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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 "11. _ .e N cj p, AUA,„ OF IRST 0 /2 - ORDim';-E OF F --NCE '. IR, TmHaRF1511-ING -,...„ 1 UTE AAN, AGER .g., TH iSiETN T IN'T.FaSE AGREE. EXE- 4 EAt 5 8 ANDE ESTATE CARRELLAN_FOR P I - STMEN OFFICE IN RTy AT 613S. p ni, HE CIT FOR •"... SHORE- INE,-- A TERM FmORE p ALL °Ar THREE .YEARS, ME NT, „LEAsE SET Fo--- AoRRTH IN THEYLLy COPY 0. SUBSTANTIAL WHICH 12 AT- TACHEDF I MADE HERETO A MARK m PART ,_ ED EXHIBIT ,, HERE AND OF, Was Pes,:ed A”, o the no by the o. on first read-. n the mCehrlstl, Texas It0 of CorpusY Council 8 982. The tuff rex; r, avaIlar 'Id or-. ebruary, ft ,. 11 the 0H, 0 the- ubliel la V Secretary. ' • 07 the tC x.... 1.13111 G. Re d chrIsti, I ' a ; „....1,..--..._ - , 1Y SeCretary r--------..---• Tex I PA TIDE OF - , DRDISAGE or . SECONirCE ON mUTH0E READIN, MANAG --O THE— ' IZI'N' 4.EXECCI TY A LEAEEER To WITH 80 AG'REEMENT' UTE CAR- RELL a AND NITA ENT" AND IR REAL ESTATE FICEs INVESTMENTT. ATE , OWNED IN THE OF. , Cs s. s. PROPER...CI Ty. TERM OF THE ',Y, AT' ALL As iv; HEFE 'y's.'IR A FORTH ,'-'7.F1.1L. tARS, AGREELN E Icr., SET STANTFA a., A 'ASE ',WHICH qD. OpmSDB. HERETO IS TTAo OF PART He AN MA HED EXHIBIT 5E0F, DE A Was pa A". MARKED City _econcl ceding b "ed On s f the C risti, ,. 1' the , exas on" rho, Corpus gunci, • ruary, lye a 111h day proved 2, previa of Feb. , i on first eeaudsly ap.. text Februaryo, 1,0, 1982 The on ' available -8'd ordIncle fa" ' off', of ttha 'Ninth!' "e is e City s c M the -..— • .. ircret.ry CAI G. A, Y ecret ,,,, :arici leeaa ==== • X‘vtj.-