HomeMy WebLinkAbout14652 ORD - 12/13/1978JKH:11- 17- 78;lst
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH THE OWNERS OF THE JONES BUILDING,
ACTING BY AND THROUGH THEIR DULY AUTHORIZED AGENT,
CARL FRASIER, FOR THE LEASING OF PORTIONS OF THE
JONES BUILDING AND 30 PARKING SPACES FOR A TERM OF
EIGHTEEN (18) MONTHS AND PROVIDING FOR A SIX - MONTHS
HOLDOVER PERIOD, 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 "; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to execute a lease agreement with the owners of the Jones Building, acting
by and through their duly authorized agent, Carl Frasier, for the leasing by
the City of portions of the Jones Building and 30 parking spaces, for
a term of eighteen (18) months and providing for a six - months holdover
period, said lease to commence on November 1, 1978, all as more fully set
forth in the lease agreement, a substantial copy of which is attached
hereto and made a part hereof.
SECTION 2. The necessity to authorize execution of the lease
agreement aforesaid at the earliest practicable date 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 be passed finally
on the date of its introduction and take effect and be in full force and
effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the
day of November, 1978. Q
ATTEST: �l _
APPROVED:
7/ DAY OF NOVEMBER, 1978:
J. BRUC AYCOCK, CITY ATTORNEY
By
Assistant C ttorney
14 (352
iut 0 8 19B
THE STATE OF TEXAS
COUNTY OF NUECES
This agreement of lease is made and entered into, and effec-
tive the 1st day of November, 1978, regardless of when actually executed
by the parties hereto, by and between Kathleen Jones Alexander; W. W. Jones,
II; Lorine Eshleman Vogt; and Florence S. King and Corpus Christi National
Bank, Independent Co- executors of the Estate of Benjamin Eshleman, Jr., De-
ceased, doing business as Jones Properties and owners of the W. W. Jones
Building, by and through their duly authorized agent, Carl Frasier; hereinafter
collectively called "Lessor ", and the City of Corpus Christi, Texas, a munici-
pal corporation, hereinafter called "City ";
WITNESSETH:
The said Lessor does by these presents lease and demise unto
the City the following described property lying and being situated in the
City of Corpus Christi, Nueces County, Texas, to wit:
a) 4,932 sq. ft, on the eighth floor and rooms 711,
712, 713, 714 and 715, containing 627 sq. ft. to
be used as office space, and 600 sq. ft. on the
ground floor, of the W. W. Jones Building, 317
Peoples Street, and being further described as
a portion of Lot 7, in Block No. 4, Beach Por-
tion, an addition to The City of Corpus Christi,
Nueces County, Texas, and
b) Thirty (30) parking spaces located on all of
Lot No. 11 and Fractional Lot No. 12, Block No.
4, Beach Portion, an addition to The City of
Corpus Christi, Nueces County, Texas.
1. The term of this lease shall be for eighteen (18) months,
commencing on the 1st day of November, 1978 and terminating on the 30th
day of April, 1980.
2. City agrees to pay as rent, the total sum of Forty Six
Thousand Four Hundred Fifteen and 70/100 ($46,415.70) Dollars, payable in
monthly installments, the first of which installments in the sum of
$2,503.56 shall become due and payable the 1st day of November, 1978, and
a like installment on the lst day of each succeeding month thereafter
through October 1, 1979; then in monthly installments of $2,728.83 each,
the first of which installment shall become due and payable on the 1st
day of November, 1979, and a like installment on the 1st day of each
succeeding month thereafter through April 1, 1980.
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3. The above rent represents payment for 5559 sq. ft. of
office space at the rate of 34¢ per sq. ft, per month; 600 sq. ft. of
storage space at the rate of 17¢ per sq. ft. per month; and thirty (30)
parking spaces at $17.05 each per month during the first year hereunder,
and payment for 5559 sq. ft, of office space at the rate of 37t per sq.
ft.; 600 sq. ft. of storage space at the rate of 17� per sq. ft. per month;
and thirty (30) parking spaces at $19.00 each per month during the last
six (6) months hereof.
4. City shall pay the rent to Lessor at 920 Jones Building,
Corpus Christi, Texas, monthly, in advance, as the same shall fall due,
for the full term hereof.
5. The Lessor agrees to furnish at its own expense the
following:
A. Normal janitorial service.
B. General electrical services.
C. Central heat and air conditioning.
U. Routine building maintenance.
E. All utilities (with the exception of additional power
required for data processing equipment).
6. City agrees that the following items will be furnished at
its own expense:
A. Electrical power for data processing equipment operation.
B. Electrical power service for data processing.
C. Supplementary air conditioning or humidity control for
data processing computer room and electrical power and
service therefor.
D. Separate electrical metering for data processing equipment
and air conditioning or humidity control.
7. City shall, at the end or other termination of this lease,
deliver up the demised premises in good order and condition, natural deterior-
ation and damage by fire and elements excepted.
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8. That the City shall, in case of damage by fire or other
hazards included under "extended coverage" insurance, give immediate notice
to the Lessor, who shall thereupon cause the damage to be repaired forth-
with; but if the premises be by the Lessor deemed so damaged as to be unfit
for occupancy or if the Lessor shall decide not to rebuild or remodel the
said building, then, at Lessor's option, Lessor may declare this lease
at an end and the rent be paid to the time of damage. Should Lessor decide
to repair the premises for use of City, in the event of total or partial
destruction by fire or other calamity, then, in such event, the rent here -
inabove reserved or a just and proportionate part thereof according to
the nature and extent of the injury sustained, shall be suspended or
abated until said premises shall, by Lessor, be put back, insofar as
possible, in the same condition as the same existed prior to the destruc-
tion. Notwithstanding anything else herein contained, Lessor shall never
be obligated to repair or restore any portion of the premises not covered
by Lessor's "extended coverage" insurance policy..
9. City shall indemnify and hold harmless the Lessor, its successors
and assigns, from and against any and all liability for loss, damage or injury
to persons or property arising out of City's use and occupancy.of the demised
premises.
10. That in case of default in any of the covenants herein, Lessor
may enforce the performance of this lease in any mode provided by law, and this.
lease may be forfeited at Lessor's discretion if such default continues for a
period of thirty (30) days after Lessor notifies City of such default and
Lessor's intention to declare the lease forfeited, and thereupon (unless City
shall have completely removed or cured such default) this lease shall cease
and come to an end as if that were the day originally fixed herein for the ex-
piration of the term hereon; and Lessor's agent or authority shall have the
right, without further notice or demand, to reenter and remove all persons and
City's property 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
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Lessor's agent or attorney may resume possession of the premises and relet
the same for the remainder of the term at the best rent said agent or attor-
ney may obtain, for account of City who shall make good any deficiency.
Notwithstanding anything else herein contained to the contrary,
City may cancel this lease should the present or any future City Council of
the City of Corpus Christi not appropriate in any fiscal year funds for
the rental payments required by this lease. No penalty shall attach in
the event of any such nonappropriation. In the event of nonappropriation,
City shall give the Lessor sixty (60) days notice prior to the end of the
then current fiscal year (which presently runs from August 1 to July 31)
before cancellation of this lease and City shall not be obligated to make
any rental payments beyond the end of the sixty -day notice. Lessor shall
have all the rights and remedies under the law to take possession of the
premises in the event of such cancellation, subject to paragraph 15 below.
11. All notices to be given under the provisions of this
lease shall be mailed to City addressed to the demised premises and to
Lessor addressed to:
W. W. Jones, II
P. 0. Box 2766
Corpus Christi, Texas 78403
12. City is presently occupying the eighth floor and 600 sq.
ft. on the ground floor of such building and the thirty (30) parking
spaces described above. Lessor shall not be under any obligation to
make any additions to or alterations of such premises presently occupied
by City. City shall take possession of rooms 711 through 715, inclusive,
of such building in an "as -is" condition.
13. In the event City holds over after the expiration of the
term hereof, such tenancy shall be on a month to month basis and either
party may terminate this lease on or after April 30, 1980, by giving the other
party at least six (6) months written notice; provided, however, neither party
shall have the right to terminate this lease under the provisions of
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this paragraph prior to April 30, 1980. Notwithstanding anything else
herein contained to the contrary, this lease shall terminate on or by
October 31, 1980.
14. In the event City holds over on a month to month tenancy
as hereinabove provided, City shall pay Lessor monthly rent, in advance,
in the sum of Two Thousand Seven Hundred Twenty Eight and 83/100 ($2,728.83)
Dollars. Said monthly installments represent payment for 5,559 sq. ft.
Of office space at 37t per sq. ft. per month; 600 sq. ft. of storage space
at 17¢ per sq. ft. per month; and thirty (30) parking spaces at $19.00 each
per month. The rental payments becoming due hereunder shall be paid on the
1st day of each month, in advance, during the time that City occupies said
premises between May 1, 1980 and October 31, 1980.
15. All permanent alterations and improvements affixed to such
building by City shall become the property of Lessor at the termination of
this lease; provided however, that this provision shall not apply to, and
City shall have the right to remove and retain ownership of, City's com-
puters and computer related equipment, circuitry, air conditioning and
air conditioning support systems, and eighth floor computer room flooring.
16. The owner of the above described parking lot is Corpus
Christi National Bank and Lessor has entered into an arrangement pro-
viding for Lessor's rental of parking spaces thereon, with the right on
the part of Lessor to sublease said parking spaces to tenants of the
building. In the event Corpus Christi National Bank notifies Lessor
that Lessor must vacate said parking lot, Lessor agrees to furnish City
the thirty (30) parking spaces on the ground level parking lot owned by
Corpus Christi National Bank which adjoins Corpus Christi National Bank's
present drive - through banking windows, which parking lot is adjacent and
bounded by Water and Peoples Streets and Shoreline Drive, which parking
lot is hereinafter referred to as "Bank Parking Lot ". In the event Lessor
relocates City's thirty (30) parking spaces to the Bank Parking Lot, there
will be no adjustment in the rent hereinabove provided.
In the event Corpus Christi National Bank completes construc-
tion of a parking garage ( "Bank Parking Garage ") located on Block No. 4,
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Beach Portion of the City of Corpus Christi, during the term of this
lease, or any holding over period, Lessor shall have the right, upon
completion of the construction of the Bank Parking Garage, to relocate
said thirty (30) parking spaces from the Bank Parking Lot to the Bank
Parking Garage. In this event, any rent to be paid by City to Lessor
€ hereunder shall be increased by the amount of $390.00 per month ($13.00
per parking space per month). Such increases in rent shall commence on
I
the beginning of any month in which said thirty (30) parking spaces are
relocated from the Bank Parking Lot to the Bank Parking Garage; provided,
however, such increase shall not commence prior to October 1, 1979.
f
In the further event that said thirty (30) parking spaces
fare relocated to the Bank Parking Garage, such parking spaces shall be
on an assigned space basis (such as designating a specific floor or area
;for parking), and Lessor reserves the right to designate and change the
+location of the parking space of each user within the Bank Parking Garage.
City shall have access to the Bank Parking Garage between the hours of
7:00 A.M. and 6:00 P.M., Monday through Friday of each week, and during
such other hours on such other days as Corpus Christi National Bank
shall keep the Bank Parking Garage, attended and open for other custo-
mers of the Bank Parking Garage, and at such other times as in the sole
judgment of Corpus Christi National Bank is deemed reasonable. Addition-
ally, Corpus Christi National Bank and Lessor reserves the right to
promulgate reasonable rules and regulations for the efficient use, safety,
a f nd maintenance of the Bank Parking Garage and its contents. A night
watchman or guard service may be provided for the Bank Parking Garage,
and every person, if unknown to the security personnel, entering or
leaving the Bank Parking Garage may be questioned as to the reason for
being in the Bank Parking Garage. The security personnel shall have the
right to refuse admission to, or eject therefrom, all persons that shall,
in the security personnel's exclusive judgment, not be able to show them-
selves lawfully entitled to enter and remain in the Bank Parking Garage.
Neither Corpus Christi National Bank nor Lessor shall be liable for any
damage whatsoever as a result of the security personnel's refusing ad-
mittance to the Bank Parking Garage to any person.
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If the Bank Parking Garage is totally destroyed during the
term City is occupying the same, then City's rights to said thirty (30)
parking spaces shall forthwith cease and terminate. Should the Bank
Parking Garage or the other parking lots be partially destroyed or
damaged so as to cause said parking spaces to become untenable, in the
judgment of Corpus Christi National Bank, then it shall be optional with
Corpus Christi National Bank to rebuild or replace the Bank Parking
Garage or said parking lots to substantially the former condition. Until
the Bank Parking Garage or the parking lots are restored to a tenable
condition, there shall be an abatement of rent to the extent that the
parking spaces, or a portion thereof, are rendered untenable. Should
Corpus Christi National Bank not elect to repair or reconstruct, then
Lessor's obligation to furnish said thirty (30) parking spaces in the
Bank Parking Garage or other parking lots shall cease and terminate, and
the payment of any rent apportioned for the thirty (30) parking spaces
shall be adjusted accordingly.
17. Notwithstanding anything else herein contained to the
contrary, City shall have the right to terminate its lease of (and rental
payment for) any or all of the thirty (30) parking spaces provided for in
this lease after giving the Lessor at least sixty (60) days written notice.
18. The terms of this lease shall be binding upon and inure
to the benefit of Lessor and City, and their respective heirs, successors,
personal representatives and assigns; provided, however, nothing contained
in this paragraph shall be construed to allow City to assign or sublet
the leased premises nor any portion thereof; and provided, further how-
ever, Lessor shall have the right to assign this lease, or any portion
hereof, in the event Lessor shall sell or otherwise dispose of its in-
terests (or all or any part of such interests) in the W. W. Jones Building.
IN TESTIMONY WHEREOF, the parties of this agreement have
hereunto set their hands, in duplicate, this the _ day of
1978.
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LESSOR:
Jones Properties
By
Car raster, Manager
LESSEE:
CITY OF CORPUS CHRISTI, TEXAS
ATTEST: By
— Marvin Townsend, City Manager
Ci ty Secretary
APPROVED AS TO LEGAL FORM
THIS DAY OF
1978:—
City Attorney
ecDi� to,r} nce
V
8
Corpus Christi, Tex (�
/3 day of , 1970
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.
The Charter rule was suspe
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
14652