HomeMy WebLinkAbout16093 ORD - 03/04/1981AN ORDINANCE
AUTHORIZING EXECUTION OF A FIVE-YEAR LEASE WITH COMPU-
CENTER, INC., COMMENCING MAY 1, 1981 AND ENDING APRIL 30,
1986, FOR 5400 SQUARE FEET OF OFFICE SPACE FOR DATA
PROCESSING AT 1015 SANTA FE, CORPUS CHRISTI, TEXAS, FOR
THE RENTAL SUM OF $268,920 PAYABLE IN MONTHLY PAYMENTS OF
$4,482 EACH, 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, TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute a five-year lease with Compu-Center, Inc., commencing May 1, 1981
and ending April 30, 1986, for 5400 square feet of office space for data
processing at 1015 Santa Fe, Corpus Christi, Texas, for the rental sum of
$268,920 payable in monthly payments of $4,482 each, 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".
SECTION 2. The necessity to authorize execution of the aforesaid
lease 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 that such emergency and
necessity 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 efffect from and aft: its passage, IT IS
ACCORDINGLY SO ORDAINED, this the day of [i , 1981.
ATTEST:
-Laty Secretary MAYOR
THE TY OF CORPUS CHRISTI, TEXAS
APPROVED:
0VED:
444 DAY OF MARCH, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
BY (1 63; h� r
Assist nt City At
16093
MIGROFJLMEU
SEP 2 71984
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This lease agreement made and entered into by and between the
hereinafter specified Landlord and Tenant,
WITNESSETH:
I. DEFINITIONS AND BASIC TERMS
1.1 For the purpose of this lease the following terms shall have the
meanings hereinafter specified:
(a) Landlord: Compu-Center, Inc. whose address is: P.O. Box
6408, Corpus Christi, Texas 78411.
(b) Tenant: City of Corpus Christi, Texas whose address is:
P.O. Box 9277, Corpus Christi, Texas 78408.
(c) Entire Premises: The tract of land consisting of Lots 1, 2,
3, and 4 of Block 4, Bay Terrace Subdivision, Corpus Christi, Nueces County,
Texas.
(d) Business Center: The buildings located on the entire
premises as said business center is constituted from time to time.
(e) Demised Premises:
(1) The building containing approximately 5400 square feet
located at 1015 Santa Fe, Corpus Christi, Texas and which is
situated on Lots 1, 2, 3, and 4 of Block 4, Bay Terrace
Subdivision, Corpus Christi, Nueces County, Texas as shown on
the attached Exhibit 1 which is incorporated herein by
reference.
(2) The parking lots, containing parking spaces which can
accommodate thirty (30) vehicles situated on Lots 1, 2, 3 and 4
of Block 4, Bay Terrace Subdivision, Corpus Christi, Nueces
County, Texas as shown .on the attached Exhibit 2 which is
incorporated herein by reference.
(f) Minimum Rental: The sum of two hundred sixty-eight
thousand nine hundred twenty dollars ($268,920) payable in monthly payments
of four thousand four hundred eight -two dollars ($4,482) each.
(g) Delivery Date: May 1, 1981.
9'
(h) Lease Year: Each succeeding twelve-month period
commencing with the commencement of the lease term.
(i) Purpose of Tenancy: data processing center.
(j) Base Tax Year: The ad valorem tax year having its
inception during the second lease year.
(k) Security Deposit: The last month's rent prepaid.
II. GRANTING CLAUSE, TERM AND RESERVE RIGHTS
2.1 Landlord hereby demises and leases unto Tenant and Tenant
hereby takes from Landlord, for the consideration and upon the terms and
conditions herein set forth, the demised premises for the term specified in
section 4.1 commencing on the delivery date.
2.2 Landlord reserves the right to enter upon the premises, as
required, after giving the City's Data Processing Manager reasonable notice of
such intent, in order to maintain and keep the premises in good repair.
III. IMPROVEMENTS
3.1 Attached hereto as Exhibit 3 are outlined specifications setting
forth improvements to the demised premises to be furnished and/or installed by
Landlord (hereinafter called "Landlord's work" and sometimes "Landlord's
original work").
3.2 Landlord shall deliver possession of the demised premises to
Tenant on the Delivery Date specified in section 1.1 hereof, together with
substantially all of the Landlord's work as shown on Exhibit 3 attached hereto.
In the event such improvements are not substantially completed by said delivery
date, Landlord shall not be considered in default nor this lease agreement
subject to cancellation but the payment date for the initial monthly minimum
rental hereinabove provided shall be adjusted to correspond to the date such
improvements are substantially completed by Landlord. Prior to the
commencement of this lease as specified in Article IV below, Landlord shall allow
Tenant's access to the demised premises for the purpose of installation of
Tenant's computer systems and supporting and related equipment immediately
following the completion of each section of improvements specified in Exhibit 3
so that a smooth transition from the Tenant's existing computer center to the
demised premises may be accomplished.
Any entry prior to the delivery date by Tenant authorized by
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this Lease shall require Tenant to immediately comply with the personal
property and personal liability insurance requirements of this lease. During
such predelivery date occupancy, if any, Tenant shall bear all risk of loss as
to any personal property on the premises owned by Tenant and as to all
damages caused by Tenant.
3.3 Landlord and Tenant shall conform to, and comply with all
federal, state and local laws, ordinances, rules and regulations in the
performance of their respesctive work.
3.4 Tenant agrees to pay for all work performed by Tenant or
Tenant's outside contractors or suppliers so that the demised premises will at
all times remain free from all liens for labor and material.
IV. COMMENCEMENT AND TERMINATION OF TERM
4.1 The term of this lease shall be for a period of five (5) years
commencing on the first day of May, 1981 and ending on the thirtieth day of
April, 1986. Therafter, at the Tenant's option, this lease may be renewed for
an additional thirty-six month term (or less with Landlord's written consent)
upon the same terms and conditions expressed herein, but the rental shall be
adjusted in accordance with changes in the National Consumer Price Index, also
known as cost of living index, published by the Bureau of Labor Statistics,
using the following procedure:
The first twelve months beginning on the date the lease
commences will be known as the base lease year and the index for that year to
be known as the base index will be that index published for the month in which
the lease commences. During each subsequent lease year after the expiration of
the initial five year term, the cost of living index for the same month as the
base index but for the current lease year will be noted, and its percentage
increase over the base index calculated. If no increase has accrued, the rental
rate shall remain the same from year to year until an increase occurs.
Landlord will then notify Tenant of said increase, and Tenant will pay in each
year of extension a new increased monthly rental as increased by percentage
respectively in the cost of living index.
4.2 If a new city hall office complex, having space designated and
intended to house the Tenant's data processing equipment and facilities, has
been built, completed and such designated space is ready to be occupied for
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such purpose on or before October 1, 1983, the Tenant may terminate this lease
after giving Landlord six (6) months advance written notice of such
termination. Once notice in accordance with this section 4.2 has been given, it
may not be revoked by the Tenant and any acts or conduct by Landlord
subsequent to such notice shall not act as a waiver of the termination or a
ratification of the lease unless such waiver or ratification is in writing signed
by Landlord.
V. RENTAL
5.1 Tenant shall pay to Landlord its minimum rental the sum
specified in 'section 1.1 payable in equal monthly installments in advance on the
first day of each calendar month throughout the lease term without any right of
set off or deduction whatsoever. On the first rental installment date Tenant
shall pay the minimun rental due and shall pay the security deposit stated in
section 1.1 above. The first rental installment shall be due and payable on or
before the first day of May, 1981.
5.2 All rental due hereunder shall be paid to Landlord at the
address specified in section 1.1 hereof or such other address as may be
specified by Landlord by notice and said rental shall be payable to
Compu-Center, Inc.
VI_ USE OF PREMISES AND COMPETITION
6.1 The demised premises may be used and occupied only for the
purpose or purposes specified in section 1.1 and for no other purpose or
purposes without the prior written consent of the Landlord. Tenant shall not
at any time leave the demised premises vacant, but shall in good faith
continuously throughout the term of this lease conduct and carry on in the
entire demised premises the purpose for which the demised premises are leased.
6.2 Tenant shall not, without the Landlord's prior written consent,
keep anything within the premises nor use the premises for any purposes which
increases the insurance premium cost or invalidates any insurance policy carried
on the demised premises. If Landlord should consent to such use and
occupancy by Tenant, Tenant shall pay on demand, as additional rent, the
additional insurance premiums resulting from such use and occupancy. All
property kept or stored or maintained within the premises by Tenant shall be at
Tenant's sole risk_
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6.3 Tenant shall procure at its own expense any permits and licenses
required for the transaction of business in the demised premises and otherwise
comply with all applicable laws, ordinances, and governmental regulations.
VII. MAINTENANCE, REPAIR AND ALTERATIONS
7.1 Landlord shall maintain and keep in good repair:
(a) The foundation, roof, structure and exterior walls of the
demised premises, and
(b) Sewage, gas and electric facilities serving the demised
premises to the point of their entry into the demised premises.
Landlord shall further make all repairs made necessary by the failure
of Landlord to make the repairs required by the preceding subsections (a) and
(b). Landlord shall make repairs of all major failures in air conditioning
equipment such as failures in compressors and condensers, provided such
failure is not the result of equipment abuse by the City or its employees or
contractors.
7.2 Tenant shall maintain and keep in good repair:
(a) The interior of the demised premises including walls, floors
and ceilings;
(b) All existing windows and doors and replace all glass,
including glass doors, hinges, hardware and door closures in connection
therewith (even though the same shall constitute a part of an oustide wall of a
building) therein broken, chipped, or damaged by any cause whatsoever,
during the lease term with other glass doors, hinges, hardware, or door
closures of the same size and quality;
(c) All wires and plumbing within the demised premises which
serve the demised premises as distinguished from the business center generally;
and
(d) All signs, air conditioning and heating equipment (except for
major failures to air conditioning equipment as provided in section 7.1 above),
elevators, escalators, mechanical doors and other mechanical equipment situated
on or in the demised premises or serving the demised premises as distinguished
from the business center generally. Tenant shall further make all other repairs
to the demised premises made necessary by Tenant's failure to comply with its
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obligations under preceding subsections (a), (b), (c) and (d). Tenant shall
be responsible for routine maintenance of all of the demised premises except the
parking lot, the exterior walls and roof structures.
7.3 In the event the Landlord shall have furnished or installed any
of the equipment referred to in subsection 7.2(d), Landlord, at Tenant's
request, shall assign to Tenant all applicable warranties or guarantees made or
given to Landlord by manufacturers or installers of such equipment to the
extent such warranties or guarantees are assignable, and Tenant shall
thereafter be responsible to maintain such warranties and file any claim.
7.4 Tenant shall not make any alterations, additions or improvements
to the demised premises without the prior written consent of Landlord, except
for the work described in section 3.2 and the installation of unattached,
movable trade fixtures which may be installed without drilling, cutting or
otherwise defacing the premises. All fixtures installed by Tenant shall be new
or newly and completely reconditioned. All alterations, additions and
improvements and fixtures (other than unattached, movable trade fixtures)
which may be made or installed by either party hereto upon the demised
premises shall remain upon and be surrendered with the premises and become
the property of Landlord at the termination of this lease unless Landlord
requests the removal in which event Tenant shall remove the same and restore
the premises to their original condition at Tenant's expense; provided,
however, that this provision shall not apply to and City shall have the right to
remove and retain ownership of City's computers and computer related
equipment, circuitry, air conditioning, fire systems and all supporting
equipment installed by the City, but the City shall restore the premises to their
original condition, except for normal wear and tear.
7.5 Tenant agrees to pay for all such work promptly so that the
demised premises will at all times remain free from all liens for labor and
material.
7.6 Tenant shall keep the premises and equipment, and fixtures,
including air conditioning and heating equipment in good repair and condition•
and shall deliver up the demised premises, equipment, fixtures and air
conditioning and heating equipment in good condition and repair, normal wear
and tear excepted and subject to the Tenant's right to remove and retain
ownership of the equipment and systems enumerated in section 7.4 above.
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VIII. SIGNS
8.1 Tenant, upon receiving the prior written approval of Landlord as
to design, placement and method of affixing to building, shall have the right to
erect and maintain a sign, illuminated or otherwise, on the weight bearing wall
portion of the business center occupied by Tenant. No sign shall be installed
or placed on the roof. Signs as used herein shall include window sitckers,
decals or other similar materials and shall include any painting of the interior
or the exterior of the building, windows and doors.
IX. UTILITIES
9.1 Landlord shall pay all normal charges and deposits for water,
gas, sewer and garbage serviced to the demised premises. Tenant shall pay all
charges and deposits for electricity, telephone service, and other utilities
furnished to the demised premises.
X. CASUALTY DAMAGE
10.1 In the event the demised premises are damaged or destroyed by
fire or other casualty, Tenant shall give immediate notice to Landlord and
Landlord shall proceed with reasonable diligence to restore ,"Landlord's work" at
Landlord's expense. Provided, however, if the demised premises are destroyed
or so damaged that the Landlord's cost of restoring the same would exceed 80%
of their then insurable value then, Landlord may, at Landlord's option, elect to
terminate this lease at any time within 120 days after the occurrence of the
casualty.
10.2 Landlord's obligation to rebuild or restore under this Article
shall in any event be limited to restoring Landlord's original work to
substantially the condition in which the same existed prior to the casualty.
10.3 Tenant shall continue its data processing operation within the
demised premises to the extent practicable during any period of reconstruction
or restoration. During the period from the occurrence of the casualty until the
restoration of Landlord's work is complete, the minimum guaranteed rent shall
be reduced to such extent as may be fair and reasonable under the
circumstances; however, there shall be no abatement of the additional rental
and other charges provided for herein. In the event of damage or destruction
by fire or other casualty occurring through an act or failure to act on the part
of the Tenant, Tenant shall pay to Landlord the full amount of all rentals
required to be paid according to section 1.1 of this lease.
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XI. INDEMNITY, NON -LIABILITY AND INSURANCE
11.1 Tenant shall indemnify and hold harmless, the Landlord, its
successors and assigns, from and against any and all liability for loss, damages
or injury to persons or property arising out the Tenant's use and occupancy of
the demised premises.
11.2 Tenant will assume and pay to Landlord any increase in
insurance costs imposed or charged during any year after the first full year of
the primary term of this lease.
XII. EMINENT DOMAIN
12.1 If any of the floor area of the demised premises should be
taken for any public or quasi -public use under any governmental law, ordinance
or regulation or by right of eminent domain or by private purchase in lieu
thereof, this lease shall terminate and the rent shall be abated during the
unexpired portion of this lease, effective on the date physical possession is
taken by the condemning authority.
12.2 If any part of the parking lot or other outside facility should
be taken for any public or quasi -public use under any governmental law,
ordinance or regulation, or by right of eminent domain, or by private purchase
in lieu thereof, this lease shall not terminate, nor shall the rent payable
hereunder be reduced nor shall Tenant be entitled to any part of the award
made for such taking, except that either Landlord or Tenant may terminate this
lease if the parking area remaining following such taking plus any additional
parking area provided by Landlord by constructing multi-level and/or ground
level parking facilities in reasonable proximity to the business center shall be
less than 70% of the original parking area.
12.3 Any election to terminate this lease following condemnation shall
be made within thirty days after the date on which physical possession is taken
by the condemning authority.
12.4 All compensation awarded for any taking (or the proceeds of
private sale in lieu thereof) whether for the whole or a part of the demised
premises, shall be the property of the Landlord, whether such award is
compensation for damages to Landlord's or Tenant's interest in the demised
premises, and Tenant hereby assigns all of its interest in any such award made
to Tenant for loss of business or for the taking of Tenant's fixtures and other
8
property within the demised premises if a separate award for such items is made
to Tenant.
XIII. ASSIGNMENT AND SUBLETTING
13.1 Without the prior written consent of the Landlord, neither the
Tenant nor the Tenant's legal representative or successors in interest by
operation of law or otherwise, shall assign or mortgage this lease, or sublet the
whole or any part of the demised premises or permit the demised premises or
any part thereof to be used or occupied by others.
XIV. DEFAULT BY TENANT AND SECURITY DEPOSIT
14.1 Tenant shall be deemed in default hereof in the event:
(a) Tenant should default in the prompt payment of rent when
the same is due;
(b) Tenant remains in violation of any other of the covenants
performable by Tenant hereunder after the expiration of twenty days following
the receipt of notice of such violation.
14.2 Upon default the Landlord may immediately reenter the demised
premises, by summary proceedings or other lawful means and take possession of
the demised premises, and remove all persons therefrom, and may elect to
either cancel this lease or relet the premises for the account of the Tenant or
otherwise, and Landlord may declare all sums owed by Tenant according to
section 1.1 of this lease to be immediately due and payable as if payable in full
in advance,. and any sums received by Landlord for the account of Tenant from
a reletting of the premises, shall be paid or credited to Tenant as received by
Landlord, after deducting attorney's fees, and all costs of interest of reletting,
including broker's fees, together with a five percent administrative fee.
14.3 Landlord hereby acknoweldges receipt from Tenant of the sum
stated in section 1.1 above to be held by Landlord without interest as security
for the performance by Tenant of Tenant's covenants and obligations under this
lease. It is expressly understood that such deposit may be co -mingled with
other property of Landlord, and the deposit is not an advance payment of
rental for a measure of Landlord's damages in case of default by Tenant. If
Tenant is not then in default, any remaining balance of such deposit shall be
returned by Landlord to Tenant upon the termination of this lease. The
security deposit may be assigned and transferred by Landlord to the successor
9
in interest of Landlord; and upon acknowledgment by such successor of receipt
of such security and its express assumption of the obligation to account to
Tenant for such security in accordance with the terms of this lease. Landlord
shall thereby be discharged of any further obligation relating thereto.
XV. LANDLORD'S LIEN
15.1 Landlord shall have a lien upon, and security interest in, all of
the fixtures, furniture, equipment, stock, goods, merchandise and other
property placed on the demised premises during the term of the lease, to
secure the payment of rentals and other sums due hereunder for the entire
term of the lease. In addition to the remedies granted by law, Landlord may
exercise with respect to said collateral, all of the rights, remedies and powers
of a secured party under the Uniform Commercial Code, including, without
limitation, the right and power to sell, at public or private sale or sales, or
otherwise dispose of, lease or utilize, the collateral and any part or parts
thereof in any manner authorized or permitted under said Code upon default by
Tenant. If Tenant is in default for nonpayment of rentals or other sums due
hereunder, Tenant, at Landlord's request shall execute and deliver to Landlord
a financing statement appropriate for use under the Uniform Commercial Code or
a signed counterpart of this agreement of the short form thereof may be used
as such financing statement.
XVI. INCREASES IN TAXES
16.1 If during any real estate tax year subsequent to the base tax
year (as defined in section 1.1) general real estate taxes, assessments and
governmental charges levied against the entire premises and the business center
for such tax year shall exceed the general real estate taxes, assessments and
governmental charges levied for the base tax year, Tenant shall pay to
Landlord as additional rental, upon demand such increase, payable as rent
under this lease.
XVII. MORTGAGEE'S REQUIREMENTS
17.1 In the event a mortgagee or prospective mortgagee should so
require, Tenant shall deliver to Landlord, from time to time, for delivery to
such mortgagee:
(a) An acknowledgment of the assignment of rentals and other
sums due hereunder to the mortgagee an agreement to be bound thereby;
10
(b) An agreement requiring Tenant to advise the mortgagee of
damage to or destruction of the demised premises by fire or other casualty
requiring its reconstruction and/or requiring Tenant to give the mortgagee
written notice of Landlord's default hereunder and to permit the lender to cure
such default within a reasonable time after such notice before exercising any
remedy Tenant might possess as a result of such default;
(c) An acceptance of estoppel letter, to be executed only upon
the commencement of the lease term, accepting the premises as completed in
accordance with the lease specifying that all conditions to the commencement of
the lease term have been met, and that Landlord is not in default of its
obligations thereunder, if such be the case, and containing such other
information as is customarily contained in such acceptance or estoppel letters.
17.2 In the event Landlord so requests, Tenant shall deliver to
Landlord, from time to time, a statement, in recordable form certifying that the
lease is unmodified and in full force and effect. (or if there have been
modifications, that _the same is in full force and effect as so modified) and
further stating the dates to which rent and other charges payable under the
lease have been paid.
XVIII. NOTICES
18.1 Whenever notice, election, consent, approval, request,
permission, etc. is required or permitted hereunder such shall be in writing
and shall be deemed to be delivered, whether actually received or not, when
deposited in the United States mail, postate prepaid, registered or certified
mail, return receipt requested, addressed to the parties hereto at the
respective addresses as follows, or at such other addresses as the parties may
have theretofore designated by notice:
(a) Notices to Landlord - Compu-Center, Inc.
c/o Shelby Jordan and
Mrytle Isabella Jordan
P.O. Box 2431
Corpus Christi, Texas 78403
(b) Notices to Tenant - Director of Data Processing
P.O. Box 9277
Corpus Christi, Texas 78408
XIX. MISCELLANEOUS
19.1 This agreement and all of the forms, provisions and covenants
contained therein, shall apply to and be binding upon and inure to the benefit
11
of the parties hereto, their respective heirs, assigns, successors, executors
and administrators except as otherwise herein expressly provided.
19.2 All rental and other sums which one party hereunder may
become obligated to pay to the other shall bear interest at the rate of ten
percent per annum, compounded annually, from date when the same shall
become due. In the event Landlord should find it necessary to employ
attorneys for the purpose of collecting any sum due hereunder or enforcing any
provision of this lease, then Landlord shall be entitled to recover costs of
court, reasonable attorney's fees which shall in no event be less than ten
percent.
19.3 Whenever a period of time is herein provided for Landlord to do
or perform any act or thing, Landlord shall not be liable or responsible for,
and there shall be excluded from the computation of such periods of time, any
delays due to strikes, riots, acts of God, shortages of labor or materials,
national emergency, acts of the public enemy, governmental restrictions, laws
or regulations, or other cause or causes, whether similar or dissimilar to those
enumerated, beyond Landlord's reasonable control.
19.4 Nothing herein contained shall be deemed or construed by the
parties hereto, nor by any third party, as creating the relationship of principal
and agent or of partnership or of joint venture between the parties hereto, it
being understood and agreed that neither the method of computation of rent, or
any other provision contained herein, or any of the acts of the parties hereto,
shall be deemed to create any relationship between the parties here other than
that of Landlord and Tenant.
19.5 One or more waivers of any covenant, term or condition of this
lease shall not be construed as a waiver of a subsequent breach of the same
covenant, term or condition. The consent or approval shall not be deemed to
waive or render unnecessary consent to or approval of any subsequent similar
act.
19.6 The captions employed in this lease are for convenience only
and are not intended to in any way limit or amplify the terms or provisions of
this lease. Whenever herein the singular number is used, the same shall
include the plural, the words of any gender shall include each other gender
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wherever the context requires. This lease shall not be construed against either
party more or less favorably by reason of authorship or origin of language.
19.7 This lease contains the entire agreement between the parties
and no agreement shall be effective to change, modify or terminate this lease in
whole or in part unless such agreement is in writing and duly signed by the
party against whom enforcement of such change, modification or termination is
sought.
19.8 Notwithstanding anything else herein contained to the contrary,
Tenant 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, Tenant shall
give the Landlord 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 Tenant shall not be obligated to make any rental payments
beyond the end of the sixty-day notice. Landlord shall have all the rights and
remedies under the law to take possession of the premises in the event of such
cancellation, subject to section 7.4 above.
19.9 The provisions of Exhibit 4 containing the bid specifications for
this lease are incorporated herein by reference for all purposes, and in the
event of conflict with this lease shall be controlling.
EXECUTED this the day of , 1981.
ATTEST: LANDLORD COMPU-CENTER, INC.
Secretary
ATTEST:
(Name and Title)
TENANT - CITY OF CORPUS CHRISTI
Bill G. Read, City Secretary R. Marvin Townsend, City Manager
APPROVED: _ DAY OF , 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
=�C
Bob Poe,
Director, Data Processing
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CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared , known to
me to be the person and officer whose name is subscribed to the foregoing
instrument and acknowledged to be that he executed the same as the act and
deed of Compu-Center, Inc., for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN under my hand and seal of office, this the day of
, 1981.
Notary Public in and for Nueces County,
Texas
My Commission Expires:
MUNICIPAL CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared R. Marvin Townsend, City Manager of the City of Corpus Christi,
Texas, known to me to be the person and officer whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same as
the act and deed of the City of Corpus Christi, for the puroses and
consideration therein expressed and in the capacity therein stated.
GIVEN under my hand and seal of office, this the day of
, 1981.
Notary Public in and for Nueces County,
Texas
My Commission Expires:
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The following refers to those sections so indicated on the attached
floor plan requiring physical changes to the existing building and lot
immediately to the rear of the building.
,1Aee
Remove 2 inside walls, fill with concrete to floor level and re -
floor with vinyl covering.
Install "1/2" door as indicated with counter top.
Install counter as indicated and remove wall except as needed
for counter portion.
"D" Remove wall.
'E" Install "1/2" door as indicated with countertop.
'I?' Remove wall.
"G" Remove wall.
'1i' Remove wall.
Enclose and seal doorway.
'4C' Install ramp, raise door and install doorway.
1111
1141,
teat
e ere,
"Q"
Enclose 2 sides of air conditioning unit.
Enclose air conditioning unit.
Install new door then provide no access thereof. (seal off).
Install new vinyl floor in areas where_walls are removed and in.
certain arras of existing vinyl covered floor.
Close off doorway access and block over -window.
Reade walls and install wall to provide for larger enclosed
room.
Relocate water fountain to existing employee lounge, relocate
shelfs to front closet adjacent to .ELouL entrance.
Recarpet as required in this area.
"R" Install walls to provide foxan area approximately 10' X 12'.
Iti III
1
"S" Remove existing wall.
"S" Install raised flooring and match existing raised flooring tile color as close
1 as possible.
Install carpet.
ITT
"11,
Remove and place existing air conditioning units to roof.
Install "Black Top" parking area on property adjacent to rear
of building.
Remove built-in counter and shelves.
EXHIBIT
'133.11. 3
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
k.l. CORPUS CHRISTI, TEXAS
BID INVITATION
dans Young,Re21,$state January 21,
ins
Associate;' CoomterciaT-DiSfsion
.41 S. Alameda
MCozus Christi., Texas 78471
..ase quote as per instructions indicated below for the articles describedBids must be submitted on our forms to be considered. This inquiry is in duplicate.
Original must be returned to us properly filled out. Duplicate to be retained by you.
No charges will beallowed for packing or cartage.•
•
Quotations must be in this office by 11:00 A.M. February 10, 1981 { - /� "
?44.
5 YR. Lease—Office Spac •D•:Glenn Purchasing Agent.
• PLEASE MARK YOUR ENVELOPE for Data Processing Ratnt. RID## 248/81
SO YOUR BID WILL NOT BE OPENED UNTIL THE PROPER TIME
THIS IS NOT AN ORDER
19 81
-Bids to furnish the following will be received in the Purchasing Division, 319 N. Mesquite
Street, P. 0. Box 9277, Corpus Christi, 78408, until the time and date indicated above, and
- opened immediately thereafter in the Council Chambers, City Hall:
°Five 'Year lease of Office Space for Data Processing- Equipment in
;accordance with attached specifications and bid sheet.
.his Bid 'Invitation consists of the following documents:
- 1:- Bid Invitation, Fin 4, Form 3
2_= Proposal Specifications for Lease.
_ :, of Office Space for the Data -
Processing Department
.3. Bid Sheet
•
_Vie 'Bid Invitation and the Bid Sheet.taust be properly completed and submitted, with supportive
data, es your bid.
•
`�0®flietof ftttcesc-Ary member of the Council, officer or employee of the City is prohibited by the City Charter in becoming interested directly or
indireetiytt any contract osputchase by the City."
If delay in delivery as specified on the Purchase is foreseen, supplier shall give written notice to Purchasing Office immediately. The City has the right to
tuctend the delivery date if reasons appear valid. Supplier must keep the City advised at all times of the status of order. Default in promised delivery (without
e aooepted reason) or failure to meet specifications, authorizes the City of Corpus Christi to purchase material elsewhere and charge full increase in cost and
randting to the defaulting supplier and could also be reason for cancellation of the Purchase Order (at no expense to the Cny) if the City of Corpus Christi
deernsitnexssary- • .
' i The City:esetves the right to reject any or all bids, as well as the right to determine the most advantageous bid.
To: -CRY OF CORPUS CHRISTI
%'x PURCHASING DIVISION
-T• We quoteyou as above F.O.B_ Shipment will be made days from receipt of order.
e'fIDS+.,i, .
P tr_es r ' • By
'" ".'It -shall
lll be -understood that cash or term discounts shall be based on payment within a specified time from date material is received and not from date of
Eicl,rbrf-
Proposal Specifications for Lease of Office Space
for the Data Processing Department
Processing Department.
The City will receive proposals for•the lease of office space for its Data
•
The proposal must meet the following minim.= requirements:
1) ' It is mandatory that the location of the entire office space, including the
storage space, be fifteen feet above sea level.
2) It is mandatory that the entire office area have sufficient security to insure
that the area can be locked and secured from the general public.
3) It is desirable that the location of the office space be centrally located
within the City. Preference will be given to locations in the "88" telephone
-exchange. The boundaries of this area are:
Ocean. Drive to Louisiana,
Louisiana to Baldwin, and
Baldwin to Cantwell.
4) 'Must have parking spaces to accommodate thirty (30) vehicles. It is desirable
that all parking spaces be_adjacent to the facility.
5) Must have a ground floor receiving dock with enough space to accommodate trucks
- which are fifty (50) ft. in length.
• 6) Must have at least 500 square_feet of storage space to be used for on -sight
storage of computer supplies_
7) It is desirable that all storage space be -located on the -ground floor.
8) Must have at least 1,400 square feet of contiguous space to be utilized as a
computer room. This roommmust-have at least eighteen tons of air conditioning
for cooling of computer equipment,
'9) It is desirable that the computer room floor be covered with raised flooring
in order to protect and Cover cabling related to the computer equipment installed
in the computer room.
10) The doors to the computer room -must be at least.thirty-six (36) inches wide.
11) Must have enough office space to accommodate at least twenty-five
and administrative personnel. y -five (25) clerical
12) Must have at least fifteen (15) separate phone line outlets to accommodate the
City's telecommunication network. -
. 13) Must have at least a 400 amp -electrical outlet for the computer room. This
outlet must be separate from the rest of the office electrical controls.
14) Normal janitorial service must be -provided on a nightly basis.
. 15) Central heat and air conditioning must be provided in all office areas.
16) Routine building maintenance -must be provided on an as -required basis.
17) All utilities are to be furnished by the lessor with the exception of
electrical and telephone. The Cit
- of •
ectrical power providing adequate meteringish at mts own
can be providedexpense all
- 18) The City will provide at its own expense all electrical power service to the
19) computer room and all associated computer equipment.
The City must be able to terminate the lease agreement after two and one half (2 1/2
years with a six months notice.
20) The term of the lease shall be for five (5) years, commencing on the 1st day
of May, 1981.
City of Corpus Christi
Purchasing Division
BID SHEET
Bid Invitation No. 248/81
Five year lease of office space in accordance with Proposal Specifications for
Lease of Office Space for the Data Processing Department.
Total 5400
_Location of Space:
square feet @ $ .8361 per square foot, payable monthly.
1015 Santa Fe
Corpus Christi, Texas
-In.addition to this Bid Sheet, bidder must submit a proposal addressing -each of the
twenty (20) items listed on the -specifications.
Bidders Name: CcDP1 Center, -mac- Telephone: 853-6455
Person Authorized to
Sign (Type or Print): MyrLle Isabella Jordan Title: President
Signature: n , jr-a2.14204, ;'i
Date:
Corp s Christ'�)�Texas
day ofd'/'GQ�.ft
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,
MAYO
The Charter rule was suspended
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
THE CITY OF CORPUS CHRISTI, TEXAS
by the following
vote:
The above ordinance was passi by the following vote:
Luther Jones OF
Edward L. Sample L".
Dr. Jack Best 11
Jack K. Dumphy ',
Leopoldo Luna
e
Betty N. Turner Ilir
Cliff Zarsky IT,
16093
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