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HomeMy WebLinkAbout14679 ORD - 12/20/1978y" jkh:12- 13- 78;lst AN ORDINANCE b AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH W. W. JONES PROPERTIES FOR 4,608 SQUARE FEET OF SPACE,LOCATED IN THE JONES BUILDING THIRD FLOOR AT $,1935.36 PER MONTH FOR ELEVEN MONTHS COMMENCING NOVEMBER 15, 1978 AND 576 SQUARE FEET ON THE FOURTH FLOOR FOR NINE MONTHS AT $241.92 PER MONTH COMMENCING JANUARY 1, 1979, TO PROVIDE OFFICES FOR THE CITY'S CETA ADMINISTRATION AND EMPLOYMENT OPPORTUNITIES PROGRAM OFFICES, AND AUTHORIZING EXERCISE OF 12 -MONTH RENEWAL OPTION IF THE EXECUTION OF SAID OPTION IS WARRANTED, ALL AS IS MORE PARTIC- ULARLY 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. TEXAS: 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 with W. W. Jones Properties for 4,608 square feet of space located in the Jones Building Third Floor at $1,935.36 per month for eleven months, commencing November 15, 1978, and 576 square feet on the Fourth Floor for nine months at $241.92 a month commencing January 1, 1979, to provide offices for the City's CETA Administration and Employment Opportunities Program offices, and authorizing exercise of 12 -month renewal option if the execution of said option is warranted, all as is more particularly 4S set <forth in the lease agreement, a substantial copy of which is attached .•h hereto and made a part hereof, marked Exhibit "A ". ¢ w 'SECTION 2. The necessity to authorize execution of the aforesaid lease agreement creates a public emergency and an imperative public neces- sity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that u such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency and necessity k to exist, having requested the suspension of the Charter rule and•that this ordinance be passed finally on the date of its introductim and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the_,,�day of December , 1978. �t ATTEST: 52 UL 0 81980 C7ty Secretary MAYOR THE CITY OF CORPU STI, TEXAS APPROVED: December 13, 1978: J. BRUCE, AYCOCK, CITY ATTORNEY By ' 2�� i Asistan y rorney " 12/20/78 1r i THE STATE OF TEXAS [ COUNTY OF NUECES THIS AGREEMENT of lease is made by and between the Estate of Benjamin Eshleman, Jr., Deceased, Lorine Eshleman Vogt, W. W. Jones, II, and Kathleen Jones Alexander, doing business as Jones Properties and owners of the W. W. Jones, Building, by and through their duly authorized agent, Carl Frasier, hereinafter called "Lessor" and the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "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) The 3rd floor of the W. W. Jones Building, 317 Peoples Street, Corpus Christi, Texas, containing 4608 square feet, and being further described as a portion of Lot 7, Block 4, Beach Addition, Corpus Christi, Nueces County, Texas; for a term of eleven (11) months, commencing November 1, 1978 and terminating September 30, 1979; and b) Room 408 of said W. W. Jones Building, containing 576 square feet; for a term of nine (9) months, commencing January 1, 1979 and terminating September 30, 1979. 4 In the event Lessor is unable to deliver possession of the 3rd floor, or any portion thereof, to Lessee on or by November 1, 1978, the rent becoming due hereunder for such undelivered portion shall be prorated to the date of delivery of possession. . 1. Lessee shall pay, as rent for the 3rd floor, the total sum of Twenty -one Thousand Two Hundred Eighty -eight and 96/100 ($21,288.96) Dollars, in monthly installments of One Thousand Nine Hundred Thirty -five and 36/100 ($1,935.36) Dollars each, commencing November 1, 1979. In addition, Lessee shall pay, as rent for Room 408, the further sum of Two Thousand One Hundred Seventy -seven and 28/100 ($2,177.28) Dollars, payable in monthly installments, in advance, in the sum of $241.92, commencing January 1, 1979. HIV '�' t All rentals becoming due hereunder shall be paid to Lessor at 920 Jones Building, Corpus Christi, Texas. 2. Lessor agrees to furnish at its own expense, the following: a) Normal janitorial service b) General electrical service c) Central heat and air conditioning d) Routine building maintenance e) All normal utilities 3. Lessee is presently occupying Room 408 of such building. Lessor shall not be under any obligation to make any additions to or altera- tions of such premises presently occupied by Lessee. Lessee shall take possession of the 3rd floor of such building in an "as -is" condition. 4. The Lessee shall, at the end or other termination of this lease, deliver up the demised premises, or portions thereof, as termination occurs under the provisions of this lease, in good order and condition, natural deterioration and damage by fire and elements excepted. In the event Lessee holds over at the end of the terms hereof, such holding over shall constitute a month -to -month tenancy, notwithstanding anything else herein contained to the contrary. 5. Lessee shall, in case of damage by fire or other hazards included under "extended coverage" insurance, 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 occu- pancy or if the Lessor shall decide not to rebuild or remodel the said build- ing, 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 destruction 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. -2- 6. Lessee shall indemnify and hold harmless the Lessor, its i successors and assigns, from and against any and all liability for loss, damage or injury to persons or property arising out of City's use and occu- pancy of the demised premises. 7. 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 rent or breach of covenant; or Lessor's agent or attorney may resume posses- sion of the premises and relet the same for the remainder of the term at the- best rent said Lessor or attorney may obtain, for account of the Lessee who shall make good any deficiency. 8. 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: W. W. Jones, II P. 0. Box 2766 Corpus Christi, Texas 78403 9. All alterations and additions affixed to such building by Lessee shall become property of Lessor at the end or earlier termination of this lease unless removed by the Lessee. EXECUTED IN DUPLICATE, this the day of 197. ATTEST: LESSOR: JONES PROPERTIES City Secretary By Carl Frasier, Manager APPROVED: DAY OF 1978 CITY OF CORPUS CHRISTI, TEXAS, LESSEE City Attorney_ By Director of Finance R. Marvin Townsend, City Manager -3- Corpus Christi, Tex s , b day of 19, fI 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 TH CITY US CHRISTI, TEXAS The Charter rule was suspended by he following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by a following vot e: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 146 9 a.