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Home My WebLink About13720 ORD - 05/04/1977• JKH:hb:5/3/77 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREE- MENT AND OPTIONS THEREIN WITH MARGARITO GALLEGOS FOR APPROXIMATELY 2500 SQUARE FEET OF SPACE LOCATED AT 833 AVENUE J IN ROBSTOWN, TEXAS; FOR A TERM OF 12 MONTHS, FOR USE AS A TITLE VII NUTRITION PROGRAM KITCHEN AND MEAL SITE FOR THE SENIOR COMMUNITY SER- VICES PROGRAM, ALL AS MORE FULLY SET FORTE IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A ", AND MADE A PART HEREOF; 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 and he is hereby authorized to execute a lease agreement with Margarito Gallegos for approximately 2500 square feet of space located at 833 Avenue J in Robstown, Texas, for a term of 12 months at a lease rate of $175 per month, for use as a Title VII Nutrition Program kitchen and meal site for the Senior Community Services Program, all as more fully set forth in the lease agreement, in substantially the form attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize execution of the afore- said lease agreement at the earliest practicable date in order that the kitchen and meal site may be readied for use in the Title VII Nutrition Program for the Senior Community Program 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 Ild- ay of May, 1977. ATTEST: ClIfy Secre y APPROVED:VAY OF MAY, 1977: J. B UCE AYCOCR, TTORNEY By Assistant Ci At orney MAYO THE CITY OF CORPUS CHRISTI, TEXAS MICROFILMED Jill 0 r" "j q0 13720 • • LEASE AGREEMENT THE STATE OF TEXAS x COUNTY OF NOECES X This agreement made this day of May, A.D. 1977, between Margarito Gallegos as Lessor and the City of Corpus Christi, a municipal corporation, as Lessee: W I T N E S S E T H: That the Lessor does hereby lease to the Lessee the following described property, being the lot and building at 833 Avenue J in the City of Robstowno County of Nueces, State of Texas, and being more particularly described as follows: Lots 18- 19 -20, Block 1, Blue Bonnet Addition, Robstown, Texas. Lessee to hold said premises for a term of twelve (12) months, beginning on the first day of May, 1977, and ending on the 30th day of April, 1978, for the purpose of conducting a nutrition program. Lessee has the option to renew this lease for a further period of two,(2) years in one -year increments on the same terms of rental by giving to the Lessor thirty (30) days written notice of its election so to do. Lessee has the right to terminate this lease by giving to the Lessor thirty (30) days written notice of its election so to do. Any notice from Lessee to Lessor under or in regard to this lease may be served by mailing a copy thereof to the Lessor at 3321 Southland Street, Corpus Christi, Texas, or at such other place as the Lessor from time to time in writing may appoint. In consideration for this lease Lessee shall pay a rental during the term of this lease at the rate of One Hundred Seventy -Five ($175) Dollars per month, payable in advance on the first day of each calendar month. I Lessee shall, at its own cost and expense, throughout the term of this lease, and so long as Lessee shall remain in possession of the • .. 1. 0 demised premises, keep and maintain the premises in good repair (except as hereinafter provided) and at the termination of this lease, Lessee shall deliver up the demised premises in as good condition as at the beginning of the term, natural deterioration, depreciation and damage by fire and the elements only excepted. II Lessor agrees to leave in place at the demised premises the following items of equipment: 1 large capacity refrigerator 1 medium capacity refrigerator 1 medium capacity freezer 1 large stove with vent hood with fan 1 large meat cutting table 1 large bread container 1 serving cart 11 tables 44 chairs All of the aforementioned items plus all plumbing and electrical fixtures and air conditioning and heating systems must be usable and in compliance with all applicable laws when the lease begins. Lessee shall be responsible for any minor repairs or replacement needed for any of these items. Lessee is not responsible for major repairs to the aforementioned items. Major repairs to the building and the equipment are the responsi- bility of the Lessor. Major repairs are defined as those repairs costing in excess of $100 and must be completed within five (5) working days from the day reported. Major repairs which are delayed for longer than the specified period will be done by the Lessee, the cost of which will be deducted from the rent. III Lessor agrees to make the following improvements to the building prior to its being occupied by the Lessee: Repair worn floor tile Repair ceiling in dining area Install additional shelves in kitchen area -2- Remove barbecue pit in kitchen. Remove the center part of the concrete planter in dining room. Separate kitchen area from recreational area by partition with connecting door. Repair front door Remove gas pipe and cement casing from kitchen floor. Filling of holes in driveway with gravel and caliche. These improvements will be done at the expense of the Lessor. IV Lessee shall have the right to make such alterations, additions and improvements on said premises as it shall deem necessary, including but not limited to the installation of any further needed items of equipment, provided that any equipment and fixtures installed during the term of this lease or prior thereto by the Lessee, shall be regarded as removable fix- tures, all or any part of which the Lessee, at its selection, may leave on such premises or remove within thirty '(30) days of the date of termination of this lease. Lessee shall be responsible for the maintenance and repair of any additional equipment which Lessee may place on the premises. V Lessee shall not assign this lease or sublet said premises or any part thereof without the written consent of the Lessor and upon the termination of this lease shall surrender said premises, and the items of equipment listed in paragraph II above, to the Lessor in as good condition as at the beginning of the term of this lease, loss by fire or other casualty, ordinary wear and tear, and repairs chargeable to the Lessor excepted. VI Lessor shall have the right of access at reasonable times for examining said premises and for making any necessary repairs. VII Lessee shall pay for the telephone, electricity, gas, water, sewer and garbage utilities during the term of the lease. -3- VIII Lessor shall maintain adequate fire and storm insurance on the demised premises during the period of this lease and Lessor shall pay all ad valorem property taxes on the demised premises as they become due. I% Lessor indemnifies and holds harmless the Lessee against any and all liability incurred as a result of Lessor's failure to make any necessary repairs to the demised premises or as a result of his negligence in making any necessary repairs to the premises. S In case said premises shall be rendered uutenantable by fire or other casualty during said term, Lessor may rebuild said premises within thirty (30) days, but failing to do so, or if said premises shall be destroyed by fire or other casualty, this lease thereby shall be terminated; in the event of such a termination of this lease, Lessee shall be chargeable with rent only to the date of such fire or other casualty, and if Lessor shall rebuild within thirty (30) days, Lessee shall be excused from payment of rent for the period of such rebuilding. RI The agreements, conditions, covenants and terms herein contained shall in every case apply to, be binding upon and inure to the benefit of the respective parties hereto, their heirs, executors, administrators, successors and assigns, with the same force and effect, as if specifically mentioned in each instance where a party hereto is named. IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands to duplicate originals, the day and year first above written, after having first noted and approved all erasures, interlineations, insertions, strikeouts and strikeovers. LESSOR Margarito Gallegos -4- C. ATTEST: Bill G. Read, City Secretary CITY OF CORPUS CHRISTI APPROVED: S. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: HAROLD F. ZICK, DIRECTOR OF FINANCE FOR THE LESSEE: CITY OF CORPUS CHRISTI R. Marvin Townsend, City Manager For and in Behalf of the City • Corpus Christi, Texas jkday of 19�_ 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, ('2. MAYOR THE CITY OF CORPUS CHRISTI, T AS The Charter rule was suspended by the ollowing vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the ollowing vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample JL3720