The URL can be used to link to this page

Home My WebLink About18958 ORD - 08/06/1985M AN ORDINANCE AUTHORIZING THE EXECUTION OF A ONE-YEAR LEASE AGREEMENT WITH MR. WILLIAM J. KABBOORD FOR THE RENTAL OF A 7.245 ACRE TRACT OF LAND BEING USED BY THE CITY AS THE AYERS STREET ABANDONED CAR POUND LOCATED AT THE 5500 BLOCK OF AYERS AND GIBBS STREETS AT A RENTAL OF $1,500 PER MONTH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a lease agreement with Mr. William J. Kabboord for the rental of a 7.245 acre tract of land being used by the City as the Ayers Street Abandoned Car Pound located at the 5500 block of Ayers and Gibbs Streets at a rental of $1,500 per month, 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 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by granting the aforesaid lease agreement, 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 measure this the 6th day of August, 1985. ATTEST: City Secretary V MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVEDDAY OF AUGUST, 1985 42.080.04 189a MICROFILMED LEASE AGREEMENT TUE STATE OF TEXAS 1 COUNTY OF NUECES 1 M 46,17#88. q This lease is made and executed in duplicate by and between William J. Kabboord of 1109 Santa Fe. Corpus Christi, Texas, 78404, herein called Lessor, and the City of Corpus Christi. Texas, herein called Lessee. 1. DESCRIPTION OF PREMISES Lessor leases to Lessee, and Lessee hires from Lessor, as herein provided, all that certain real estate situated in Corpus Christi', Nueces County, Texas, and described more particularly in Exhibit "A" attached hereto and made a part hereof for all purposes. 2. TERM The term of this lease is for 12 months, beginning on August 1, 1985 and ending on July 31, 1986. 3. PAYMENT OF RENT Lessee agrees to pay Lessor monthly rental of Fifteen Hundred dollars and no cents ($1,500.00) payable in advance on the first day of each month hereafter during the remaining term of the lease payable to Lessor at 1109 Santa Fe, Corpus Christi, Texas 78404, Nuecee County, Texas. 4. USE OF PREMISES, GENERALLY The premises are leased to be used by Lessee as an abandoned car pound. Lessee agrees to restrict their use to such purpose and any auctioning of vehicles related to such purpose, and not to use or permit the use of the premises for any other purpose without first obtaining the consent in writing of Lessor. 5. NO WASTE. NUISANCE OR UNLAWFUL USE Lessee shall not commit, or allow to be committed, any waste on the premises, create or allow any nuisance to exist on the premises, or use or allow the premises to be used for any unlawful purpose. Ayers St Car Pound (2401 Gibbs) Page 1 of 5 6. LESSEE'S ASSIGNMENT, SUBLEASE 0R LICENSE FOR OCCUPATION BY OTHER PERSONS Leasee agrees not to assign or sublease the premises leased, any part thereof, or any right or privilege connected therewith, or to al- low any other person, except Lessee's agents and employees, to occupy the premises or any part thereof, without first obtaining Lessor'° written consent. One consent by Lessor shall not be a consent to a subsequent assignment, sublease, or occupation by other persons. Lessee's unauthorized assignment, sublease or license to occupy shall be void, and shall terminate the lease at Lessor's optima. Lessee's interest in this lease is not assignable by operation of law, nor is any aastg,ment of his interest hereto without Lessor's written can - seat. 7. PAYMENT OF UTILITIES Lessee shall pay for all utilities furnished the premises for the term of this lease, including electricity, gas, water, and telephone service. S. SURRENDER OF PREMISES Upon termination of this lease, including termination for failure to pay rent as provided above. Lessee shall deliver peaceably to Lessor the said premises and every part thereof. Lessee further agrees upon termination hereof for any reason to remove all business signs or symbols placed on the premises and all salvage material and all per- sonalty now or hereafter placed upon said premises, and to restore the portion of the premises on which they were placed to the same condition as before their placement. Should Leasee fail in this re- gard to cause all of said salvage material and personalty to be re- moved from the premises within fifteen (15) days after termination hereof, Lessor may at his option dispose of same and restore the pre- mises at Lessee's expense. 9. LESSEE TO BOLD LESSOR HARMLESS Lessee agrees to indemnify and hold Lessor harmless from any and all claim° or causes of action of third parties arising out of Lessee's operations of and an the leased premises. "Lease Agreement" Ayers St Car Pound (2401 Gibbs) 2 10. BREACH BY LESSEE If Lessee shall default in the payment of an installment of the rent or any other sum provided under this lease as the sum becomes due and payable. then, at Lessor's option. this lease shall become null and void. If Lessee shall default in the payment of an installment of rent or any other sum provided under this lease as the sum becomes due and payable. or shall neglect or fail to perform, keep and observe any of the covenants contained in this lease which on Lessee's part are to be performed, Lessor lawfully may immediately or at any time thereafter, and while such default and neglect continues, and without further no- tice or demand, enter into and upon said permisea or any part thereof and expel Leasee and remove Lessee's effects without prejudice to any remedies which might otherwise be used for possession or arrears of rent, and that upon entry as aforesaid, the rights of this Lessee in this lease shall Geese and terminate. 11. LESSEE TO PAY LESSOR'S ATTORNEYS' FEES I£ Lessor files an action to enforce any covenant of this lease, or for breach of any dovenant herein, Lessee agrees to pay Lessor reasonable attorneys' fees for the services of Lessor's attorney in the action, such fees to be fixed by the Court. 12. EFFECT OF LESSOR'S WAIVER Lessor's waiver of breach of one covenant or condition of this lease is not a waiver of breach of others, or of subsequent breach of the one waived. Lessor's acceptance of rent installments after breach is not a waiver of the breach, except of breach of the covenant to pay the rent installment or installments accepted. 13. TIME OF THE ESSENCE Time is of the essence of this lease. 14. EMINENT DOMAIN In the event that any of the above described premises shall be taken in any proceeding in Eminent Domain, the Lessor shall be entitled to all proceeds therefrom and in the event that such taking is to the extent that it renders said premises unsuitable for Lessee's use, this lease shall immediately terminate. ''Lease Agreement" Ayers St Car Pound (2401 Gibbs) 3 15. EXECUTION IN DUPLICATE This Lease Agreement shall be executed in duplicate, either of which shall be deemed to constitute an original for all purposes. EXECUTED this DAY OF , 1985 CITY OF CORPUS CHRISTI, TERAS ATTEST: By: Edward A. Martin, City Manager LESSEE APPROVED: DAY OF City Secretary J. BRUCE AYCOCK. CITY ATTORNEY By: , 198 . Assistant City Attorney APPROVED! James K. Lentos, P.E. Assistant City Manager "Lease Agreement" Ayers St Car Pound (2401 Gibbs) William J. Rabboord LESSOR 4 �o TFC 19“ .4.46 reoTG3 ,5,,'7/0.5<r s. F. To TFL Acr EFGE 7. zY.S:'Ae.ee.r "Leese Agreement" Ayers St Cat Pound (2401.GSbbe) Page 5 of 5 Corpus Christi, Texas (@ day of 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, Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed bye he following vote: Luther Jones A Dr. Jack Best David Berlanga, Sr. �i n Leo Guerrero wig A, Q Joe McComb -1 L Frank Mendez Bill Pruet l� Mary Pat Slavik 1 Linda Strong t ifi9`8