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HomeMy WebLinkAbout14301 ORD - 05/10/1978JKH:hb:5 /8/78 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 12 -MONTH SUBLEASE WITH U.S. LIFE CREDIT CORPORATION FOR THE USE OF 1,710 SQ. FT. OF OFFICE SPACE AT 511 LAWRENCE STREET BY THE TAX OFFICE OF THE CITY OF CORPUS CHRISTI, AT A MONTHLY RENTAL OF $450 PER MONTH, NOT INCLUDING UTILITIES, A SUBSTANTIAL COPY OF SAID'SUBLEASE BEING ATTACHED HERETO, 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 12 -month sublease agreement with U. S. Life Credit Corporation, for the use of 1,710 sq. ft. of office space at 511 Lawrence Street, by the Tax Office of the City of Corpus Christi, at a monthly rental of $450 per month, not including utilities, all as more fully set forth in the sublease agreement, a substantial copy of which is attached hereto, made a part hereof, marked Exhibit "A ". SECTION 2. That the necessity to authorize execution of a sub- lease for additional office space as hereinabove described creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the day of May, 1978. ATTEST: City Secretary MAYOR THE C14 OF CORP S CHRISTI, TEXAS APPROVED: DAY OF MAY, 1978: J. BRUCE AY1COCK, CITY ATTORNEY By Assistant Attorney 14301 C �F��MED g� 6) laga S U B - L E A S E A. THIS LEASE AGREEMENT MADE between City of Corpus Christi hereinafter known as ,Lessee, and USLIFE Credit Corporation, a Delaware corporation, hereinafter known as Lessor, B. WITNESSETH TEAT: Lessor does hereby lease and let unto Lessee all that certain Location described as a portion of the A.M. Katz Building, In the City of Corpus Christi, known as 511 Lawrence Street, on the street floor containing approximately 1710 square feet, 36' x 47.5', adjoining the entrance on the west side of said building, in-the City of Corpus Christi, State of Texas to be used or occupied only for general office purposes for a term of one (1) year, beginning on the fifteenth day of April, 1978. Lessee, at its option, may renew the lease on a monthly term providing a 30 -day notice of intent to terminate the monthly tenancy is•given by either partner. For a total rental of $450.00 month, lawful money of the United States of America, payable as follows: $450.00 per month payable on or before the fifteenth day of April, and a like amount on the same date of each month thereafter during the term of this Lease, said rental payable to U S Life Credit Corporation, 1027 East State parkway, Schaumburg, Illinois, 60105. Attention: William Naughton or to such other person as Lessor may from time to time designate by notice in writing. C. This lease is granted and accepted upon the foregoing and upon the following covenants and conditions and subject to the following restric- tions, to all and every one of which the parties consent; and'each of the parties hereby expressly covenants and agrees to keep, perform and observe all the terms, covenants and conditions herein contained on their or its part to be kept, performed and observed: FIRST: The Lessee shall well and truly pay to the Lessor the rental herein reserved; without demand therefor, on the days and in the manner herein prescribed for the payment thereof. SECOND: Lessee agrees to pay utilities and /or services as follows: ALL and Lessor agrees to pay utilities and /or services as follows: NONE THIRD: Leesee agrees to be responsible for and to relieve and hereby relieves Lessor from all liability by reason of any damage or injury to any person or thing which may arise from or be due to the use of the demised premises, and agrees to keep in force such insurance, in limits acceptable to Lessor, as covers such contingencies. Lessee agrees to be responsible for plate glass, if any existing in the premises. Lessor shall carry.fire insurance coverage with loss payable to Lessor and Lessee as their interests may appear. VJZ FOURTH: Lessee agrees to keep the premises clean and in good order; to keep, at its own expense, the inside of same in as good repair as they are now, reasonable wear and tear, and damage by fire and /or other casualty excepted; not to use the premises for any illegal or immoral purpose and to abide by such reasonable rules and regulations as Lessor may from time to time promulgate to the tenants in writing. The Lessor shall, at Lessor's expense, maintain air conditioning and heating units, keep the roof and the outside walls of the building containing the demised premises in good condition and repair and shall make all structural repairs. FIFTH: The Lessee, at any time during the term, shall permit inspection of the demised premises during reasonable hours by the Lessor or the Lessor's agents or representatives, and by or on behalf of prospective purchasers, and during the two (2) months next preceding the expiration of this lease, or any renewal thereof, shall permit inspection thereof by and on behalf of the prospective tenants. The Lessee shall permit, during the two (2) months next preceding the expiration of this lease, or any renewal thereof, a sign of notice indicating that the premises are to let or for sale to be posted and remain upon the demised premises. SIXTH: On the last day of the term herein demised, or in the event that Lessee has failed to correct within fifteen (15) days after registered written notice to the Lease & License Department, USLIFE Credit Corporation, 1027 East State Parkway, Schaumburg, Illinois 60195, any breach of the covenants found herein, Lessee shall,peaceably and quietly leave, surrender and yield up unto the Lessor all and singular the demised premises but, if this lease is terminated because the Lessee has so breached the covenants found herein, or has abandoned the premises. Lessor may immediately, or any time thereafter, re -enter and resume possession of said premises by a suitable action or proceeding at law or equity, or by force, or otherwise, without being liable for any damages therefore; and Lessor shall be entitled to recover from Lessee and the Lessee shall pay to the Lessor an amount equal to the amount of all rent reserved and unpaid under-this lease, less the net rent collected by the Lessor on reletting the demised premises, said amount which shall be due and payable by the Lessee on the several days on which the rent reserved in this lease would have become due and payable; that is to say, upon each of such days, the Lessee shall pay to the Lessor the amount of deficiency then existing. SEVENTH: In the event the demised premises are totally destroyed by fire, enemy action or other casualty, this lease shall absolutely cease and terminate, and the rent shall abate for the balance of the term, except that Lessee may have the first right of refusal to said premises if Lessor elects to restore same during the term of this lease or any renewal thereof; if the damage caused as above be only partial, the rent shall be abated to an extent corresponding with the damage until repaired. All repairs shall be made with reasonable dispatch and at such times as not to create unwarranted interference with Lessee's business. Lessee shall not be liable to Lessor for any damage to the premises within the coverage of the standard fire insurance policy in use in the geographical area where the premises is located, whether or not loss covered thereby is due to fault of Lessee. EIGHTH: Lessee may make such repairs and alterations and decorations in and to the leased premises, and the building thereon as it may deem desirable for its use thereof, provided that if such repairs and alterations substantially alter the basic structure of the building, or adversely affect the soundness thereof or value thereof, the prior written consent of Lessor shall be obtained before such work is commenced; upon termination of this lease, or any renewal thereof, Lessee may, at its own expense, remove its furniture, fixtures, partitions and other such items as it has installed during the term of this lease, or any renewal thereof, provided, however, that Lessee shall repair any damage caused by such removal. NINTH: Lessee may place such signs upon the outside walls or within the premises as it deems necessary, provided that any and all signs placed on the within leased premises by Lessee shall be maintained in compliance with rules and regulations governing such signs and Lessee shall be responsible to Lessor for such damage caused by installation, use or maintenance of said signs, and Lessee agrees upon removal of said signs to repair all damage incident to such removal. TENTH: Lessee may not assign this lease, or underlet or sublease the demised premises without written consent by the Lessor, except that Lessee, its successors or assigns, without the consent of Lessor may assign this lease or sublet the whole or any part of the demised premises to its Parent, USLIFE Corporation, a New York Corporation, or any of the Parent's subsidiaries, for the purpose of using the premises as provided for herein, and in no event shall Lessor unreasonably withhold the consent of assignment or subletting. ELEVENTH: If and so long as the Lessee pays the rent reserved by this lease, and performs and observes all of the covenants and provisions hereof, the Lessee shall quietly enjoy the demised premises, subject, however, to the terms of this lease. Lessor warrants that there does not exist, as of the date hereof, any zoning restriction prohibiting the use of the demised premises as herein provided for. TWELFTH: This instrument contains all of the agreements and conditions made between the parties hereto and may not be modified orally or in any manner, than by an agreement in writing signed by all the parties hereto, or their respective successors in interest. WITNESS OUR HANDS in duplicate originals at Corpus Christi, Texas, this the day of , 1978. ATTEST: City Secretary APPROVED: DAY OF , 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance ATTEST: CITY OF CORPUS CHRISTI By: R. Marvin Townsend, City Manager By: By: LESSEE U. S. LIFE CREDIT CORPORATION LESSOR Corpus Christi, Texas /day of AiA4 '1971 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is,introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MA OR / THE CITY OF PU CO RISTI, TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14301