HomeMy WebLinkAbout14981 ORD - 07/11/1979vp:6/26/79:Tst
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH MRS. RUTH SPARKS FOR THE RENTAL OF
LAND AND BUILDING FOR THE TAX OFFICE AT 520
LAWRENCE STREET FOR THE PERIOD BEGINNING JUNE 1,
1979 THROUGH NOVEMBER 30, 1982, AT A MONTHLY RENT
OF $1,500, 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 DECLAR-
ING 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 enter into a lease agreement with Mrs. Ruth Sparks for the rental of land
and building for the tax office at 520 Lawrence Street for the period beginning
June 1,1979 through November 30, 1982, at a monthly rent of $1,500, as more
fully set forth in the contract, a substantial copy of which is attached hereto
and made a part hereof, marked Exhibit "A".
MICROF,L£Q,
'4082 11.94,0
14981
THE STATE OF TEXAS I
COUNTY OF NUECES X "
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 ITNESSET 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 Cou rty, 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) and Lot Eight (8),
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;
for the term beginning the 1st day of June, 1979, and ending on the 30th day of
November, 1982, paying therefor the sum of Sixty -Four Thousand Five Hundred
and no/100 ($64,500) Dollars by advance monthly payments, to -wit: One
Thousand Five Hundred and No/100 ($1,500) Dollars on the 1st day of June,
1979, 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 convenants,
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 paragraphs
6 or 7.
2. Further, Lessee convenants 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 1979 and
including any year thereafter during the term hereof, excepting, taxes
shall be prorated for any 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 ouildings
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" 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
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 ,;remises for use of Lessee, in the event of total or partial des—
(truction by fire or other dalamity, 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.
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 indemnify and hold Lessor harmless from and against
any and all liability caused or created by the negligence of Lessee or its
employees or agents.
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 hererby given the first right to purchase at the sum offered by such third
party.
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
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 arties
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 , 1979.
Ruth Sparks Lessor
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
By
DAY OF , 1979
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
R. Marvin Townsend Lessee
City Manager
•
THE STATE OF TEXAS X
COUNi'Y OF NUECES X
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
, 1979.'
Notary Public, Nueces County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES X
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
, 1979.
Notary Public, Nueces County, Texas
That the foregoing ordinance was read for the first time and passed to its
second reading on this the r2/?day of , 19 7 / ,,by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read for e second time and passed to its
third reading on this the 3 day of / , 19 xJ , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance as read for the third time and passed finally
on this the // day of��, 19 19 , by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the // day of
ATTEST:
City tary
By
Assistant Ci
MAYO
, 19 7y .
14981
HE CI
OF CORPUS CHRISTI, TEXAS
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, >ss:
County of Nueces. J
Before me, the undersigned, a_Notary Public, this day personally came
Elma Rodela , who being first duly sworn, according to law, sa}sthat he is the
of the Corpus Christi Caller and The Corpus Christi Times,
Iccounting Clerk
Drily Newspapers published at Corpus Christi, Texas, in said County and State. and that the publication of
Public Notice Notice is here2y given that the C,_ity,. CQunen.gf the..-,ty oQ Corpus .. , ....f.
.of which the annexed is a true copy, was published in . Cornus Christi Caller -Times
on the._96. day of July_ 19 79 , and -once each Xh3"iERPLIBCr'Yi. ,
consecutive
1 Times. ((��
$17..59_ E lma Rodela & \\CO ()1!xG _
Accounting Clerk
Subscribed and sworn to before me this...11.th day of..J11 y 19..79
Lois Winn
Notary Pu hb 'c, Nueces County,