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HomeMy WebLinkAbout14677 ORD - 12/20/1978jkh:12- 20- 78;lst TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR THE RENTAL OF 16,672 SQUARE FEET OF OFFICE SPACE IN THE WEBER BUILDING AT 321 MESQUITE STREET AT 25 CENTS PER SQUARE FOOT, FOR TWO YEARS AND ONE MONTH (NOVEMBER 1, 1978 THROUGH NOVEMBER 30, 1980) WITH OPTION TO RENEW FOR THREE ONE -YEAR PERIODS INCLUDING THE 52 -SPACE PARKING LOT ADJACENT TO THE WEBER BUILDING FOR USE BY THE FINANCE DEPARTMENT, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MA,RKED�EXHIBIT "A "; 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 for the rental of 16,672 square feet of office space in the Weber Building at 321 Mesquite Street at 25¢ per square foot, for two years and one month (November 1, 1978 through November 30, 1980), with option to renew for three one -year periods including the 52 -space parking lot adjacent to the Weber Building for use by the Finance Department, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the aforesaid lease agreement at the earliest practicable date 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__!ao day of December, 1978. ATTEST: City Secretary APPROVE _ 1{Q AY OF DECEMBER, 1978: J. BRUCE AYCOCK, CITY ATTORN Y By Q. t City Attorney '4L MAYOR THE CITY 0 S CHRISTI, TEXAS iy�1cROFl_L� �L 1JL 0 81980 24� 6'7 THE STATE OF TEXAS j LEASE AGREEMENT COUNTY OF NUECES THIS LEASE AGREEMENT MADE AND ENTERED INTO by and between NORMAN M. PINSON and M. CATHERINE PINSON, hereinafter called Landlord, and the CITY OF CORPUS CHRISTI, of Nueces County, Texas, hereinafter called City, WITNESSETH: ,awv ARTICLE I DEFINITIONS Except as otherwise specifically defined hereinafter, the following terms, for the purpose of this lease, shall be defined as follows: 1.1 Date of lease: 1.2 Term of Lease: Twenty -five months with option to renew under same terms and conditions for additional three one -year terms. 1.3 Monthly Rental: First Floor . . . . . $ 668.00 Second Floor . . . . $1,750.00 Third Floor . . . . . $1,750.00 Parking Spaces . . . $ 450.00 1.4 Security Deposit: None , 1.5 Permitted use: Offices and parking for the personnel of the City of Corpus Christi, Texas. 1.6 Address of the City: Director of Finance, City of Corpus Christi. Box 9277, Corpus Christi, Texas 78408. 1.7 Address of Landlord: Norman M. Pinson and M. Catherine Pinson,- P. 0. Box 282, Corpus Christi, Texas 78403. 1.8 Demised Premises: a) First Floor - Approximately 2,672 square feet of space on the first floor of the Weber Building; b) Second Floor - Approximately 7,000 square feet of space com- prised of the entire second floor of the Weber Building; c) Third Floor - Approximately 7,000 square feet of space com- prised of the entire third floor of the Weber Building; said Weber Building being located at 321 Mesquite Street, Corpus Christi, Texas, located on Lot Five (5) in Fractional Block Seventeen (17), Beach Portion Addition to the City of Corpus Christi, Nueces County, Texas, as shown by a map or plat there_, of, recorded in Volume A, Page 3, Map Records, Nueces County Texas; and d) Parking Lot - Fifty -two (52) parking spaces located on Lots Three (3) and Four (4) and Fractional Lots Nine (9) and Ten (10) in Fractional Block Seventeen (17), Beach Portion Addi- tion to the City of Corpus Christi, Nueces County, Texas. ,awv r r , ARTICLE II DEMISE AND TERM 2.1 In consideration of obligation of the City to pay rent is hereinafter provided and in consideration of the terms, covenants and conditions hereof, Landlord hereby leases unto City the demised premises as defined in Article I, Paragraph 1.8 hereof, for a term commencing: a) For the Parking Lot and the Second and Third Floors - November 1, 1978; b) For the portion of the First Floor to be occupied by Internal Audit, consisting of an area of approximately 900 square feet and presently comprising the two offices located in the rear of the first floor - upon occupancy; c) For the portion of the First Floor to be occupied by Collections, consisting of approximately 1,772 square feet and presently comprising the offices in the front of the first floor - Upon occupancy; and ending on November 30, 1980, unless extended as described herein. 2.2 The City may renew this lease for three (3) additional terms covering the following periods, respectively: i) November 1, 1980 through November 30, 1981, ii) November 1, 1981 through November 30, 1982, iii) November 1, 1982 through November 30, 1983. Each notice of renewal shall be given separately at least sixty (60) days prior to the end of the respective lease term, by sending written notice to Landlord of City's intention to renew. After expiration of the original lease term on November 30, 1980, City may, by reason of City',s intention to consolidate Finance Department offices, terminate any lease renewal by giving Landlord six (6) months advance notice of City's intention to terminate. Notwithstanding anything else herein contained to the contrary, City may cancel this lease should the present or any future City Council of the City of Corpus Christi not appropriate in any fiscal year funds for the rental payments required by this lease. No penalty shall attach in the event, of any such nonappropriation. In the event of nonappropriation, City shall give the Lessor sixty (60) days notice prior to the end of the then current fiscal year (which presently runs from August 1 to July 31) before cancella- tion of this lease and City shall not be obligated to make any rental payments beyond the end of the sixty -day notice. Lessor shall have all the rights and remedies under the law to take possession of the premises in the event of such cancellation. All notices to Landlord expressing City's intention to either renew or terminate this lease as described above shall be given by sending such written notices by certified mail return receipt requested to Landlord at the address given in paragraph 1.7. Notwithstanding anything else herein contained to the contrary, City.may, without notice, cancel the entire lease agreement at any time the parking lot landlord- tenant relationship between Landlord and the owners of the related and subject demised parking lot property - Pearl L. Garrett, R.J. Garrett and Mary Pearl Calbe, as Independent Co-Trustees of the Trust. — Estate created by the Will of J.E. Garrett, deceased, and Pearl L. Garrett, individually - or their successors, ceases to exist. ARTICLE III RENT 3.1 Rental shall accrue hereunder from and after the rental commencement date described in Article II. 3.2 City shall pay to Landlord as rent the amounts specified in Article I, Paragraph 1.3. The respective amounts for each portion of the premises demised (as described in paragraph 1.8) shall be payable monthly in advance on the first day of each month during the term of this lease (as described in paragraphs 2.1 and 2.2) at the address given in para- graph 1.7 or such other place as designated by Landlord. The rent for the demised premises is based upon a rate of $0.25 per square foot per month for office space and $8.6538 per parking space per month. If such rent shall be payable for a fraction of a month, the amount payable shall be that sum that shall equal the product of the monthly rent, mul- tiplied by a fraction, the numerator of which shall be the number of days of said fraction of said month and the deno- minator of which shall be the total number of days of said month. 3.3 Should the general real estate taxes, assessments and govern- mental charges levied against the building for the real estate tax year next ensuing after City shall have been in operation in the demised premises for one (1) calendar year from the rental commencement date, or during any subsequent real estate tax year of the term of this Lease or any renewal' or extension thereof, exceed the general real estate taxes, assessments and governmental charges levied against the Weber= Building for the real estate tax year in which the rental commencement date occurs, City shall pay to Landlord as an additional amount fixed rent, a,proportionate share of such increase, computed on the ratio that the total floor area of the demised premises bears to the gross lease area in- cluded within the Weber Building,.as said gross lease area exists on the 1st day of January of said year. Such excess, in said general real estate taxes, assessments and govern- mental charges shall be paid in monthly installments each in a sum equal to one - twelfth (1/12) of the total of such excess, beginning with the next ensuing rental payment date following the date upon which notice of such increase is re- ceived by Landlord of such increase. ARTICLE IV USE AND CARE OF DEMISED PREMISES 4.1 The demised premises may be used and occupied solely for the permitted use, as defined in Article I hereof. City shall not at any time leave the demised premises vacant, but shall in good faith and with due diligence and efficiency conti- nuously throughout the term of this Lease, operate the busi- ness for which the demised premises is leased. 4.2 City shall not, without Landlord's prior written consent, keep anything within the demised premises or use the demised pre- mises for any purpose which increases the insurance premium cost or invalidates any insurance policy carried on the demised premises or any part of the Weber Building. If Landlord should consent to such use and occupancy by City, City shall pay on de- mand as additional rent, the additional insurance premiums result- ing from such use and occupancy. All property kept stored and maintained within the demised premises by City or those claiming under the City shall be at the City's sole risk. 4.3 City shall take good care of the demised premises and keep the same free from waste at all times. City shall keep the demised premises, service ways and areas adjacent to the air conditioning equipment neat, clean and free of dirt and rubbish at all times and shall store all trash and garbage within the demised premises in the kind of container specified by Landlord and shall deposit said materials in areas designated from time to time by the Land- lord for placement thereof, or in absence of specification approved by Landlord. ARTICLE V MAINTENANCE AND REPAIR OF PREMISES: ALTERATIONS: LANDLORD'S RIGHT OF ACCESS 5.1 Landlord shall keep the foundation, the exterior walls and roof of the demised premises in good repair, except that Landlord shall not be required to make any repairs occasioned by the act of negli- gence of the City, it's employees, customers, sub - tenants, licensees or concessionaires. In the event that any portion of the demised - premises should become in need of repairs required to be made by Landlord hereunder, City shall give immediate written notice thereof to Landlord; and Landlord shall not be responsible in any way for failure to make any such repairs until Landlord shall have failed to commence such repairs within thirty (30) days from the date of receipt of said notice in writing from the City and thereafter pro- ceeded diligently to complete the same. 5.2 City shall be responsible for the maintenance and repair of the interior walls and floors of the demised premises of the Weber Building, except for damage to walls and floors due to water seeping through walls or the roof. City shall keep the demised premises in good, clean condition and shall at it's sole cost and: expense make all needed repairs and replacements, including, but not limited to, replacement of cracked or broken glass and light -. bulb$ and ballasts, and repairs, replacements and alterations re- quired by any governmental authority, except for repairs and replacements required to be made by Landlord under the provisions, of this Lease. City shall also make necessary repairs and replace- ments of its fixtures required for the proper conduct of its busi- ness. If any repairs required to be made by City hereunder are not made within ten (10) days after written notice and delivered to City by Landlord, Landlord may at their option, make such repairs without liability to City for any loss or damage which may result to its fixtures, stock or business by reason of such repairs and City shall pay to Landlord upon demand, as additional rent here- under the cost of such repairs, plus interest at the rate of ten percent (10 %) per annum, from the date of payment by Landlord un- til repaid by City. At the expiration of this Lease, City shall surrender the premises in good condition, reasonable wear and tear and loss by fire, any other casualty covered by a Landlord's insur- ance policy only accepted. 5.3 Landlord shall be responsible for and have the duty to maintain, re- pair and replace the roof and exterior walls of the demised premises, and all heating and air conditioning equipment, circuitry, and sup- port systems installed in and serving the demised premises. 5.4 City shall not make any alterations, additions or improvements to the demised premises without prior written consent to the Landlord, ex- cept for installation of unattached, moveable trade fixtures, which may be installed without drilling, cutting or otherwise defacing the premises. All fixtures installed by City shall be new or completely reconditioned. All alterations, additions, improvements and fix- tures, other than non - attached, moveable trade fixtures, which may be made or installed by either party hereto upon the demised premises shall remain upon and be surrendered with the premises and become part of the property of Landlord at the termination of this Lease, unless Landlord requests their removal in which event, City shall remove the same and restore the premises to their original condi- tion at City's expense. Any linoleum or other floor covering of similar character, which may be cemented or otherwise adhesively affixed to the floor of the demised premises, shall become the property of Landlord, all without credit or compensation to City. 5.5 All construction work done by City within the demised premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements. All costs of such work shall be borne by the City and shall be paid promptly so as to prevent the assertion of any liens for labor or materials. City agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if' requested by Landlord, furnish security satisfactory to Landlord, --against any such loss, liability or damage. Whenever City proposes to do any construction work within the demised premises, it shall first furnish the Landlord plans and specifications in such detail as Landlord may request, covering all such work. Such plans and specifications shall comply with such requirements as Landlord may from time to time prescribe. In no event shall any construction work be commenced within the demised premises without Landlord's written approval of such plans or specifications. Landlord shall have the right to enter upon the demised premises at any time for - the purpose of inspecting the same or making repairs or additions to the demised premises or making repairs, alterations or addi- tions to adjacent premises or showing the demised premises to pros- pective purchasers, lessees or lenders. 5.6 In preparation for the City's occupancy of the above described first floor office space, the parties agree that the City may install a twelve -foot counter space in the north wall of the office presently occupied by Main Finance Company and to be occupied by the City's Collection Section. The parties further agree that the City may frame and install a door opening to connect.offices in the rear area of the first floor. 5.7 City shall be responsible for minor repairs and adjustments to the Weber Building elevator and shall maintain an elevator maintenance service contract to include §aid elevator. -Landlord shall be responsible for major repairs to said elevator, including but not limited to the replacement of electric motors, cables, and pulleys. Landlord shall perform all maintenance or repair work on the elevator which is required to be done as a condition precedent to the issuance to the City of an elevetor maintenance service con- tract. ARTICLE VI UTILITIES 6.1 Landlord agrees to cause to be provided and maintained the necessary mains, conduits and other facilities necessary to supply water, gas, electricity, telephone service and sewage service to the demised premises. 6.2 City shall pay all utilities for the demised premises, effective November 30, 1978. The City shall, in addition, pay its pro rata share of the costs for utilities during the period from November 1, 1978 to November 30, 1978, based upon the square footage of the Weber Building actually occupied by the City. ARTICLE VII INDEMNITY 7.1 Landlord shall not be liable to City or to Tenant's employees, agents or visitors or to any other person, whomsoever, for any injury to person or damage to property, on or about the demised premises, or in the common areas caused by the negligence or mis- conduct of Tenant, its employees, sub - tenants, licensees and concessionaires, or for any other person entering into the Weber Building, under the express or implied invitation of Tenant, or other tenants of the Weber Building, or arising out of the use of the demised premises by Tenant and the conduct of its business therein or arising out of any breach or default by Tenants in the performance of its obligations hereunder; and Tenant hereby agrees- - to indemnify Landlord and hold him harmless from any loss, expense or claims arising out of such damage or injury. 7.2 Landlord and Landlord's agents and employees shall not be liable to Tenant for any injury to person or damage to property sustained by Tenant or any person claiming through Tenant resulting from any accident or occurrence in the demised premises or any other portions of the Weber Building, including, but not limited to injury or da- mage caused by the demised premises or other portions of the Weber Building coming out of repair or by defect in or failure of equip- ment, pipes, wiring or broken glass or by the backing up of drains or by gas, water, steam, electricity, or oil leaking or escaping or flowing into the demised premises, (except where due to Landlord's willful failure to make repairs required to be made hereunder, after the expiration of a reasonable time after written notice to Landlord of the need for such repairs), nor shall Landlord be liable to Tenant for any loss or damage that may be occasioned by or through the acts, or omissions of other Tenants of the Shopping Center of any other persons whomsoever. , 7.3 City shall indemnify and hold harmless the Landlord, as well as Landlord's assignor - R.W. Depuy, and the owners of the demised parking lot property -Pearl L. Garrett, R.J. Garrett and Mary Pearl Calbe, as Independent Co- Trustees of the Trust Estate created by the Will of J.E. Garrett, deceased, and Pearl L. Garrett, indivi- dually, from and against any and all liability created by the negligence of the City, its agents or employees, arising out of the City's lease of the demised parking lot. �n:..N ARTICLE VIII DAMAGE BY CASUALTY 8.1 Landlord without costs to Tenant, shall cause to be maintained upon the building, which is the subject of this lease, a policy of insurance for fire and extended coverage for not less than 80% of the full insurable value thereof. 8.2 Tenant shall give immediate written notice to Landlord of any damage caused to the demised premises by fire or other casualty. 8.3 In the event that the demised premises shall be damaged or des- troyed by fire or any other casualty covered by Landlord's insurance and Landlord does not elect to terminate this Lease as hereinafter provided, Landlord shall proceed with reasonable diligence and at his sole cost and expense to rebuild and repair the demised premises, but Landlord shall not be obligated to ex- pend for such rebuilding and repairing in an amount in excess of the insurance proceeds recovered by Landlord as a result of such loss. If the building in which the demised premises are located shall (a) be destroyed or substantial) damaged by casualty not covered by Landlord's insurance, or (b) be destroyed or rendered untenable to an extent in excess of 50% of the leased area by casualty covered by Landlord's insurance, then in either of such events, Landlord may elect to either terminate this Lease or pro- ceed to rebuild and repair the demised premises. Landlord shall give written notice to Tenant of such election within sixty (60) days after the occurrence of such casualty and if he elects to rebuild and repair, shall proceed to do so with reasonable dili- gence at his sole cost and expense. 8.4 Landlord's obligation to rebuild and repair under this Article VIII shall in any event be limited to restore in Landlord's work to . substantially the condition in which the same existed prior to the,casualty. 8.5 Tenant agrees that during the period of reconstructions or repair of the demised premises, it will continue its operation of its business within the demised premises to the extent practicable. During the period from the occurrence of the casualty until Land- lord's repairs are completed, the fixed annual rent shall be reduced proportionately on the basis of the fixed annual rental rate per square foot of area in the demised premises still useable by Tenant; however, there shall be no abatement or reduction of additional rent or other charges provided herein. 8.6 In no event shall Landlord be liable to Tenant, its successors, customers, assigns or subrogees, or any person claiming under Tenant for any injury to persons, loss of'life, damage to or loss of any property in or about the demised premises. All public liability and property damage insurance, fire and ex- tended coverage insurance, and other insurance carried either by Landlord or Tenant, covering losses arising out of the des- truction or damage to the demised premises or its contents or to other portions of the building or to Tenant's occupancy and to operation of the Tenant's business therein, shall provide for waiver of rights of subrogation against Landlord and Tenant on the part of the insurance carriers to the extent that same is permitted under the laws and regulations governing the writing of insurance within the State of Texas. Each party shall furnish the other with written acknowledgment of such waiver by their respective insurance carriers. ARTICLE IX EMINENT DOMAIN 9.1 In the event the fee comprising of the demised premises herein should be taken for any public or quasi - public use under any governmental law, ordinance, regulation or by right of eminent domain or by private purchase in lieu thereof, either party shall have the option of terminating the term of this Lease by notifying the other of its election to do so on or before the date which is six months after tenant shall have received written notice from either Landlord or the authority taking or purchasing for such public or quasi - public use of the abso- lute decision to take the floor area of the demised premises and upon such notice being given, the term of this Lease shall terminate and end on the date physical possession is taken by the condemning authority. 9.2 Except as expressly provided otherwise in Paragraph 9.1 above, any election to terminate this Lease following the taking for or any public or quasi - public use under any governmental law, ordi- nance, regulation or by right of eminent domain or by private purchase in lieu thereof, shall be evidenced by written notice of termination delivered to the other party within thirty (30) days after the date on which physical possession is taken by such public or quasi - public use. 9.3 In the event this Lease is not terminated following a partial termination, Landlord shall make all necessary repairs and alter- ations necessary to make the demised premises an architectural whole provided Landlord shall not be required to spend for such work in an amount in excess of the amount received by Landlord as damages for the part of the demised premises taken. "Amount received by Landlord" shall mean that part of the word in con- demnation (or the proceeds of a sale in lieu thereof), which is free and clear to Landlord of any collection by Mortgagees for the value of the diminished fee. 9.4 All compensation awarded for any taking (or the proceeds of a private sale in lieu thereof) were for the whole or part of the demised premises shall be the sole property of Landlord, whether - such sale is compensation for damages to Landlord's or Tenant's interest in the demised premises, and Tenant hereby assigns all his interest in such award to such Landlord, provided, however, that Landlord shall have no interest in any award made to Tenant_ for loss of business or for the taking of Tenant's fixtures or other property, within the demised premises as separate award for such items as made to Tenant. ARTICLE X ASSIGNMENT AND SUB - LETTING 10.1- Tenant shall not assign or in any manner transfer this Lease or any estate or any interest therein, or sublet the demised premises or any part thereof, without the prior written consent of Land- lord. Consent by Landlord to one or more assignments, or sub- letting shall not operate as a waiver of landlord's right as any subsequent assignments or subletors. Notwithstanding any assign- ment or subletting, Tenant shall at all times remain fully res- ponsible and liable for the payment of rent herein specified in compliance with all of its other obligations under this Lease. The term, "sublet" shall be deemed to include the granting of licenses, concessions and any other rights of occupancy of any portion of the demised premises. 10.2 The liability of a Landlord to Tenant for any default by Landlord under the terms of this Lease shall at all times be limited to the proceeds of sale on execution of the interest of the Landlord in the Weber Building and Landlord shall not be personally liable for any deficiency. In the event of the transfer and assignment by Landlord of their, interest in this Lease and in the Building containing the demised premises, Landlord shall thereby be released from any responsibility hereunder and Tenant agrees to look solely to such successor in interest of the Landlord for performance of such obligations. 10.3 Tenant shall not mortgage, pledge or otherwise encumber its interest in this Lease or in the demised premises, nor may such interest be transferred by operational loan. ARTICLE XI TAXES 11.1 Tenant shall be liable for all taxes levied against personal property and trade fixtures placed by Tenant in the demised pre mises. If any such taxes upon which Tenant is liable is levied against Landlord on Landlord's property and if the Landlord elects to pay the same or if the assessed value of the Landlord's property is increased by inclusion of personal property and trade fixtures placed by Tenant in the demised premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand, that part of such taxes for which Tenant is primarily liable hereunder. 11.2 Tenant shall timely make and file such returns or reports as shall be required in connection with any and all franchise limited sales and use, taxes and other taxes, if any, levied by the State of Texas or County of Nueces or other governmental authority in con- nection with the operation of Tenant's business in the demised premises to secure the payment of which the State of Texas and other tax authorities may claim or assert a lien upon Landlord's property. After the making and filing of such returns and reports, Tenant shall pay, before same shall become delinquent, such taxes as furnished to Landlord, written certification or other evidence of such payment issued by the collection of said taxes. ARTICLE XII DEFAULT BY TENANT AND LANDLORD'S REMEDIES 12.1 The following events shall be deemed events of default by Tenant.: under this Lease: (1) Tenant shall fail to pay any installment of rent due hereunder and such failure shall continue for a period of ten (10) days; (2) Tenant shall fail to comply with any term, provision or covenant of this Lease other than the payment of rent and shall not cure such default within fifteen (15) days after written notice thereof to Tenant; (3) Tenant shall desert or vacate any substantial portion of the premises; and (4) Tenant shall do or permit to be done anything which creates a lien upon the demised premises. Upon the occurrence of any of such events of default, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever: (a) Terminate this Lease, in which event, Tenant shall imme -= diately surrender the demised premises to Landlord, and if Tenant fails to do so, Landlord may, by any lawful means and without pre- judice to any other remedy which he may have for possession or arrears in rent, enter upon and take possession of the demised premises and expel or remove Tenant and any other person who may be occupying said premises or any part thereof; without being lia- -r ble for prosecution or any claims for damages therefor; and Tenant agrees to pay to Landlord, on demand, the amount of all loss and damage which Landlord may suffer by reason of such termination, whether through inability to relet the premises on satisfactory; terms or otherwise. (b) Enter upon and take possession of the demised premises, and expel or remove Tenant, and any other person who may be occu- pying said premises or any part thereof, without being liable for, prosecution or any claims for damages therefor, and, if Landlord so elects, relet the premises on such terms as Landlord may deem: advisable and receive the rent therefor; and Tenant agrees to pay to Landlord on demand, any deficiency that might arise by reason of such reletting. (c) Enter upon the demised premises and without being liable for prosecution or any claims for damages therefor, and do whatever Tenant is obligated to do under the terms of this Lease; and Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur and thus effecting compliance with Tenant's obligations under this Lease, and Tenant further - agrees that Landlord shall not be liable for any damages result ing to the Tenant from such action, whether caused by the negli gence of Landlord or otherwise. Pursuit of any of the foregoing remedies shall not preclude pur- suit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein - provided constitute a forfeiture or waiver of any rent due to Landlord hereunder or of any damages occurring to Landlord by reason of the violation of any terms, provisions and covenants herein contained. Forebearance by Landlord to enforce one or more of the remedies.herein provided upon event of default shall not be deemed or construed to constitute a waiver of such default. In determining the amount of loss or damage which Landlord may suffer by reason of termination of this Lease or the deficiency arising by reason of any reletting of the demised premises by Landlord as above provided, allowance shall be made for the expense of repossession and any repairs or remodeling undertaken by Landlord following repossession. 12.2 If, on account of any breach or default by Tenant and Tenant's obligations hereunder, it shall become necessary for Landlord to employ an attorney to enforce or defend any of the Landlord's rights or remedies hereunder, Tenant agrees to pay any reasonable attorneys' fees incurred by Landlord in such connection. 12.3 Landlord hereby acknowledges receipt from Tenant of the first accruing installment of rent. ARTICLE XIII HOLDING OVER In the event the Tenant remains in possession of the demised premises. after the expiration of this Lease and without the execution of a new lease, it shall be deemed to be occupied in said premises as a Tenant from month to month at a rental equal to the rental herein provided and otherwise subject to all con-- ditions, provisions, obligations of this Lease insofar as same are applicable on a month to month tenancy period. ARTICLE XIV NOTICES Whenever any notices are required or permitted hereof, such notices shall be in writing. Any notice or document required or permitted to be delivered here -, under shall be deemed to be delivered whether actually received or not, when depo sited at a point in the State of Texas in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the parties hereto at the respective addresses set out in,Article I above, or at such other addresses as' they may have theretofore specified by written notice delivered in accordance here-, with. ARTICLE RV MISCELLANEOUS 15.1 The captions used in this Lease are.for convenience only and do not in any way limit or amplify the terms or provisions hereof. 15.2 One or more waivers of any covenant, term or condition of this Lease, by either party, shall not be construed as a waiver of the subsequent breach of the same term or condition. The con- sidered approval by either party to or of any act by the other party requiring such consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. 15.3 Whenever a period of time is herein prescribed for action to be taken by Landlord, Landlord shall not be liable or responsible for and there shall be excluded from the computation of any such period of time any delays due to strikes, riots, acts of God, shortages of labor or materials, war,government loss, regulations, or restrictions or any other causes of any kind whatsoever which are beyond the reasonable control of Landlord. At any time when there is outstanding a mortgage, deed of trust, or similar secu- rity instrument covering Landlord's interest in the demised premises, or the Weber Building, Tenant may not exercise any re- medies for default by Landlord hereunder, unless and until the holder of the indebtedness secured by such mortgage, deed of trust, or similar security instrument shall have received written notice of such default and a reasonable time procuring such de- fault shall thereafter have elapsed. Landlord, upon receiving any written notice of default from City, shall forthwith provide the City with the names and addresses of all such holders of such indebtedness. 15.4 This Lease shall be construed in accordance with the laws of the State of Texas and all obligations of Landlord and Tenant under the terms of this Lease shall be payable and performable in Nueces- County, Texas. 15.5 Landlord hereby covenants and agrees that if Tenant shall per -- form all of the covenants and agreements herein required to be. performed on the part of the Tenant, Tenant shall, subject to the terms of this Lease, at all times during the continuance of this Lease, have the peaceful, quiet and enjoyment and pos- session of the demised premises. 15.6 This Lease contains the entire agreement between the parties and - no agreement shall be effective to change, modify or terminate this Lease in whole or in part, unless such agreement is in writing and duly signed by the party against whom enforcement of -' such change, modification or termination is sought. 15.7 Tenant agrees that it will from time to time upon request by Landlord, execute and deliver to Landlord a statement in re- cordable form, certifying that this Lease is unmodified and in full force and effect, (or if there has been a modification ". that the same is in full force and effect as so modified) and further, stating the dates to which rent and other charges payable under this Lease have been paid. 15.8 Should any provision of this Lease be held invalid or unenforce- able, the validity and enforcibility of all remaining provisions - of this Lease shall not be affected thereby. i, —, 15.9 The terms, provisions and covenants contained in this Lease shall apply, and inure to, the benefit of, and be binding upon the parties hereto, their respective heirs, successors and interests and legal representatives, except as otherwise herein expressly provided. IN WITNESS WHEREOF, the parties hereof have herein set their hands and seals this day and year set forth in Paragraph 1.1 of Article I of the date of this Lease. ATTEST: City Secretary APPROVED: 20th DAY OF DECEMBER, 1978: J. BRUCE AYCOCK, CITY ATTORNEY B s s n City A o n Director of Finance THE STATE OF TEXAS 9 COUNTY OF NUECES 8 Norman M. Pinson M. Catherine Pinson CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager BEFORE ME, the undersigned authority, on this day personally appeared NORMAN M. PINSON, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of A.D. 197 Notary Public in and for Nueces County, Texas THE STATE OF TEXAS S COUNTY OF NUECES -S BEFORE ME, the undersigned authority, on this day personally appeared M. CATHERINE PINSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , A. D. 197 Notary Public in and for Nueces County, exas THE STATE OF TEXAS S COUNTY OF NUECES S BEFORE ME, the undersigned authority, on this day personally appeared of the CITY OF CORPUS CHRISTI, known to me to e t e 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 capac•i =- ty therein stated and as the act and deed of said City of Corpus Christi. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of A. D. 197 Notary Publicin and for Nueces County, Texas Corpus Christi, Texxsd�s () Q day of !'2 i�ma� 19 -1a 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, THE CITY OF C. S CHRISTI, TEXAS b rt f The Charter rule Was suspended y ollow-ing vote_ Gabe Lozano, Sr. Bob Gulley ( [j David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. (�yJ Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 146 7 7