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HomeMy WebLinkAbout16994 ORD - 04/14/1982AM ORDINANCE REPEALING ORDINANCE NO. 16892 WHICH AUTHORIZED LEASE AGREEMENT WITH BOB AND MITA CARRELL; AUTHORIZING AN AGREEMENT WITH HENNA CHEVROLET, INC. DBA U -SAVE RENT -A -CAR, AT 613 S. SHORELINE, FOR A THREE-YEAR TERM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 16892, passed and approved by the City Council on February 24, 1982, authorizing a lease agreement with Bob and Nita Carrell for a term of three years, be and the same is hereby repealed. SECTION 2. That the City Manager be and he is hereby authorized to execute a lease agreement with Henna Chevrolet, Inc., dba U -Save Rent -a -Car for use of the property located at 613 S. Shoreline, described also as 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". 16994 DACittE111110 sEp 2 8 1994 COMMERCIAL PROPERTY RENTAL CONTRACT THE STATE OF TEXAS 1 COPTY OF NUECES • • This contract made the 12th. Of March 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 Henna Chevrolet, Inc., dba U -Save Rent -a -Car hereinafter called "TENANT ". W ITNESSET H: The LANDLORD does hereby rentacertain co m- mercial 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 19th. day of April 1982, at a monthly rental of Eight Hundred and Nine Dollars and no cents ( $809.00 ), payable in advance on the first day of each month, with said rental increasing (107.) 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 FIRST 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 10 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. • 2. In case of defaillt 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 "Commerical Property Rental Contract" 613 S. Shoreline - U -Save Rent -a -Car Page 2 of 10 ' 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 on 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 - U -Save Rent -a -Car Page 3 of 10 - - or other termination of this lease, Tenant shall deliver up the 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 OR 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 be given a reasonable time to cure any such defects or dealare this lease null and void: 8. Tenant hereby covenants and agrees at all times to indemnifyandsave 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 ha-rmless the -- *See page 9. "Commercial Property Rental Contract" 613 S. Shoreline - U -Save Rent -a -Car Page 4 of 10 - • , 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. All 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 shalt 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 - U -Save Rent -a -Car Page 5 of 10 • 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 1801 N. 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 damke 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 suchactions. 13. Said premises shall not he used by Tenant during the term of this contract for other than general office and purposes except with the written consent car rental of Landlord. 14. All property of the Tenant now or hereafter "Commercial Property Rental Contract" 613 S: Shoreline - U -Save Rent -a -Car Page 6 of 10 - 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 th'e Landlord's lien provided by law. I 15. If, for any reason,1 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 became 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 came to an end. 17. It is agreed and understood that any holding over ' 1 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 on account of any holding over against Landlord's will after the termination "Commercial Property Rental Contract" 613 S. Shoreline - U -Save Rent -a -Car Page 7 of MO . 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 respective 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 - 1J -Save Rent -a -car Page 8 of 10 23. Parking and storage of Lessee's rental vehicles shall be in the parking lotprovidedto the rear of the office . building and in no event shall Lessee. utilize street parking for its rental vehicles. Lessee further agrees that all main- tenance and repair of its rental vehicles shall be conducted off-site and that no maintenance or repair activities be al- lowed.on the premises at anytime. *7. including the vehicles for hire Provisi9ns of Chapter 57 of the City of Corpus Christi Code of Ordinances, as amended. "Commercial Property Rental Contract" 613 S. Shoreline - U -Save Rent -a -Car Page 9 of 10 - In WITNESS, we have hereunto set our hands in duplicate originals this the day Of » 198_. Bill G. Read City Secretary • ' By CITY OF CORPUS CHRISTI Edward A. Martin City Manager LANDLORD APPROVED this , 1982=r J. BRUCE AYCOCK, CITY ATTORNEY By As 4-we/b. -fiat- tant City Attorney APPROVED: James K. Lontos, P.E. Assistant City Manager HENNA CHEVROLET, INC., dba U -Save Rent -a -Car• Alan Greiner, General Manager , "Commercial Property Rental Contract" 613 S. Shoreline - Pagel() of 10 TENANT That the foregoing ordinance was read for firs; time gild passed to its second reading on this the ,3J day of R4.4..4.. , 19b2., , 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 foregoing ordinance rfread for t third reading on this the (Ft' day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing rdinance wa on this the / day of 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 seco d time anAjassed to its , by the ad.f r the thil4 time and passed finally , 19 "44.--, by the following vote: ATTEST: //day of Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS f5/ DAY OF APPROVED: J. BRUCE COCK, ITY ATTORNEY , 19 €Y2' . ZARc: PUBLISHER'S *AFFIDAVIT v. 362792 city of c.c. STATE OF TEXAS, Ls, /& County of Nueces. Before me, the undersigned, a Notary Public, this day personally came N,BILLIE J. HENDERSON , who being first duly sworn. according to law, says that he the ACCOUNTING OultK 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 PASSAGE of which the annexed is a true copy, was published in 5th APRIL 82 on the day of 19 and once each day CORPUS CHRISTI CALLER -TIMES consecutive. one Times. 23.40 Subscribed and sworn to before me this 8th APRIL of —19 82- 6:24114--, day thereafter for One Notary Public, County, Texas 14111.1@illa tow liarttR AT—, • qft1P10 ra.a.