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Home My WebLink About021430 ORD - 07/14/1992AN ORDINANCE AUTHORIZING THE RENEWAL OF A FIVE YEAR LEASE AGREEMENT, EFFECTIVE SIXTY (60) DAYS AFTER FINAL COUNCIL APPROVAL, WITH NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION FOR THE "OLD AMERICAN LEGION BUILDING" LOCATED AT 1626 SOUTH BROWNLEE, LOTS 44 AND 45, BLOCK 1003, FITCHUE PLACE, AND APPROVAL OF A RENTAL FEE OF $10.00. 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 the renewal of a five year lease agreement effective sixty (60) days after final Council approval, with Nueces County Mental Health and Mental Retardation for the "Old American Legion Building" located at 1626 South Brownlee, Lots 44 and 45, Block 1003, Fitchue Place, and approval of a rental fee of $10.00, a copy of which is attached hereto and made a part hereof for all purposes as Exhibit A. SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. AG5000.176.ajr 021430 MICROFILMED CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services PROPERTY MANAGEMENT LEASE AGREEMENT THE STATE OF TEXAS { } COUNTY OF NUECES { } KNOW ALL BY THESE PRESENTS: 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 Meatal 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. ("Premises") 2. The Lease shall be for a term of five (5) years beginning 60 days after final Council approval, 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 i � b : l /2 expiration of this Lease. If Lessee remains in possession of the 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 Lessor's 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 Premises, and in this connection, alterations or changes of the interior or exterior shall be approved by the City Manager or his designee 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 be 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 Premises in good order and condition, natural deterioration and damage by the elements excepted. 5. The Lessee shall pay all utility bills, including gas, lights and water, incurred in the furnishing of utilities to the 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 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 insured, 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 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78408 Attn: Mark Simon Property Manager County of Nueces Nueces County Courthouse Corpus Christi, Texas 78401 Attn: Robert N. Barnes County Judge Nueces County Mental Health and Mental Retardation Community Center 1630 South Brownlee Corpus Christi, Texas 78404 Attn: Wallace E. Whitworth, Jr. Executive Director 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 expiraton 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 said Premises 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. 9. This lease is made and accepted subject to all ad valorem taxes that may be levied and assessed on the Premises during the term of this Lease, the payment of which is hereby assumed by Lessee. Executed this day of , 19 , in triplicate originals. r CITY OF CORPUS CHRISTI, TEXAS By: Juan Garza, City Manager LESSOR ATTEST: ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS 1 DAY OF 1992 By : ‘ y4 kakhack l Alison Ga laway b Assistant City Attorney COUNTY OF NUECES By: Robe N. Barnes Coun y Judge NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY CENTER By L1141 1- /i . Wallace E. Whitworth, Jr. Executive Director 4'1,471 , , 19 \ /8 17 — • 15 c‘i —0 O� , titfr -•;,/ 2'ke cargifipaiX1,4* e Claris PaisanoGirl Scouts 1Nueces Co. MHMR Diocese of Corpt Christi. \ '7 \ 4 \ 15 e foregoing ordinance was read for the first time and passed to its second reading on _ day of 1YI�C_ , 19(o , by the following vote: Mary Rhodes Edward A. Martin Cezar Galindo i utl Joe McComb Leo Guerrero �,Lr,, ± Dr. David McNichols /I Betty Jean Longoria I,i,I-i 2 Clif Moss Mary Pat Slavik That the this the foregoing ordinance was read for the second time and passed to its third reading on {d day of , 19 j • Z , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria 11 Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik That the foregoing ordinance was read for the third time and passed day of�,Eyti_ , 19 1 Z, by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik PASSED AND APPROVED, this the R/ day of City Secretary „,-7> (id( finally on this the /</ i THE CITY OF CORPUS CHRISTI APPROVED: - DAY OF ,{tii,A , 199a : JAMES R. BRAY, JR., CITY ATTORNEY By -)[;j2 k 044 l,UIL , Assistant City Attorney 021430 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad #52160 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, 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 NO. 021430 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 19th day of July, 1992. One Time(s) $46.40 J , 24 .1 Business Office cretary Subscribed and sworn to before me this 31st day of July 1992. Qib(0 U acuPreai Notary Public, Nueces County, Texas NOTICE OF PASSAGE OF ORDINANCE NO. 021430 AUTHORIZWG THE RENEW- AL OF A FIV.. YEAR LEASE AGREEMENT, EFFECTIVE SIXTY (60) DAYS AFTER FI- NAL COUNCIL APPROVAL, WITH NUECES COUNTY MENTAL HEALTH AND MEN- TAL RETARDATION FOR THE "OLD AMERICAN LEGION BUILDING" LOCATED AT 1626 SOUTH BROWNLEE, LOTS 44 AND 45, BLOCK 1003, FITCHUE PLACE, AND APPROVAL OF A RENTAL FEE OF $10.00, term of the lease agreement shall be for ten years end rent for the property will be a one time fee of $10.00. A copy of the lease is on file in the City Secretary's office. The ordinance was passed and approved on third reading by the City Council of the City of Corpus Christi, Texas on the 14th day of July, 1992. /s/ Armando Chapa City Secretary • City of Cagan Christi PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad #78856 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, 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 THE RENEWAL OF A FIVE YEAR LEASE AGREEMENT which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 14th day of June, 1992. One Time(s) $ 46.40 Business Office Secretary) Subscribed and sworn to before me this 1st day of July, 1992. Notary Public, Nueces County, Texas My commission expires on 11-30-92. DEBR0ir_. State d Comm. Ex:. I. ttTICE OF PA�A� OF IN- & i MANCE ON f'f READING N, AUTHORIZING THE RENEW- cc AL OF A AVE 'NEAR LEASE to AGREEMENT,-`- EFFECTIVE C. ; SIXTY (60 DAYS AFTER FI- i NAL COUNCIL APPROVAL, pi WITH NUECES COUNTY uI MENTAL HEALTH AND MEN- c, TAL RETARDATION FOR THE tt "OLD AMERICAN LEGION c r BUILDING LOCATED AT c 11628 SOUTH BROWNLEE, a LOTS 44 AND 45, BLOCK 1003, FITCHUE PLACE, AND < r APPROVAL OF A RENTAL r FEE OF $10.00, term of the lease agreement shall be for , ; ten years and rent for the ;. property will be one time fee of $10.00. A copy of the base is on Ne in the City: Secretary's office. The ordinance was passed and approved on fastreading by the City Council ef'the City t of Corpus Christi, .Texas on L the -9th day of Jure; :1892. ,1 /a/ Armando Chaps.. City Secretary CNN cep? Christi PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF COPRUS CHRISTI County of Nueces } ss: Ad #72697 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, 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 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 21st day of June, 1992. One Time(s) J __ <a='C 7t/�'/itfd (Business Office Secre ry $ 49.30 NOTICE OF PASSAGE OF Q� Subscribed and sworn to before me this 8th day of AUTHOON RI RZIN06TIAHE RENEW- AL OF A FIVE YEAR LEASE AGREEMENT, EFFECTIVE SIXTY 160) DAYS AFTER FI- NAL COUNCIL APPROVAL, WITH NUECES COUNTY MENTAL HEALTH AND MEN- TAL RETARDATION FOR THE OLD AMERICAN LEGION BUILDING' LOCATED AT 1626 SOUTH BROWNLEE, LOTS 44 AND 45, BLOCK 1003, FITCHUE PLACE, AND APPROVAL OF A RENTAL FEE OF 510.00, twit of the INse agreenient shall be for ten years and rent for the property will be a. one time 'Rs; DEERA l,,! rm ; fee of S10,Q0. Notary Stat 3s t , - A copy;Df the lease of is on file ffi the City � My f' �� rn i r _¢ Secretary's office. The ordinance was passed and approved on second reading by. the City Council of the City of Corpus Christi, Texas on the 16th day of June, 1992. * /s/ ArmsChapa City Secretary City of Corpus Christi July, 1992. Notary Public, Nueces County, Texas My commission expires on 4-24-93 . h 9.q i