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Home My WebLink About15198 ORD - 10/24/1979jkh:10-24-79;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE ESTATE OF RUTH WEIL FOR THE RENTAL ON A MONTH- TO-MONTH BASIS OF A BUILDING LOCATED AT 413 N. CHAPARRAL FOR $1,000 PER MONTH, AS MORE FULLY 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a lease agreement with the Estate of Ruth Weil for the rental on a month-to=month basis of a building located at 413 N. Chaparral, in the City of Corpus Christi, Texas, for $1,000 per month, all as more fully set forth in the Lease Agree- ment, a substantial copy of which is attached hereto, marked Exhibit "A", and made a part hereof. • SECTION 2. The necessity to authorize execution of the aforesaid agreement at the earliest practicable date to afford needed space for the City of Corpus Christi 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 Y � 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 X 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 day of October', 1979. ATTEST: ,4� 'City'Secretary MAY APPROVED: Q DAY OF OCTOBER, 1979: J. BRUCE YCOCK ITY ATTORNEY By A sistant Cit / J.rney 15108 THE Y OF CORPUS CHRISTI, TEXAS MICROFILMED AUG 28 194 LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES I THIS AGREEMENT of lease is made by and between the Estate of Ruth Weil, Deceased, Corpus Christi National Bank and Roger Powell, Inde- pendent Executor of the Estate of Ruth Weil, hereinafter called "Lessor" and the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "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 County, Texas, to -wit: Building and premises located at 413 N. Chaparral, in the City of Corpus Christi, Nueces County, Texas, formerly known as Colbert's Smart Shop, more particu- larly described as Lot 4, Block 12, Beach Portion, an addition to the City of Corpus Christi, Texas, for a month-to-month term, commencing October 25, 1979 and terminating November 24, 1979. In the event Lessor is unable to deliver possession to Lessee on or by October 25, 1979, 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 premises, the sum of One Thousand ($1,000) Dollars per month, the first of which payments shall be made on the 25th day of October, and each succeeding payment shall be made on the 25th of each month following. A11 rentals becoming due hereunder shall be paid to the Estate of Ruth Weil, Corpus Christi National Bank Trust Department, Box 900, Corpus Christi, Texas, 78403, Attention: Roger Powell, Executor. 2. Lessee 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) A11 normal utilities 3. Lessor shall not be under any obligation to make any additions to or alterations of such premises occupied by Lessee. Lessee shall take possession 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 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 destruction by fire or other calamity, then, in such event, the rent herein- above 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. 6. Lessee 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 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 -2- 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: Estate of Ruth Weil Corpus Christi -National Bank Trust Dept. P. 0. Box 900 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. 10. Lessor agrees to pay the normal commission for leasing said premises to Fred Quaile Realty Company. 11. Lessor reserves the right to enter the premises during normal business hours, or at other times by pre -arrangement, for the purpose of showing the property to prospective buyers. EXECUTED IN DUPLICATE, this the day of , 1979. ATTEST: City Secretary APPROVED: DAY OF J. BRUCE AYCOCK, CITY ATTORNEY LESSOR: ESTATE OF RUTH WEIL, DECEASED CORPUS CHRISTI NATIONAL BANK TRUST DEPT. By Roger Powell, Executor CITY OF CORPUS CHRISTI - LESSEE By By Assistant City Attorney R. Marvin Townsend, City Manager Director of Finance Corpus Christi, T xas 29C day of , 1979 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 CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspend ' by 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 passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: