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HomeMy WebLinkAbout16552 ORD - 09/23/1981sp;9/22/81;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREE- MENT WITH THE TEMET CORPORATION FOR 2,937 SQUARE FEET OF OFFICE SPACE LOCATED IN THE NUECES BUILDING, 317 PEOPLES STREET, CORPUS CHRISTI, TEXAS, AT $2,202.75 PER MONTH FOR TWELVE MONTHS COMMENCING OCTOBER 1, 1981, TO HOUSE THE CITY'S CETA ADMINISTRATION OFFICE AND THE EMPLOYMENT OPPORTUNITIES PILOT PROGRAM CLOSEOUT OPERA- TION, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH AGREEMENT 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 and he is hereby authorized to execute a lease agreement with the Temet Corporation for 2,937 square feet of office space located in the Nueces Building, 317 Peoples Street, Corpus Christi, Texas, at $2,202.75 per month for twelve months commencing October 1, 1981, to house the City's CETA Administration office and the Employment Opportunities Pilot Program closeout operation, all as more fully described in the lease agreement, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of housing the City's CETA Administration office for a twelve month period, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this 23 day of September, 1981. ATTEST: fit Secretary AP V�Ef�. r�'NAY OF SEPTEMBER, 1981 J Bruce Aycock, Cit j Attorney 16552 THE CITY OF CORPUS CHRISTI, TEXAS SEP 271994 MICROFILMEO t 'AGREEMENT The State of Texas County of Nueces This Agreement of Lease is 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:- The o-wit:The third floor, 2937 square feet (rooms 301, 302, 303, 304, 305, 306, 307, 314, 315, 317, 318, and 319) 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, commencing October_l, 1981 and terminating September 30, 1982. 1. The Lessee shall pay as rent the sum of two thousand two hundred and two dollars and seventy five cents ($2,202.75) per month, which monthly rent shall become due and payable in advance. 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 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. 7. All notices and rentals to be given under the provisions of this lease shall be mailed to Lessee addressed to the demised premises, and to Lessor addressed to: Temet Corporation P.O. Box 23.0 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 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 no- tice 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 IN DUPLICATE, THIS THE TH DAY OF 1981. CITY OF CORPUS CHRISTI, TENET CORPORATION, LESSEE LESSOR BY— BY R. MARVIN TOWNSEND, CITY MANAGER LESLIE SIMON, PRESIDENT ATTEST; CITY SECRETARY APPROVED: 3rd -WDAY OF _ G r, 1981: J. BRUCE AYCOCK, CITY ATTORNEY B APPROVED: CITY ATTORN e�partm ni Head ATTORNEY, LESSOR Corpus Christi, Te ..s 23,1 day of , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it iS introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYO Counci em ers THE C TY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16552