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Home My WebLink About15359 ORD - 02/13/1980•nh:2_13_BQ:]st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREE- MENT BETWEEN BEACH PROPERTIES AND THE CITY OF CORPUS CHRISTI FOR 14,500 SQUARE FEET OF OFFICE SPACE AT 131 N. CHAPARRAL STREET FOR A TERM OF 17 MONTHS, BEGINNING MAY 1, 1980, WITH AM OPTION TO RENEW FOR AN ADDITIONAL 12 -MONTH PERIOD, SUBJECT TO AVAILABILITY OF FUNDING FROM THE UNITED STATES DEPARTMENT OF LABOR FOR THE EMPLOYMENT OPPORTUNITIES PILOT PROGRAM, ALL AS MORE FULLY SET FORTH IN THE LEASE, 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, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a lease agreement between Beach Properties and the City of Corpus Christi for 14,500 square feet of office space in a building located at 131 North Chaparral Street for a monthly rental of $11,000, for a term of 17 months, beginning May 1, 1980, with an option to renew for an additional 12 -month term at the same rate, subject to availability of funding from the United States Department of Labor for the Employment Opportunities Pilot Program, all as shown and more fully set forth in the lease, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution at the earliest practicable date of the aforesaid lease agreement, subject to availability of funding from the United States Department of Labor for the Employment Opportunities Pilot Program, 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 intro- duction but that such ordinance or resolution shall bereadat three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and 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, 4,0 e 15359 IT IS ACCORDINGLY SO ORDAINED, this the /.5 day of February, 1980. ATTEST: Cit Secretary APPROVED : DAY OF FEBRUARY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cityrney MAY -THE CI OF CORPUS CHRISTI, TEXAS LEASE THE STATE OF TEXAS 1 COUNTY OF NUECES This lease is made and entered into by and between the Beach Properties, P.O. Box 2602, Corpus Christi, Texas 78403, Incorporated, hereinafter called "Lessor" and the City of Corpus Christi, Texas, a municipal corporation herein- after called "City": WITNESSETH: The Lessor does by these presents lease and demise unto the City a portion of a building on the following described property lying and being situated in the City of Corpus Christi, Nueces County, Texas, to -wit: Lots 4 and 5, Block 1 of Beach Addition The demised portion of said building located at 131 North Chaparral, Corpus Christi, Texas consisting of approximately 14,500 square feet and the parking area are indicated in red on the attached proposed floor plans. 1. The term of this lease shall be for seventeen (17) months, commencing May 1, 1980, or if construction and renovation has not been completed, on the first day of the next calendar month following completion of construction and renovation of the premises as shown on the proposed floor plan, and terminating on September 30. 1981, with option of renewal, all contingent upon the availa- bility of funding from the U. S. Department of Labor for the Employment Oppor- tunities Pilot Program. If said construction and renovation has not'been substantially completed by June 1, 1980, so as to preclude the City from effectively operating the Employment Opportunities Pilot Program from these premises, the City shall have the option to declare this lease agreement null and void. 2.. City shall pay as rent for the leased premises the sum of Eleven Thousand Dollars ($11,000.00) per month which monthly rent shall become due and payable in advance on or before the first day of each month during the term and renewal or extension of said term. Said payments shall be made to Lessor at the Lessor's address indicated in paragraph 8 below. 3. Lessor agrees to furnish at its own expense, the following: (a) all utilities. (b) insurance for building; (c) 60 parking spaces for use by the City; and (d) building repair and maintenance, except for damage caused by the City, its agents, employees, or invitees. 4. The City shall, at the end or other termination of this lease, deliver up the demised premises in good order and condition, natural deterioration and damage by fire and elements excepted. 5. City shall, in case of damage by fire or-other hazards, 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 the Lessor's option, Lessor may declare this lease at an end and the rent be paid to the time of damage. Lessor shall make such election to repair or not to repair such building within a reasonable time of receipt of said notice from the City, giving the City written notice of such election. 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, said repair shall be completed within a reasonable time of the City's notice of damage, and the rent hereinabove 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 destruction; If Lessor fails to complete, within a reasonable time, repair of such damage reported to Lessor by the City pursuant to this paragraph, then, at the City's option, the City may terminate this lease and the City shall be liable for the rent due and owing up to the time of such termination, and not for the remainder of the lease term. 6. 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. 7. 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 said City of such default and Lessor's intention to declare the lease forfeited, and thereupon (unless City shall have • compl tely removed or cured such default) this lease shall cease and come to an en as if that were the day originally fixed herein for the expiration of the t=rm hereof; and Lessor's agent or attorney shall have the right, without furth=r notice or demand, to reenter and remove all persons and City's property there ram without being deemed guilty of any manner of trespass and without preju•ice to any remedies for arrears of rent or breach of covenant; or Lessor's agent .r attorney may resume possession of the premises and relet the same for the re ainder.-of the term at the best rent said agent or attorney may obtain, for ac aunt of the City who shall make good any deficiency. N•twithstanding anything else herein contained to the contrary. City may cancel this lease should funding from the U.S. Department of Labor for the Emplo ent Opportunities Pilot Program cease to be available during the term of thi• lease. No penalty shall attach in the event of any such non-availa- bility of federal funds and the City shall give the Lessor thirty (30) days advanc notice before cancellation of this lease and City shall not be -obligated to mak any rental payments beyond the end of the thirty -clay notice period. Lessor shall have all the rights and remedies under the Taw to take possession of the premises in the event of such cancellation, subject to paragraph 9 below. 8. 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: BEACH PROPERTIES P.O: Box 2642 - Corpus Christi, Texas 78403 9. All alterations and additions affixed to such building by City shall become .roperty of Lessor at the end or earlier termination of this lease unless -moved by City. 10 Upon expiration of the term.hereof, provided that this lease or any covenan s herein contained are not breached by City, City shall have the option to rene this lease upon the same terms and conditions and for the same rent as herein ontained for an additional term of one (1) year, commencing October 1. 1981 an terminating September 30, 1982. In the event City shall exercise such option f renewal, then City shall give Lessor written notice of such intention to rene at least thirty (30) days prior to the expiration of this lease. In the eve t that no such written notice of intention to renew is given, any holding over by the City after September 30, 1981 shall operate and be con- strued =s a tenancy from month to month at a rental of twelve thousand dollars (512,00'.00) per month. 11. City shall furnish janitorial service. 12. City shall not assign this lease or sublet the premises, or any part thereof (except as may be mentioned herein), or make any alteration in the building (except as may be mentioned herein), without the consent of the Lessor in writing; or occupy or permit or suffer -the same to be occupied far any business or purpose deemed extra hazardous on account of fire. 13. City shall not place any signs at, on, or about the premises except as and where first approved by the Lessor; and the Lessor shall have the right to remove any sign or signs in order to paint the building or premises or make any other repairs or alterations. EXECUTED IN DUPLICATE, THIS DAY OF , 1980. ATTEST: BEACH. PROPERTIES By Name CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend, City Manager APPROVED By J. Bruce City Attorney Assistant City Attorney Director of Finance Hfartt UIR i1Ft.i hubs Pt CS Pwl,%/l.is ;./d C-..dlrw�if _ d � .@f7Liyy • �phu 74.1R 'EL.:� ,4.1.17:0•7-?•� Ai4..r i./..u/ y•r � y e �1• ' i/i \ .it.! Is . I III FLDDR PLAN - MEZZANINE SCALE ve°•P-o° 1• tk • 31111— . 11.1 I — • lu.....t+r mons pgal f••.1t.••., •I .i I1 ..1/-1. } p PAPiltloas rPl !• PROPOSED FLOOR PLAN VB° SCALE BEACH MiOPERTIES .:' Yr n't1UP.IIUL • ULl2 .� 1U ■ °COxM °tl- IILCL w..n.., • m°r mu Ammer %I 1 M.1 MITGLASI RI ea.sO°e.mnm na .11 '*-EXFs1"iric � PE+ • • We hereby authorize the City of Carpus Christi, Texas the expressed consent to sublet parts of the City leased property to other Govern- ment agencies. The City of Corpus Christi will pay all rents and the lessor will hold the city of Corpus Christi responsible for all rents and conditions of this lease. Date Corpus Christi, Txeas 13 day of m� , 19 26) 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 thatyou 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspend- by the following vote: /r 1 Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was pass : by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky • 15359