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HomeMy WebLinkAbout17288 ORD - 10/06/1982AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH UTEX, INC., DBA BUSINESS DATA CONCEPTS, INC., FOR PROPERTY AT 613 S. SHORELINE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a lease agreement with Utex, Inc., dba Business Data Concepts, Inc., for the property located at 613 S. Shoreline (Lot 3, Block 3, Rayne Tract), for a term of three (3) 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." 17288 MICROBLME11. SEP 2 8 1984 Page 1 of 10 COMMERCIAL PROPERTY RENTAL CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES This contract made the 9th. of September 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 Utex, Inc., dba Business Data Concepts, Inc. hereinafter called "TENANT ". W ITNESS.ET H: The LANDLORD does hereby rentacertain co m- mercial building and premises located at 613 South Shoreline Boulevard 1 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 Feptember 1982, at a monthly rental of Eight Hundred Fifty Dollars and no cents ( 8850.00 ), first and last month's rent due at beginning of this lease and then $850.00 payable on the first day of each succeeding month, with said rental in- creasing (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 pre- mises, the term of the lease expires or the property is sold by the City as provided herein. Tenant agrees as follow s: 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 CORPUS CHRISTI for the full amount will be Erb. " 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 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 "Commerical Property Rental Contract" 613 S. Shoreline - Utex, Inc. ?age 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 art "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 - Utex, Inc. 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 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 be 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.- ha-rmless the "Commercial Property Rental Contract" 613 S. Shoreline - Utex, Inc. ?age 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 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" 13 S. Shoreline - Utex, Inc. age 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 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 comp&Iled 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 .he used by Tenant during the term of this contract for other than office products distributor of Landlord. purposes except with the written consent' 14. All property of the Tenant now or hereafter 'Commercial Property Rental Contract" i13 S; Shoreline - Utex, Inc. 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 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 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 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 on account of any holding over against Landlord's will after the termination "Commercial Property Rental Contract" 613 S. Shoreline - Utex, Inc. Page 7 of 10 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" 513 S. Shoreline - !Rex, Inc. 'age 8 of 10 23. SECURITY DEPOSIT. Tenant has deposited with the Landlord the sum of $500.00 as se- curity for deficiencies in rent payment and for damages, cumulative of all other remedies of Landlord therefor. Landlord may withdraw from this deposit from time to time for payment of past due rent and for costs, as determined by Landlord, for repairs not effected by Tenant as well as for cleaning upon vacation of premises by Tenant, reasonable wear and tear excepted. Any unexpended and un- encumbered balance will be refundable to Tenant within 30 days after Tenant surrenders the premises to Landlord. If, as a result of withdrawals by the Landlord for the above described purposes, the security deposit balance falls'belaw 507 of the amount original- ly deposited by the Tenant with the Landlord under the Security Deposit Agreement, Tenant shall, within 5 days after written de- mand is sent by Landlord, execute an additional Security Deposit Agreement for and deposit with the Landlord an amount sufficient to bring the unexpended security deposit balance back up to the amount originally deposited by the Tenant under the original Security Deposit Agreement. Failure to so replenish the unexpended security deposit balance shall ,constitute a de'fault. IN THE EVENT TENANT VACATES THE PREMISES WITHOUT GIVING THE LAND- LORD SIXTY (60) DAYS WRITTEN NOTICE AS SET FORTH IN PARAGRAPH 20 HEREIN, THE ENTIRE SECURITY DEPOSIT, OR ALL REMAINING PORTION THERE- OF, SHALL BECOME THE PROPERTY OF LANDLORD AS PARTIAL PAYMENT FOR THE DAMAGES OF SUCH VACATION. "Commercial Property Rental Contract" 613 S. Shoreline - Utex, Inc. Page 9 of 10 ATTEST: In WITNESS, we have hereunto set our hands in duplicate originals this the day of September 1982. ATTEST: CITY OF CORPUS CHRISTI By Bill G. Read Edward A. Martin City Secretary City Manager APPROVED this /3 day of September , 1982. J. BRUCE AYCOCK, CITY ATTORNEY Assistant City A t ney APPROVED: James K. Lontos, P.E. Assistant City Manager LANDLORD "Commercial Property Rental Contract" 613 S. Shoreline - Utex, Inc. Page 10 of 10 SECURITY DEFCSIT AGREEMENT for property located at 613 S. Shoreline Blvd. September , 1982 Landlord hereby acknowledges receipt from Tenant of the sum of $ 500.00 . Said sum is in full or part payment of the total se- . curity deposit required pursuant to the attached Lease Agreement. The purpose of said security deposit is to secure the performance of Tenant's obligations under the attached Lease Agreement, and Landlord is hereby given express permission to co -mingle such security deposit i4ith any other property of Landlord. Such security deposit shall be returned to Tenant only after each and all of the following conditions have been fully complied with by Tenant. . 1. The full term of the attached Lease Agreement must have ex- pired or been terminated without default by Tenant and Tenant must not have held over. "Holding over", as used in the at- tached Lease Agreement and in this Security Deposit Agreement, is defined as retaining possession of the demised premises after the termination of the Lease Agreement. 2. 'Sixty" (60) nAas, vntrriss NOTICE MUST HAVE BEEN GIVEN TO LAND- LORD BY LESSEE PRIOR TO DATE OF TERMINATION OR EXPIRATION. 3, The term 'sixty (.60) Days Written Notice", as used herein and in the attadhed Lease Agreement shall mean one (1) full calen- dar month in addition to any unexpired portion of a calendar month during which said written notice is received by Tenant Or by Landlord. 4. Tenant must have fully paid a]1 charges, damages, and rentals due from Tenant under the terms of the attached Lease Agree- ment. 5. Tenant's forwarding address or addresses must have been left with Landlord. Utex, Inc. -1a- That the foregoing ordinanc was read for t f.rst time aRd assed to its second reading on this the ;271.44_day of 9 Cr , 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 wa§,read for third reading on this the ..2751k day of following vote: Luther Jones Betty N. Turner Jack k.-bumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the forego n ordinance teknyez2/he thjad time and passed finally on this the day of by the following vote: Luther Jones , 1/4; • 4=meassed to its , 19 , by the Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. - Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the ATTEST: , ,a .5 of 4, -i -, l9) C. y Secretary MAY ( DAY OF J. BRUCE AYCOCK, By i ehKtt- qk NEY THE CITY OF CORPUS CHRISTI, TEXAS STATE OF TEAS, County of Nueces. }BS: PUBLISHER'S AFFIDAVIT CITY OF C.C. #V407779 , Before me, the undersigned, a Notary Public, this day personally came ...... _.....TLERAINL.Q.,2113.1111EZ. who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Timm Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of 11D.T.EL.01.2A3SAGE.... of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES onthe.4h daya OCTOBER 19 82 , and once each-. day :thereafter consecutive.. CIA.X. 20.70 LORRAINE C. MARTINEZ ACCOUNTING CLERK Subscribed and sworn to before me this day of (!, Plvkt,4 20th OCTOBER 82 19 ENCENIA S.CORTEZ f>44.-14 Notarf Public; Nueces County, Texas a. ... .