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Home My WebLink About021226 ORD - 08/27/1991AN ORDINANCE AUTHORIZING THE EXECUTION OF A 5 -YEAR LEASE AGREEMENT WITH THE TRACT 16 NEIGHBORHOOD COUNCIL, INC. FOR LOT 7-D, W. K. BLAKE ADDITION, LOCATED AT 2835 BLAKE STREET; APPROVING THE RENTAL AMOUNT OF $1.00; AND PROVIDING FOR PUBLICATION. TEXAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute a 5 -year lease agreement with the Tract 16 Neighborhood Council, Inc. for Lot 7-D, W. K. Blake Addition, located at 2835 Blake Street, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AGS000 012.kp 021226 ',MOWED CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQUISITION DIVISION THE STATE OF TEXAS [] COUNTY OF NUECES [] LEASE AGREEMENT KNOW ALL BY THESE PRESENTS: THIS LEASE, made and entered into this 7th day of June , 1991, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation and body politic, hereinafter called "CITY" and the TRACT 16 NEIGHBORHOOD COUNCIL, INC., Corpus Christi, Texas, hereinafter referred to as "LESSEE", a nonprofit organization operating for the purpose of providing community services: W ITNESSET H: That the CITY, for and in consideration of the sum of One Dollar and no cents ($1.00), and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, does by these presents lease and demise unto the LESSEE, the following described piece or parcel of land, located in Nueces County, Texas, being more particularly described as follows, to -wit: W. K. Blake Subdivision, Lot 7D, being a replat of a portion of Lot 7, W. K. Blake Subdivision, as recorded in Volume 4, Page 35, Nueces County Map Records and as shown by map reference on attached "Exhibit A", together with any improvements hereon, collectively -called "Premises". The term of this Lease Agreement shall be for Five (5) years, beginning sixty (60) days after final approval by City Council and "Lease Agreement" Tract 16 Neighborhood Council, Inc. GEN\AGRBNT<>BLR82835.91 [ground lease] Page 1 of 7 ending Five (5) years from said date, subject, however, to the right of either party to cancel said Lease Agreement by giving Thirty (30) days written notice to the other party, and further subject to the following covenants and conditions: 1. The Lessee does, by these presents and entering upon the Premises, agree to maintain Premises during the term of this Lease Agreement in a clean and sanitary condition, and at the expiration thereof to return the Premises to the City in as good a condition as received, reasonable use, wear, acts of God, fire and flood, damage and destruction excepted. 2. The Lessee agrees not to sublet the leased Premises or any portion thereof without the prior written consent of the City. 3. The City shall have the right at any and all times of ingress, egress and regress on and over the Premises for the purpose of conducting and carrying on any business incident to other activities of the said City. 4. The Lessee agrees to pay for all utilities used on the Premises. 5. The Lessee does hereby agree to promptly execute and fulfill all federal, state and local laws, rules, regulations and ordinances and to execute and fulfill all ordinances, orders and requirements imposed by the Health, Sanitation, Fire and Police Departments, for the correction, prevention and abatement of nuisances and/or hazards in, upon or connected with the operation of the Lessee on the Premises at the Lessee's own expense. 6. The Lessee shall fully indemnify, save and hold harmless the City Corpus Christi, its officers, employees and "Lease Agreement" Tract 16 Neighborhood Council, Inc. GRN\AGRRMTc>RLAR2835.91 [ground lease] Page 2 of 7 agents [hereinafter called "Indemnitees"] against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this Lease Agreement, unless such injury, loss or damage shall be caused by the sole negligence of Indemnitees. The Lessee shall, at the Lessee's own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands and actions. 7. The Lessee shall not assign, mortgage, pledge or transfer this Lease Agreement or any improvements located on the Premises without the prior written consent of the City. In no event shall the City be liable for any contract made or entered into by Lessee with any other person, firm, corporation, association or governmental body. 8. It is agreed that the Lessee shall at the end of the term of this Lease Agreement, remove any and all improvements placed on the Premises by the Lessee. Lessee shall pay for all damage to Premises caused by removal of said improvements within sixty (60) days of removal of said improvements. Should the Lessee fail to remove said improvements within Sixty (60) days from the date of termination, the improvements shall become the property of the City with all the rights and privileges attached thereto. 9. All action by the City in connection with the performance "Lease agreement" Tract 16 Neighborhood council, Inc. GRNVAGRBMTc>BLRH2835.91 [ground lease] Page 3 of 7 of this Agreement, including notices to the City, shall be by and to the City Manager or a person designated by the City Manager. 10. It is understood that the City reserves the right to use or to sell or lease for a use different from the present use, all or any part of the Premises at any time during the term of this Lease. Should the City need the property, or should said Premises be sold or leased before the expiration date hereof and the purchaser or Lessee not be willing to take the same subject to this Lease and demands immediate possession, then the Lessee agrees to vacate and give possession at any time within thirty (30) days after receipt of notice to vacate. 11. The Lessee further agrees that in case of any default in any of the covenants and conditions of this Lease, the City may enforce the performance thereof in any modes or manner provided by law; and may declare the Lease forfeited at its discretion, and it, its agents, or attorney shall have the right, without further notice or demand, to re-enter and remove all persons 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 the City, its attorney or agents, may resume possession of the Premises and re -let the same for the remainder of the term of this Lease at the best rent they may obtain, for the account of the Lessee, who shall make good any deficiency; and the City (Lessor) shall have a lien as security for the rent aforesaid. 12. The City shall have the right at any and all times of ingress, egress and regress on and over said Premises for the purpose of conducting and carrying on any business incident to other activities of the said City. "Lease Agreement" Tract 16 Neighborhood Council, Inc. GRN\AGRBMrc>BLAS2835.91 [ground lease] Page 4 of 7 13. Any notice or other communication from either party to the other in regard to this Agreement shall be deemed sufficiently given if sent by certified mail, with postage and fees paid, addressed to the party intended, at the following address: IF TO LESSOR City of Corpus Christi P. 0. Box 9277 CITY HALL - 1201 Leopard Street Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION THIRD FLOOR [Sonny Garza] Corpus Christi, Texas 78469-9277 -*- I F TO LESSEE Tract 16 Neighborhood Council, Inc. 2835 Blake Street Corpus Christi, Texas 78405 14. Lessee shall provide the following insurance during the entire term of this Lease Agreement and any extensions or renewals thereof: 1. General liability insurance in the aggregate amount of: $300,000.00. 2. Hazard insurance in an amount of not less than 80% of full replacement value of the improvements. 3. Workers Compensation insurance in the amounts required by federal or state law. Lessee shall provide copies of all insurance policies upon City's written request. Lessee's insurers must give City thirty (30) days written notice, attention Director of Engineering, prior to cancellation, non renewal or material change of said policies "Lease Agreement" Tract 16 Neighborhood Council, Inc. GBNVAGRRNrc>BLAB2835.91 [ground lease] Page 5 of 7 15. In the event Lessee holds over after the end of this Lease Agreement, and any extensions or renewals thereof, Lessee shall be on a month-to-month lease pursuant to the same terms and provisions herein. 16. This Lease Agreement is made and accepted subject to all ad valorem taxes that may be levied and assessed on the herein described Premises during the term of this Lease Agreement, the payment of which is hereby assumed by the Lessee. 17. By the Lessee's execution thereof, the Lessee acknowledges that the Lessee has read this Agreement and understands that this Lease Agreement is not binding on the City until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. 18 SPECIAL PROVISIONS: A. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED BY THE CITY CHARTER SHALL BE PAID BY THE LESSEE. B. UPON EXPIRATION OF THIS LEASE, THE LESSEE WILL HAVE THE OPTION TO RENEW SUBJECT LEASE FOR ANOTHER FIVE YEAR TERM BASED ON MUTUAL AGREEMENT AS PERTAINS TO TERMS, CONDITIONS AND RENT. "Lease Agreement" Tract 16 Neighborhood Council, Inc. GBNVAGRRNTc>BLXR3835.91 (ground lease) Page 6 of 7 Witnessed the hands of the parties hereto, in triplicate, on this the day of , 1991. By: CITY OF CORPUS CHRISTI Juan Garza, City Manager LESSOR ATTEST: ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS /d DAY OF < i,�r , 1991. JAMES R. BRAY, JR., INTERIM CITY ATTORNEY Alison Gallaway/ Assistant City Attorney PLEASE READ THIS LEASE AGREEMENT BEFORE SIGNING! TRACT 16 NEIGHBORHOOD COUNCIL, INC. Harvey St"onum, Chairman LESSEE "Lease Agreement" Tract 16 Neighborhood council, Inc. GEB\AGREMPc>BLXE2835. 91 (ground lease) Page 7 of 7 That the foregoing ordinance was read for the first time and passed to its second reading is the ,:',4c3 day of <�, k 1 f , 197 / , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Alt Betty Jean Longoria L That the �foregoing or this the 31) day of Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik fiance was read for t second time and passed to its third reading on (1 l , 19ti , by the following vote: Edward A. Martin �}`-�— Joe McComb (:�/1}1� y Dr. David McNichols fiy(, Clif Moss aLlif fit Mary Pat Slavik That th oregoing ordinance was read for the third time and passed finally on this the c-,--1 day of } tifit , 19 C ( , by the following vote: Mary Rhodes Cezar Galindo �T��,,i Leo Guerrero ( tel. �/1-14_L___ / Betty Jean Longoria t,[j - __ PASSED AND APPROVED, this the /77 ATTEST: City Secretary gAK Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik day of but C`� �� , \� d res. MAYOR THE CITY APPROVED: 3 DAY OF y 1 , 19_1: JAMES R. BRAY, JR., CITY ATTORNEY B}L__ / 4 l slag Wit Assistant City Attorney 044 021226 CORPUS CHRISTI PUBLISHER'S AFFIDAVIT State of Texas, County of Nueces ) ss: CITY OF CORPUS CHRISTI Ad #52585 PO # Before me, the undersigned, a Notary Public, this day personally came Kerri Lesmeister, who being first duly sworn, according to law, says that she is a Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 28th day of July 1991. One Time(s) $ 29.70 . �.1 z 1. LJP:itit' tel, Business Office Secretary Subscribed and sworn to before me this 30th day of July , 1991. 09 Q \, Notary Public, Nueces County, Texas My commission expires on ( _! i :ssAGE I O` G AUTHOR2IH _ D R XLEEp�SE 1 T10N EOFMENT6 WITH THE Rt TR T 16 NEFH O OOO! COUNCIL, INC• W.K. BLAKE Zq rogLAKE to STREET: AP'I� SLOE • n RENTAL AND pLOVI NG FOR puBLI- OtOt CAT «I N. &AMCe Rrot rwas psedl•ed pythe CItV COUfl it 0f tM City of CofPY3 Christi, TeX�� tM 23rd dse, Arms chaps City secretory City of Corpus nary, endqo f0 Alp AlglaaeS Apo ede140 opuQUUV Jo 1981 lenBnv Jo ARP LoLZ 9' ENO uo 'emu 'ps1Al0 andjo0 1' Jo APO eel lo gouno0 Jt Au0 041 Aq Bulpeaj -� perp uo penadde pug A peseed sem saueugno 041 .. 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