HomeMy WebLinkAbout15452 ORD - 04/02/19804/1/80:1st:vp
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH THE TEMET CORPORATION FOR THE LEASE
OF 6,149 SQUARE FEET OF OFFICE SPACE AT $.75 PER
SQUARE FEET PER MONTH, 840 SQUARE FEET OF STORAGE
SPACE AT $.50 PER SQUARE FEET PER MONTH AND 30 PARK-
ING SPACES AT $19.50 PER SPACE PER MONTH IN THE NUECES
BUILDING FOR DATA PROCESSING FOR A ONE-YEAR PERIOD
FROM MAY 1, 1980 THROUGH APRIL 30, 1981; 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 authorized to execute a lease
agreement with the Temet Corporation for 6,149 square feet of office space
at $.75 per square feet per month, 840 square feet of storage space at $.50
per square feet per month and 30 parking spaces at $19.50 per space per month
in the Nueces Building for Data Processing for a one-year period from May 1,
1980 through April 30, 1981, all as more fully set forth in the lease agree-
ment attached hereto and made a part hereof, marked Exhibit "A".
SECTION 2. The necessity to authorize execution of the aforesaid
agreement 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 intro-
duction but that such ordinance or resolution shall be read at three several
meetings of the City Council, and the Mayor having declared that such emer-
gency and necessity exist, and having requested the suspension of the Charter
rule and that this ordinance be passed finally on the date of its introduc-
tion and take effect and be in full force and effect from and after its
passage, IT IS ACCORDINGLY SO ORDAINED, this the 2 IC day of April, 1980.
ATTEST:
Ci Secretary
APPROVED:
DAY OF APRIL, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Qj Assistant Ci torney
1
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av�s.
THE rY OF CORPUS CHRISTI, TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
This agreement of lease is made and entered into, and effective
the 1st day of May, 1980, regardless of when actually executed by the
parties hereto, by and between TEMET CORPORATION, called "Lessor", and the
CITY OF CORPUS CHRISTI, TEXAS, a municipal 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) 5,290 sq. ft. on the eighth floor and 859 sq. ft. on
the fourth floor to be used as office space and 840
sq. ft. of storage space on the second floor, of the
Nueces Building, 317 Peoples Street, and being further
described as a portion of Lot 7, in Block No. 4, Beach
Portion, an addition to the City of Corpus Christi,
Nueces County, Texas;
b) TEMET CORPORATION will provide thirty (30) parking
spaces located in the 600 block of Chaparral and/or
Mesquite Street.
1. The term of this lease shall be for one (1) year, commencing
on the 1st day of May, 1980 and terminating on the 30th day of April, 1981.
2. City agrees to pay as rent for office and storage space the
total sum of $5,031.75 per month becoming due and payable the 1st day of
May, 1980, and a like installment on the 1st day of each succeeding month
thereafter through April 30, 1981.
3. City also agrees to pay as parking, the total sum of $585.00
per month for 30 parking spaces becoming due and payable the 1st day of
May, 1980, and a like installment on the 1st day of each succeeding month
thereafter through April 30, 1981.
N. "A"
4. The above rent represents payment for 6,149 sq. ft. of office
space at the rate of 75$ per sq. ft. per month; 840 sq. ft. of storage space
at the rate of 50t sq. ft. per month; and thirty (30) parking spaces at
$19.50 each per month until April 30, 1981.
5. City shall pay the rent to Lessor at 915 Nueces Building,
Corpus Christi, Texas, monthly, in advance, as the same shall fall due, for
the term hereof.
6. 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.
D. Routine building maintenance.
E. All utilities (with the exception of additional power
required for data processing equipment).
7. 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.
8. City shall, at the end or other termination of this lease,
deliver up the demised premises in good order and condition, natural deter-
ioration and damage by fire and elements excepted.
9. 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 forthwith; but
if the premises be by the Lessor deemed so damaged as to be unfit for occu-
pancy or if the Lessor shall decide not to rebuild or remodel the said build-
ing, then, at Lessor's option, Lessor may declare this lease at an end and
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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 hereinabove reserved
for 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. 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.
10. City shall indemnify and hold harmless the Lessor, its succes-
sors 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.
11. 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 expiration 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 remedires for arrears of rent or breach
of covenant; or 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 attorney may obtain. for account of City who shall make good
any deficiency.
12. 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:
TEMET CORPORATION
P. 0. BOX 230
CORPUS CHRISTI, TEXAS 78403
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13. HOLDING OVER. In case of holding over by Lessee after expira-
tion or termination of this lease, Lessee will pay the then prevailing rate
as rent for entire holdover period. No holding over by Lessee after the term
of this lease, either with or without consent and acquiescence of Lessor shall
operate to extend lease for a longer period than one month; and holding over
with consent of Lessor in writing shall thereafter constitute this lease to
lease from month-to-month.
14. 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 comput-
ers and computer-related equipment, circuitry, air conditioning and air con-
ditioning support systems, and eighth floor computer room flooring. .
15. 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, however, Lessor shall
have the right to assign this lease, or any portion hereof, in the event
Lessor shall sell or otherwise dispose of its interests (or all or any part
of such interests) in the Nueces Building.
IN TESTIMONY WHEREOF the parties of this agreement have hereunto
set their hands, in duplicate, this the day of April, 1980.
ATTEST: LESSOR:
CITY OF CORPUS CHRISTI, TEXAS
City Secretary By
APPROVED:
DAY OF APRIL, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
R. Marvin Townsend, City Manager
LESSEE:
TEMET CORPORATION
ATTEST: By
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THE STATE OF TEXAS D
COUNTY OF NUECES 0
BEFORE ME, the undersigned authority, on this day personally
appeared R. Marvin Townsend, City Manager of the City of Corpus Christi,
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed, in the capacity therein stated and as
the act and deed of said City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of
April, 1980.
Notary Public in and for Nueces County,
Texas
THE STATE OF TEXAS ➢
COUNTY OF NUECES II
BEFORE ME, the undersigned authority, on this day personally
appeared , of
Temet Corporation, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed, in the capacity
therein stated and as the act and deed of said Temet Corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of
April, 1980.
Notary Public in and for Nueces County,
Texas
Corpus Christi, Texas
.2n4 day of , 19 80
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,
C
MAYOR
E CITY dT -CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
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
15452