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Home My WebLink About15121 ORD - 09/19/1979AS 7"` AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A 3 -YEAR LEASE AGREEMENT WITH MR. SAM SUSSER, OF CORPUS CHRISTI WAREHOUSE AND STORAGE COMPANY, FOR THE CITY'S USE OF 10.000 -SQUARE FEET OF COVERED WAREHOUSE SPACE AS A RECREATION EQUIPMENT WAREHOUSE, AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A". BE IT SO ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That the City Manager be and is hereby authorized to execute a three (3) year lease agreement with Mr. Sam Susser of Corpus Christi Warehouse and Storage Company for the City's use of 10,000 square feet of covered warehouse space as a recreation equipment warehouse, as more fully set forth in the lease agreement, a substantial copy of which is attached hereto as Exhibit "A". 2. That the necessity to authorize at the earliest practical date, submission of the aforesaid lease and to authorize the City Manager to execute all necessary and related documents to implement the lease 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 that such emergency and necessity exits, 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 nd after its passage. IT IS ACCORDINGLY SO ORDAINED, this the 19 day of / , 1979. ATTEST: Ci Secretary APPROVED: /7 DAY OF J. BRUCE.4Y000K, 40( THE f OF CORPUS CHRISTI, TEXAS , 1979 15121 JACR_OFILMEO ��; ZZ444. -TEE STATE OF TEXAS ) COUNTY OF NUECES ) This agreement of lease is made and entered into, and effective the 15th day of September, 1979, regardless of when actually executed by the parties hereto, by and between Mr. Sam Susser, doing business as Corpus Christi Warehouse $ Storage Comply, hereinafter collectively called "Lessor", and the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City"; WITNESSETH: The said Lessor does by these presents lease unto the City the follow- ing described property lying and being situated in the City of Corpus Christi, Nueces County, Texas, to -wit: 12,400 sq. ft. frame wood warehouse, with sprinkler system, and loading/unloading dock, located at 95011 East Port Avenue, City of Corpus Christi, Nueces County, Texas, as shown in Attachment #1. 1) The term of this lease shall be for three (3) years, commencing on the 15th day of September, 1979, and terminating on the 14th day of September, 1982. 2) City agrees to pay as rent the sum of $1;100:110:,., payable in monthly installments, the first of which installment shall become due and payable on the 15th day of September, 1979, and a like installment on the 15th day of each succeeding month thereafter, through the last installment on August 15, 1982. 3) The above rent represents payment for 10;0(4sq. ft. of warehouse space at the rate of 11(t per sq. ft. per month. - 4) City shall pay the rent to Lessor at Corpus Christi Warehouse and Storage Company, P.O. Box 9036, Corpus Christi, Texas, monthly, in advance, as the same shall fall due, for the full term hereof. 5) The Lessor agrees to furnish at its own expense the following: A. Routine building maintenance. 6) City agrees that the following item's will be furnished at its own expense: A. Normal janitorial services. B. All utilities. 7) City shall, at the end or other termination of this lease, deliver up the leased premises in good order and condition, .natural deterioration and damage by fire and elements excepted. 8) That the City 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 Lessor deemed so damaged as to be unfit for occupancy or if the Lessor shall decide not 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 damage. Should Lessor decide to repair the premises for use of City, 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. Notwithstanding anything else herein contained, Lessor shall never be obligated to repair or restore any portion of the premises not covered by Lessor's "extended coverage" insurance policy. 9) City shall indemnify and hold harmless the Lessor, its 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 occupancy of the leased premises. 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 City of such default and Lessor's intention to declare the lease forfeited, and thereupon (unless City 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 hereon; and Lessor's agent or authority shall have the right, without further notice or demand, to reenter and remove all persons and City'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 City who shall make good any deficiency. 11) That in case of default by the Lessor (poor building maintenance, security, or fire system) the City may give 30 days notice of cancellation of lease if such default remains 30 days after written notice of default. Notwithstanding anything else herein contained to the contrary, City may cancel this lease upon intent or 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 to the City in the event of cancellation by intent or non -appropriation, and the City shall give the Lessor sixty (60) days notice before cancellation 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. 12) A11 notices to be given under the provisions of this lease shall be mailed to City addressed to Park and Recreation and to Lessor addressed to: Terry Dopson, Director Park $ Recreation Dept. P. 0. Box 9277 Corpus Christi, Texas 78408 Mr. S. Susser Corpus Christi Warehouse t Storage Co. P. 0. Box 9036 Corpus Christi, Texas 78408 13) In the event City holds over after the expiration of the term here- of, such tenancy shall be on a month-to-month basis and either party may terminate this lease on or after. September 15, 1982, by giving the other party at least three (3) months written notice. 14) A11 permanent alterations and improvements affixed to such building by City shall become the property of Lessor at the termination of this lease. 15) The terms of this lease shall be binding upon and inure to the bene- fit of Lessor and City, and their respective heirs, successors, personal represent- atives and assigns; provided, however, nothing contained in this paragraph shall be construed to allow City to assign or sublet the leased premises nor any portion thereof; and provided, further however, Lessor shall have the right to assign this lease, or any portion hereof, in the event Lessor shall sell or otherwise dispose of its interests (or all or any part of such interests) in the Susser Petro Ware- house, 950' East Port Avenue, Corpus Christi, Texas. �3- IN TESTIMONY WHEREOF, the parties of this agreement have hereunto set their hands, in duplicate, this the day of , 1979 ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF ,1979: O. BRUCE AYCOCK, CITY ATTORNEY By . Assistant City Attorney Director of Finance LESSOR: Corpus Christi Warehouse $ Storage Co. By Sam Susser, Owner LESSEE: CITY OF CORPUS CHRISTI, TEXAS By R. Marvin Townsend, City Manager • .r 43 wig auRM 1 Corpus Christi, Texas /9 day of 19 79 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, TH"ITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspendeby the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passe u by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15121