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.
...
.