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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 15452 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 -2- 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 -3- 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 -4- 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