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HomeMy WebLinkAbout19932 ORD - 08/18/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NUECES COUNTY MHMR FOR THE LEASE OF THE OLD AMERICAN LEGION BUILDING AT 1626 S. BROWNLEE. 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 the Nueces County MHMR for a five year lease of the Old American Legion building at 1626 S. Brownlee, 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." 06P.041.01 19932 MICROFILMED LEASE AGREEMENT THE STATE OF TEXAS 1 COUNTY OF NUECES 1 This Lease is executed by and among the City of Corpus Christi, Texas, a municipal corporation, Nueces County (hereinafter jointly referred to as "Lessors") and the Nueces County Mental Health and Mental Retardation Community Center (hereinafter "Lessee"), for the consideration and upon the agreements and premises hereinafter set forth: 1. For and in consideration of the rents to be paid by Lessee and the agreements herein set forth, Lessors hereby lease to Lessee, and Lessee hereby leases from Lessor, for the term hereinafter set forth the premises described as follows: Lots 44 and 45, Block 1003, Fitchue Place. Said property is currently referred to as "the Old American Legion Building" and bears the street address 1626 South Brownlee. 2. The Lease shall be for a term of five (5) years beginning June 3, , 1987, and ending at midnight on June 2, , 1992, subject however, to earlier termination as hereinafter provided. Lessee shall have the option to extend this Lease for an additional five (5) years under the same or similar conditions and agreements as herein provided. In order to exercise said option, Lessee must serve Lessors with written notice of its election to extend the term at least one hundred eighty (180) days prior to the expiration of this Lease. If Lessee remains in possession of the leased premises after the expiration of this Lease, it shall be deemed to be occupying said premises as a tenant at sufferance and any holding over shall constitute at Lessors' option, a month-to-month lease subject to all of the agreements, covenants and obligation of this Lease insofar as they are applicable to a month-to-month tenancy. 3. As rental for the leased premises, Lessee agrees to pay Lessors the total sum of Ten Dollars ($10.00) as rental for the full term, which rental shall be paid by Lessee to Lessors upon execution of this Lease. No part of the rental paid by Lessee shall be refunded in the event that this Lease is terminated prior to its full term. 4. Lessee shall, at its own cost and expense, make all necessary alterations and repairs to the interior and exterior of the building on the leased premises, and in this connection, alterations or changes of the interior or exterior shall be approved by Lessors in writing, and any materials or partitions removed shall be relinquished to Lessors unless reused on the premises by Lessee. Lessee shall at its own cost and expense keep in good repair and serviceable condition the air conditioning and heating equipment, plumbing system and electrical system appurtenant to such building. Lessee also covenants and agrees that it will at all times during the term of this Lease maintain and keep the interior and exterior of said building in good and substantial repair, order and condition. The Lessee shall, at the end or other termination of this Lease, deliver the demised premises in good order and condition, natural deterioration and damage by fire and the elements excepted. 5. The Lessee shall pay all utility bills, including gas, lights and water, incurred in the furnishing of utilities to the demised premises promptly as the same shall become due and payable. Lessee further covenants with Lessors to pay in full, before they become delinquent, all taxes and assessments whatsoever, which may be levied, assessed, charged or imposed upon the leased premises, or any part thereof, at any time during the life of this Lease. 6. The Lessee shall at all times during the life of this Lease procure and maintain in full force and effect policies of insurance, with Lessors named as additional insureds, in accordance with the following schedule: Fire and Extended Coverage insurance with policy limits adequate to cover the market value of the building on the leased premises. The market value figure used shall be determined annually by Lessee on each anniversary of this Lease subject to the concurrence of Lessors. General liability insurance with minimum policy limits of $300,000 per person, $300,000 per occurrence. The lessee shall indemnify and forever hold harmless Lessors from and against any and all liability caused or arising from the use or maintenance of the leased premises. 7. The Lessors and the Lessee each have the option of cancelling this Lease upon giving one hundred eighty (180) days notice to the other parties. For all purposes under this Lease, the notice address for each of the parties shall be as follows: City of Corpus Christi 302 S. Shoreline P. 0. Box 9277 Corpus christi, Texas 78408 County of Nueces Nueces County Courthouse Corpus Christi, Texas 78401 Nueces County Mental Health and Mental Retardation Community Center 1630 South Brownlee Corpus Christi, Texas 78404 In the case of any default in the covenants herein, Lessors may enforce the performance of this Lease in any mode provided by law, and this Lease may be forfeited at Lessors' discretion if such default continues for a period of thirty (30) days after Lessors notify Lessee of such default and Lessors' intention to declare the Lease forfeited. Unless Lessee shall have completely removed or cured such default, upon the expiration of said thirty (30) day period this Lease shall cease and terminate; and Lessors 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 breach of any covenant herein. 8. All alterations and additions affixed to such building by Lessee shall become property of Lessors at the end or earlier termination of this Lease. Executed this day of , 1987, in duplicate originals. ATTEST: CITY OF CORPUS CHRISTI By W. Thomas Utter Craig McDowell, City Manager Assistant City Manager COUNTY OF NUECES By Counyy Judge NUECES COUNTY MENTAL HEALTH and MENTAL RETARDATION COMMUNITY CENTER By (a,14L- L. Wallace E. Whitworth, Jr. Executive Director That the foregoing ordinance was read for the f'rst time and passed to its second reading on this the /4#- day of , 19 g7 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez That the foregoing ordinance was third reading on this the a ( day of following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong read for the That the fore oing this the l o .4 day Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez second time and passed to its Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong , 19 S'7, by the ordinxice was read for the third time and passed finally on ieoi,4 , 19Q1 , by the following vote: of Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the /gel day of , 19 0 , ATTEST: City Secretary AP R DED: �( DAY OF HAL GEORGE, CITY ATTORNEY By , in A tart City Attorney 99.044.01 THE CITY OF CORPUS CHRISTI, TEXAS 19932 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, to :' AD # 56347 County of Nueces. CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came IRIS YAP , who being first duly sworn, according to law, says that he is the 4COQUumQ... CLERK of the Corpus Christi Caller and The Corpus Christi Times, • j Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECUTION of which the annexed is a true copy, was published in CALLER TIMES PUBLISHING COMPANY on the3.9 GL]_ day of ,IUL,.X 19 87 and once each .slay...__ thereafter for £U1i: consecutive flag one Times. 32.20 S -a n n L, cs IRIS YAP Subscribed and sworn to before me this Z L ts....tiay of JULY 1� Public, Nueces County, EUGENIA S. CORTEZ 6.30.89 NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECU- TION OF A LEASE AGREEMENT WITH THE NU- ECES COUNTY MHMR FOR THE LEASE OF THE OLD AMERICAN .LEGION BUILDING AT/1628 S BROWNLEE FOR A TEAM OF FIVE YEARS BE- 41 .. 'v •� GINNING JUNE 3, 1887 AT A /8Pti RENTAL OF $1000 FOR -THE t:- FULL TERM FOR USE AS NU- _ y% ECES COUNTY MENTAL HEALTH AND MENTAL RE- c? . TARDATION ACTIVITIES,? Ltd Was passed and approved --yes f'-r% on first reading by the City Council of the City of Corpus , Christi, Texas on the 14th day of July. 1987 and the full text of said ordinance is available to the public In the Office of ;' the City Secretary. /s/ Armando Chapa City Secretary Corpus Christi, Texas PUBLISHER'S AFFIDAVIT STATE OF TEXAS, L. AD# 19879 County of Nueces. CITY OF C.C./CITY SECRETARY 1 a Before me, the undersigned, a Notary Public, this day personally came. iMURIEL LA RUE ., who being first duly sworn, according to law, says that he is the _.S,ENIOE...ACCIIUNTING_CLERL of the Corpus Christi Caller and The Corpus Christi TSmea, ^ i Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTIQE Q.E.M$SA.G]y__p. _ORDTN NCE. #199.32,.gayCET7TNG..THE.EXECUTIO14-.0fi -A--LEASE.-AGREEMENT-.WLTH of which the annexed is a true copy, was published in _CALLER -TIMES PUBLISHING COMPANY on the 23rd day of......._. AUGUST 19_ .Z.., and once each 11,1:._.._. ......thereafter for..._. one consecutive day _...._.one. Times. $31.05 MURIEL LA RUE Subscribed and sworn to before me this 75th .._.day_of _AUGUST otarytPublic, Nueces Conn EUGENIA S. CORTEZ 6-30-89 NOTICE OF PASSAGE OF 1y F ' ORDINANCE d 19932 t: _ . AUTHORIZING TME EXECU• TION OF A LEASE g T.1" AGREEMENT WITH THE NW TMeS LEEASSEE OFMTIE 01.0 AMERICAN LEGION WILDING AT 1629 S 6ROWNLEE FOR A TERM OF FIV[ YEARS 6E• GNNING JYNE 3, 111!1 AT A RENTAL OFS10.00FOR TME FLEES S TEAM FO V9 MENTA HEALTH AND MENTAL ME. t• TARDATI0N ACTIVITIES. .. , Was paced and slimed by the City Coin of tho City of Corpus Christi, Texas en - the 16tPt day of August. 1163 and tba full text N ald ardi• ram is available 16 11ro public In the Office of the City Secretary. Ch /s1 Annende aps City Secretary Corpus Christi, Teas STATE OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT AD #63580 CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came IRIS YAP , who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECUTION of which the annexed is a true copy, was published in _.... CALLER TIMES PUBLISHING COMPANY on the._2.6.thday of._...._.J.ULX 19..117 and once each day..._ thereafter for A.n.e ...— consecutive day one Times. x_ 32.20IRIS YAP Subscribed and sworn to before me this 28th of JULY 19 87 otary ublic, Nueces County, Texas EUGENIA S. CORTEZ 6.30.89 NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECU- TION OF . A t LEASE AGREEMENT WITH THE NU- ECES COUNTY MHMR FOR THE LEASE OF THE OLD AMERICAN LEGION BUILDING • AT 1626 S BROWNLEE FOR A TERM OF FIVE YEARS BE- RENTAL JUNE FOR THE 87 AT A 3 D-05 FULL TERM FOR USE AS NU- ECES COUNTY MENTAL HEALTH AND MENTAL RE- TARDATIONACTIVITIES. Was passed and approved on second reading by the City Council of the City of Corpus Christi, Texas on the 21st day , of July, 1987 and the full text 1 of said ordinance is available to the public in the Office of the City Secretary. • /s/ Armando Chapa City Secretary F Corpus Christi, Tetra.. C