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HomeMy WebLinkAbout15674 ORD - 08/06/1980• vp:8/5/80:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREE- MENT WITH THE TEMET CORPORATION FOR 6,806 SQUARE FEET OF OFFICE SPACE LOCATED IN THE NUECES BUILDING, 317 PEOPLES STREET, CORPUS CHRISTI, TEXAS AT $4,764.20 PER MONTH FOR 12 MONTHS COMMENCING OCTOBER 1, 1980 TO HOUSE THE CITY'S CETA/EOPP ADMINISTRATION OFFICES, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT 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, TEXAS: • SECTION 1. That the City Manager be authorized to execute a lease agreement with the Temet Corporation for 6,806 square feet of office space located in the Nueces Building, 317 Peoples Street, Corpus Christi, Texas at $4,764.20 per month for 12 months commencing October 1, 1980, to house the City's CETA/EOPP Administration offices, all 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. SECTION 2. The necessity to authorize execution of the aforesaid agreement at the earliest practicable date 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 intro- duction 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 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 u(q-i`' day of August, 1980. ATTEST: APPRWED: C`f/ DAY OF AUGUST, 1980: J. BRUCE AYCOCK, CITY ATTORNEY 15674 t5 or TH CITY OF CORPUS CHRISTI, TEXAS MICROSIILKEEt. AUG 2 91980 • )'/' AGREEMENT The State of Texas County of Nueces This Agreement ofLeaseis made by and between Leslie Simon, doing business as Temet Corporation, hereinafter called "Lessor", and the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "Lessee": WITNESSETH: That said Lessor does by these presents lease and demise unto said Lessee the following described property lying and being situated in the City of Corpus Christi, Nueces County, Texas to -wit:. All of the third floor containing 4,608 square feet and 2,198 square feet (rooms 201, 208, 210, 212, and 215), on the second floor for a total of 6,806 square feet of the Nueces Building, 317 Peoples Street, and being further described as a portion of Lot 7, Block 4, Beach Addition, Corpus Christi, Nueces County, Texas, for a term of twelve (12) months, comencing October 1, 1980 and terminating September 30, 1981. 1. The Lessee shall pay as rent the sum of four thousand seven hundred and sixty-four dollars and twenty cents ($4,764.20) per month, which monthly rent shall become due and payable in advance. All rentals becoming due hereunder shall be paid to Lessor at P.O. Box 230, Corpus ChPisti, Texas 78403. 2. The Lessor agrees to furnish at its own expense, the following: a) General electrical service. b) Central heat and air conditioning, including restrooms. c) All normal utilities. d) Janitorial service including cleaning restrooms daily and cleaning all office floors, passageways, and stairs. . • • 3. Lessee shall, at the end or other termination of this Lease, deliver up the demised premises or portion thereof, as termination occurs under the provisions of this lease, in good order and condition, natural deterioration and damage by fire and elements excepted. 4. Lessee shall, in case of damage by fire or other hazards included li 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 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 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. 5. 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. 6. 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 Lessor or attorney can obtain, for account of the Lessee who shall make good any deficiency. a� • 7. All notices to be given under the priovisions of this lease shall be mailed to Lessee addressed to the demised premises, and to Lessor addressed to: Temet Corporation P. 0. Box 230 Corpus Christi, Texas 78403 8. 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 Lessee. 9. Notwithstanding anything -else herein contained to the contrary. City may cancel this lease should funding by the Department of Labor for the CETA/EOPP Administration Program cease to be available during the term °of this lease. No penalty shall be attached in the event of any such non- availability of federal funds and the City shall give the Lessor thirty (30) days advance notice before cancellation of this lease and the City shall not be obligated to make any rental or other payments beyond the end of the thirty (30) days notice. EXECUTED INDUPLICATE, THIS THE TH DAY OF , 1980. CITY OF CORPUS CHRISTI, TEMET CORPORATION, LESSEE LESSOR BY BY R. MARVIN TOWNSEND, CITY MANAGER LESLIE SIMON, PRESIDENT ATTEST: CITY SECRETARY APPR VED: DAY OF AUGUST, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By • Assist ty ttorney (� ATTORNEY, LESSOR • Corpus Christi, Texas (00— day or_j TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas ,19go 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. The Charter rule Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, MAYO •1/ THE TY OF CORPUS CHRISTI, TEXAS was suspended by the following vote: The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15674