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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agreement with Utex, Inc., dba Business Data Concepts, Inc. for property located at 613 South Shoreline, is hereby repealed.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 ^ • • 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