HomeMy WebLinkAbout16892 ORD - 02/24/1982AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE°A LEASE AGREEMENT
WITH BOB AND NITA CARRELL FOR REAL ESTATE AND INVESTMENT
OFFICES IN THE CITY -OWNED PROPERTY AT 613 S. SHORELINE,
FOR A TERM OF THREE YEARS, 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
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 with Bob and Nita Carrell for real estate and
investment offices in the City -owned property at 613 S. Shoreline (Lot 3,
Block 3, Rayne Tract), for a term of three years, 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.
VErt,
SEP z 8 1984
16892 MICROFILMED
(vntAviv
_77A
//
COMMERCIAL PROPERTY RENTAL CONTRACT
.111E STATE OF TEXAS
COUNTY OF NUECES
This contract made the 3rd. Of February
1982, between the City of Corpus Christi, Texas, a home rule
city and municipal corporation under the laws of the State of
Texas, hereinafter referred to as "LANDLORD" and
Bob Carrell and Nita Carrell,
hereinafter called "TENANT ".
W ITNESSET H:
The LANDLORD does hereby rentacertain c o
in-
iuercial building and premises located at
613 South Shoreline Boulevard
on Lot 3, Block 3, Rayne Tract
in the City of Corpus Christi, Texas for a three (3 )
year period commencing on the 1st. day of March
1982, at a monthly rental of Seven hundred and fifty-five
dollars and no cents.... ($755.00 ), payable in advance
on the first day of each month, with said rental increasing
(10%) ten
percent over and above the previous year's
rental for each successive year; said lease will be in ef-
fect until such time as Tenant abandons said leased premises,
the term of the lease expires or the property is sold by the
City as provided herein.
Tenant agrees as follow s:
1. To pay each month's rent as it becomes due. Rent
is due on the F I R ST day of each month and check or
money order made payable to the CITY 0 F
C ORPUS CHRISTI for the full amount will be
Page 1 of 9
Ekev- 1.9"
delivered or mailed to:
City of Corpus Christi
Property and Land Acquisition
1801 N. -Chaparral_
Corpus Christi, Texas 78401
so as to reach Landlord before 5:00 p.m. on the due date.
'- No rents will be refunded unless agreement is terminated
by Landlord without cause.
In addition thereto, it is hereby agreed as follows:
1. Tenant shall pay the Landlord said rent in the man,.
ner•hereinbefore specified, and shall not let or underlet •
the whole or any part of said premises, nor sell or assign
this contract, either voluntarily or by operation of law,
nor allow said property to be occupied by anyone contrary
to the terms hereof, without the written consent of the
Landlord.
2. In case of default in any of the covenants herein,
Landlord may enforce the performance of this lease in any
modes provided by law, and this lease may be forfeited at
Landlord's discretion if such default continue for a period
of ten (10) days after Landlord notifies said Tenant of
such default and his intention to declare the lease for-
feited, such notice to be sent by the Landlord by mail or
otherwise to the demised premises; and thereupon (unless the
Tenant shall have completely removed or cured said 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 hereof, and Landlord's agent or attorney shall have
the right, without further notice or demand, to re-enter and
remove all persons and Tenant'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 Landlord's agent or attorney may resume posses-
sion of the premises and re -let the same for the remainder
"Commercial Property Rental Contract"
613 S. Shoreline - Carrell
Page 2 of 9
of the term at the best rent said agent or attorney may
obtain, for account of the Tenant, who shall make good any
. deficiency; and the Landlord shall have a lien as security
for the rent aforesaid upon all the goods, wares, chattels,
implements, fixtures, tools and other personal property
which are or may be put an the demised premises.
3. Tenant agrees to furnish at its own expense, the
following:
a) normal janitorial service,
b) routine building maintenance,
c) all utilities including but not limited to
water, gas, electricity, garbage disposal
and telephone service.
4. Landlord shall not be under any obligation to make
any additions to or alterations of such premises occupied by
Tenant. Tenant shall take possession in an "as -is" condi-
tion.
5. Landlord shall at all times at his sole cost and
expense keep the roof, foundation, air conditioning and heat-
ing units, and exterior walls (excluding all windows and
doors) of the building situated on the demised premises in
good repair and condition, except that Tenant shall repair
any damage caused by Tenant's negligence or default here-
under. In the event that the building situated upon the de-
mised premises should become in need of repair required to
be made by the Landlord hereunder, Tenant shall give immedi-
ate written notice thereof to Landlord and Landlord shall
proceed promptly to make such repairs.
Tenant shall throughout the term of this lease take good
care of the demised premises including the building and other
improvements located thereon, keep them free from waste or
nuisance of any kind, and make all necessary repairs, except
those expressly required to be made by Landlord, At the end
"Commercial Property Rental Contract"
613 S. Shoreline - Carrell
Page 3 of 9
or other termination of this lease, Tenant shall deliver up
Che demised premises with all improvements located thereon
in good repair and condition, reasonable wear and tear and
damage by fire, tornado, or other casualty only excepted.
6. The Tenant shall not permit the premises to be oc-
cupied for any purpose or business deemed illegal, disreput-
able or extra hazardous on account of fire, nor permit any-
thing to be done in or about the demised premises which will
in any way increase the rate of fire and liability insurance
on the building or on the property kept therein; and in the
event that, by reason of acts of the Tenant, there shall be
any increase in the rate of insurance on the building or
on the contents thereof the Tenant hereby agrees to pay the
amount of such increase.
7. Tenant agrees to comply with all laws, rules and
orders of Federal, State and Municipal Governments and all
of their departments applicable to the demised premises.
Tenant, at his own expense, will make application for
occupancy for permit (if applicable) -to the municipal
authority involved within five (5) days from date. In the
event Tenant is unable to obtain an occupancy permit here-
under for any reason, Landlord, at his option shall a given
a reasonable time to cure any such defects or declare this
lease null and void:
8. Tenant hereby covenants and agrees at all times to
indemnify and save harmless the Landlord and the demised
premises from and against any cost, liability, or expense
arising out of any claims of any person or persons what-
soever by reason of the use or misuse of the demised
premises, parking area, or common facilities by Tenant
or any person or persons holding under Tenant, and shall
indemnify and save harmless the
"Commercial Property Rental Contract"
613 S. Shoreline - Carrell
Page 4 of 9
Landlord from any penalty, damage, or charge incurred or im-
posed by reason of any violation of law or ordinance by Tenant
...or any person or persons holding under Tenant, and from any
cost, damage, or expense arising out of the death of or in-
jury to any person or persons holding under Tenant.
9. The Tenant shall not make any alterations, addi-
tions, or improvements to the demised Premises without the
prior written consent of the Landlord. Al). fixtures (in-
cluding floor coverings), alterations, additions, and im-
provements (except trade fixtures) put in at the expense of
the Tenant, shall be the property of the Landlord and shall
remain upon and be surrendered with the demised premises as
a part thereof at the termination of this lease. Any altera-
tions by Tenant to the building and more specifically any
removal of walls, shall be restored to its original condi-
tion in the event of cancellation of this lease for any
reason, or if upon expiration Tenant does not renew the
lease.
10. The Landlord or his representatives shall have the
right to enter the demised premises at all reasonable times
to inspect and examine the demised premises and to make al-
terations, changes, or repairs to the demised premises as
are herein required or as Landlord may deem necessary for the
preservation of the demised premises. Tenant shall not be
entitled to any abatement or reduction of rent by reason
thereof. During the last thirty (30) days of the term of
this lease or any extension thereof, the Landlord shall have
the right to post "For Lease" and/or "For Sale" signs on the
demised premises and during said period the Landlord or his
representatives shall have the right to show the demised
premises to prospective tenants or purchaser at all reason-
able times.
,"Commercial Property Rental Contract"
613 S. Shoreline - Carrell
Page 5 of 9
All notices to be given under the provisions of
this lease shall be mailed to Tenant addressed to the demised
premises and to Landlord addressed:
City of Corpus Christi
Property and Land Acquisition
1801N. Chaparral
Corpus Christi, Texas 78401
11. Tenant shall, in case of damage by fire or other
hazards include under "extended coverage" insurance, give im-
mediate notice to the Landlord, who shall thereupon cause the
damage to be repaired forthwith; but if the premises be by
the Landlord deemed so damaged as to be unfit for occupancy
or if the Landlord shall decide not to rebuild or remodel the
said building, then, at Landlord's option, Landlord may de-
clare this lease at an end and the rent be paid to the time
of the damage. Should Landlord decide to repair the premises
for use of Tenant, in the event of total or partial destruc-
tion by fire or other calamity, then, in such event, 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
Landlord, be put back, insofar as possible, in the same con-
dition as the same existed prior to the destruction.
12. In the event Landlord should be compelled to com-
mence or sustain an action at law to collect said rent or
parts thereof or to dispossess Tenant or to recover pos-
session of said premises, Tenant shall pay all costs in
connection therewith including a reasonable fee for the
attorney of Landlord in such actions.
13. Said premises shall not be used by Tenant during
the term of this contract for other than real estate and
investment office purposes except with the written consent
of Landlord.
14. All property of the Tenant now or hereafter
"Commercial Property Rental Contract"
613 S. Shoreline - Carrell
Page 6 of 9
placed in or upon the demised premises (except such part of
the merchandise that is to be sold from time to time in the
ordinary course of trade) is hereby subjected to a lien in
favor of the Landlord and shall be and remain subject to such
lien of the Landlord for the payment of all rents and other
sums agreed to be paid by the Tenant herein. Said lien to be
in addition to and cumulative of the Landlord's lien provided
by law.
15. If, for any reason, the premises herein demised
shall not be ready for occupancy by the Tenant at the time of
the commencement of this lease, this lease "shall not be af-
fected thereby, nor shall the Tenant have any claim against
the Landlord by reason thereof, but no rent shall be payable
for the period during which the premises shall not be ready
for occupancy; and all clAims for damages arising out of
such delay are waived and released by the Tenant. Rent for
any fractional month at the beginning or the end of this
lease term shall be prorated.
16. In the event that the Tenant shall become bank-
rupt, voluntary or involuntary, or shall make a voluntary
assignment for the benefit of creditors, or in the event that
a receiver for the Tenant shall be appointed, then, at the
option of the Landlord and upon ten (10) days notice to the
Tenant. or Tenant's representatives, of the exercise of such
notice, this lease shall cease and come to an end.
17. It is agreed and understood that any holding over
by the Tenant of the hereby demised premises at the expiration
of this lease shall operate -and be construed as a tenancy
from month-to-month at a rental of one and one-half times
the current monthly rental, and Tenant shall be liable to
Landlord for all loss or damage OR account of any holding
over against Landlord's will after the termination
"Commercial Property Rental Contract"
' 613 S. Shoreline - Carrell
Page 7 of 9
In WITNESS, we have here -unto set our hands -in duplicate
originals this the day of February 198_.
ATTEST:
CITY OF CORPUS CHRISTI
By
Bill G. Read Ernest Briones
City Secretary Acting City Manager
LANDLORD
APPROVED this 4( day Of
' February , 1982.
J. BRUCE AYCOCK, CITY ATTORNEY
By
04'
filforney
R. W. Coffin
Assistant Ci
APPROVED:
"Commercial Property Rental Contract"
613 S. Shoreline - Carrell
Page 9 of 9
James K. Lontos, P.E.
Assistant City Manager
Bob Carrell .
Nita Carrell
TENANTS
of this lease, whether such loss or damage may be contemplated
at this time or not.
18. In the event of litigation on this instrument and
should one or more clauses be found invalid all other pro-
visions of this lease are to stand as written.
19. The convenants and agreements herein contained shall
inure to the benefit of and be binding upon the parties hereto,
their respective heirs, legal representative, successors and
assigns. That the waiver by Landlord of any covenant or
condition herein contained shall not vitiate or waive the
same or any other covenant or condition contained herein
and that the terms and conditions contained herein shall
apply to and bind the heirs, successors and assigns of the
repsective parties hereto.
20. It is understood that the City reserves the right
to sell all or any part of the herein leased land at any
time during the term of this lease. Should said property be
sold by the City before the expiration date hereof and the
Purchaser or Tenant not be willing to take the same subject
to this lease and demands immediate possession, then the
Tenant agrees to vacate and give possession at any time with-
in sixty (60)days after receipt of notice to vacate.
21. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS
REQUIRED BY THE CITY CHARTER SHALL BE PAID BY LESSEE.
22. By Tenant's execution hereof, Tenant acknowledges
that he (she) (they) have read this agreement and understand
that this agreement is not binding on Landlord until properly
authorized by the City Council and executed by the City
Manager of the City of Corpus Christi, Texas.
"Commercial Property Rental Contract"
613 S. Shoreline - Carrell
Page 8 of 9
That the foregoing ordinance was read for
----second reading on this the day o
following vote:
' Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
first time and passed to its
, 19A2_ , by the,
That the foregoing ordinance was read for t second time awl passed to its
third reading on this the / day of 19 , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregolp ordinance
on this the 0.0Z day o
Luther Jones
Betty N. Turner
_
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the day of
ATTEST:
read for the thivd time and passed finally
, 19 &IL, by the following vote:
AeL
001,
401!
,
del.
4
de a
MAYOR
Ci Secretary
/04-- DAY OF
J. BRUCE AYCOCK, TY ATT
RNEY
By
16892
, 19g2_ .
THE C Y OF CORPUS CHRISTI, TEXAS
•-•
(
STATE OF TEXAS, Ls,
County of Nueces. )
PUBLISHER'S AFFIDAVIT
#V352364 -
CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE CORTEZ , who being first duly sworn, according to law, says that he is the
of the Corpus Christi Caller and The Corpus Christi Times,
ACCOUNTING CLERK
Daily N'ewspapers published at Corpus Christi, Texas,. in said County and State, and that the publication of
NOTIDE OF PASSAGE,...
of which the annexed is a true copy, was published in
on the day of 19.82., and once each
22nd FEBRUARY
THE CORPUS CHRISTI CALLER -TIMES
......
consecutive day
one Times.
day
LORRAINE CORTEZ
14:C.CU1TNTIITG- UrETIK
Subscribed and sworn to before me this 23rd day of FE UARY
EUGENIA S. CORTEZ
thereafter
4w4Clena
19
Notary Public, Nues unty, Texas
#V354651
PUBLISHER'S AFFIDAVIT c ITY OF C.C.
tr""—m•ro
STATE OF TEXAS, tss,
'County of Nueces. )
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE CORTEZ „ who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK
of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON FIRST13,ZADING„.—
of which the annexed is a true copy, was published in THE CORUS CHRISTI CALLER -TI•
MES
on the 1 5 tdhy of FEBRITARI 198 and once each day thereafter
consecutive
day
one Times.
$
•
2870 LORRAINE CORTEZ (9/2/40te.
=MTN-TING CLEfkRUARY
Subscribed and sworn to before me this 23rc1 day of 19 82
EUGENIA S. CORTEZ
•••
Notary Public, Nueces unty, Texas
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