HomeMy WebLinkAbout17931 ORD - 11/09/1983AN ORDINANCE
REPEALING ORDINANCE 17288 WHICH AUTHORIZED A LEASE AGREEMENT
WITH UTEX, INC., DBA BUSINESS DATA CONCEPTS, INC.; AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CARIBBEAN
BLUE LTD., INC., FOR LEASE OF PROPERTY LOCATED AT 613 SOUTH
SHORELINE FOR A THREE YEAR TERM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That,Ordinance 17288, passed by the City Council on
October 6, 1982, which authorized a lease agreement with Utex, Inc., dba
Business Data Concepts, Inc. for property located at 613 South Shoreline, is
hereby repealed.
SECTION 2. That the City Manager be authorized to execute a lease
agreement with Caribbean Blue Ltd., Inc., for property at 613 South Shoreline
for a three year term, all as more fully set forth in the Security Deposit.
Agreement and the Commercial Property Rental Contract, copies of which are
attached hereto and made a part hereof marked Exhibits "A" and "B" respectively.
.17931
SEP h 61964
MICROFILMED
SECURITY DEPOSIT AGREEMENT
for property located at 613 S. Shoreline Blvd. , 1983.
Landlord hereby acknowledges receipt from Tenant of the sum of
$600.00 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
with any other property of Landlord. Such security deposit shall be
returned to Tenant only after each and all of the following conditiions
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.
The term "sixty (60) Days Written Notice", as used herein and
in the attached 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.
3. Tenant must have fully paid all charges, damages, and rentals
due from Tenant under the terms of the attached Lease Agree-
ment.
4. Tenant's forwarding address or addresses must have been left
with Landlord.
S. The building has been cleaned thoroughly. (Note: When Tenant
moves out, Tenant is urged to inspect the demised premises
-la-
1 b: `U1'
with Landlord's representative during normal business hours,
using the MOVEIN (OUT) INVENTORY AND CONDITION form.
6. After inspection by Landlord's representative, appropriate
charges will be deducted for any unpaid damages or repairs to
the demised premises or its contents (beyond reasonable wear
and tear); insufficient light bulbs; sticker, scratches,
burns, or holes, etc. on the walls, doors, floors, draperies,
carpets and/or furniture, etc. A charge of $3.00 per un -
returned door or mailbox key will be made.
If Tenant fails to clean before moveout, reasonable charges
to complete such cleaning shall be deducted.
It is hereby agreed and understood that a fixed fee may be
retained for special cleaning that must be done commercially
or by Landlord's employees such as carpet cleaning, appliance
cleaning, or floor waxing, etc. Said fixed fee is now agreed
to be $ N/A . (Omit if inapplicable.)
After the above conditions have been complied with by Tenant
the balance of the security deposit will be mailed to Tenant's
forwarding address, along with an itemized accounting of any
charges or damages no later than thirty (30) days after move -
out.
If Tenant fails to move in after signing the attached Lease
Agreement, Landlord may sue for damages incurred (including
attorney fees) and Tenant's security deposit will be for-
feited in full.
-2a-
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
(LANDLORD)
By
City Secretary Edward A. Martin, City Manager
APPROVED:
447: -Ii DAY OF eer
J. BRUCE AYCOCK, CITY ATTORNEY
By
l
Assistant CityAyorney
ATTEST:
1983.
Tom Focy1
Secret: y
LANDLORD
APPROVED:
James K, Lontos, P.E.
Assistant City Manager
CARIBBEAN BLUE LTD., INC.
By e dt/1 e,i.- $I, 4uG, // /¢X7-
-3a -
TENANT
COMMERCIAL PROPERTY RENTAL CONTRACT
THE STATE OF TEXAS X
COUNTY OF NUECES
This contract made the
of
198_, 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
Caribbean Blue Ltd., Inc.
hereinafter called "TENANT ".
W ITNESSET H:
The LANDLORD does hereby rent a certain c o m-
m e r c i a 1 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 lst, day of November
1983, at a monthly rental of Eleven Hundred Dollars and
no cents...,
($1,100.00), first and last month's
rent due at beginning of this lease and then $:.100.00 payable on
the first day of each succeeding month, with said rental in-
creasing (107.),ten percent over and above the previous year's
rental for each successive year; said lease will be in ef-
fect, until 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 O F
CORPUS 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 without written consent of 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
"Commerical Property Rental Contract"
613 S. Shoreline - Caribbean Blue Ltd Inc
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 and yard 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.
=:7:7-5. 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 - Caribbean Blue Ltd 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 commoh 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 - Caribbean Blue Ltd Inc
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 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 - Caribbean Blue Ltd Inc
Page 5 of 10
Ail notices to be givers 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 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 general
office
of Landlord.
purposes except with the written consent
14. A11 property of the Tenant now or hereafter
"Commercial Property Rental Contract"
613 S. Shoreline - Caribbean Blue Ltd Inc
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•td 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 on account of any holding
over against Landlord's will after the termination
"Commercial Property Rental Contract"
613 S. Shoreline - Caribbean Blue Ltd 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 he 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 - Caribbean Blue Ltd Inc
Page 8 of 10
23 SECURITY DEPOSIT.
Tenant has deposited with the Landlord the sum of $600_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 below 50% 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 default.
"Commercial Property Rental Contract"
613 S. Shoreline - 'Caribbean Blue Ltd 'Inc
Page 9 of 10
In WITNESS, we have hereunto set our hands in duplicate originals
this the day of , 1983.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary Edward A. Martin
City Manager
ATTEST:
APPROVED this (4g day of
. 1983.
J. BRUCE AYCOCK, CITY ATTORNEY
By: /ea
Assistant Ci S'• torney
APPROVED:
LANDLORD
Tom '..wl°r. - ecretary
"Commercial Property Rental Contract"
613 S. Shoreline
Page 10 of 10
James K. Lentos, P.E.
Assistant City Manager
CARIBBEAN BLUE LTD., INC.
BY 4 � Pit L44.7-
TENANT
That the foregoing ordinance wqrs
second reading on this the c
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
That the foregoing ordinance
third reading on this the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
read for
aa�c of
f'rs time and @aged to
({� , 19a , by
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
was, read for
day of
That the for ggi�ng ordina
on this the '►'h.day of
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
its
the
sed to its
, by the
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
was real for the ird time and passed finally
, 19,y , by the following vote:
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
PASSED AND APPROVED, this the
ATTEST:
APPR ED: 0424
of AY OF
, 19,k:
J. BRUCE AYCOCK, C TY ATTtRNEY
By
day of
MAYOR
likubrea4f-
a7//
fr
THE CI Y OF CORPUS CHRISTI, TEXAS
17931
^ •
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3890 H.T C=
ei$ P./MAGI3!O6wste
+A.nw.0E 91NANCE9 ila'1
ON SEC7..-,917'READING
REPEALING ORDINANCE
17288 WHICH AUTHO;
RIZED`- A LEASE
AGREEMENT WITH
UTEX, INC., DBA BUST'
NESS DATA CONCEPTS,
INC.; AND AUTHORIZING
THE EXECUTION OF AN
AGREEMENT WITH CA-
RIBBEAN BLUE LTD.,
INC., FOR LEASE OF
PROPERTY LOCATED AT
613 SOUTH, SHORELINE
FOR A THREE YEAR
TERM.
Was passed on second
reading by the City Council
of the City of Corpus Chris-
ti, Texas on the 2nd day of
November, 1983. The full
text of said ordinance Is
available to the public in
the Office of the City Secre-
tary.
•0 -Bill G. Read
City Secretary
Corpus Christi, Texas
��eNOT`ICE OF �_
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, Ls:
County of Nueces. J
AD#2706
City of C.C.
Before me, the undersigned, a Notary Public, this day personally came
GRACIE DE LUNA , who being first duly sworn, according to law, says that he is the
ADM. ASST. SECRETARY 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...
of which the annexed is a true copy, was published in
CALLER -TIMES PUBLISHING CO.
on the?th._ day of November 19 83, and once each day thereafter for
consecutive day
One
30.69
Times.
GRACIE DE LUNA
Adm. Asst. Sec.
Subscribed and sworn to before me this
one
10th day of Uoy..Alb.r 19 83
Notary Public, Nu . County, Texas
EDNA KOSTER