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HomeMy WebLinkAbout18515 ORD - 10/16/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH B. F. GOODRICH COMPANY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE - CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a month to month lease agreement with B. F. Goodrich Company for the rental of a commercial building at 1221 Leopard Street for a monthly rental of $1,500, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned lease agreement at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 16th day of October, 1984. ATTEST: Cit '4:-ft2e°" ecretary APPROVED: /,'DAY OF OCTOBER, 1984 J. BRUCE AYCOCK, CITY ATTORNEY 41111N. By ssi, � ,' ne— MAYOR THE CI OF CORPUS CHRISTI, TEXAS 18515 COMMERCIAL PROPERTY RENTAL CONTRACT THE STATE OF TEXAS COUNTY OF NUECES 6,/. 07 This contract made the of nt,o„st , 198 4, between the City of Corpus Christi, Texas, a home rule city and municipal cor- poration under the laws of the State of Texas, hereafter referred to as "Landlord” and The B.F.Goodrich Company hereinafter called "Tenant". W ITNESSET ll: The Landlord does hereby rent a certain commercial building and premises located at 1221 Leopard Street on the W. 60' of Lot 6, all of Lots 7,8,9, Block 45, Bluff Portion in the City of Corpus Christi, Texas on a•month-to-month basis, commen- lst cing on the 4114. day of 43m _l„ly , 1984, at a monthly rental of One Thousand five hundred and 00/100 dollars by check mailed from Akron, Ohio ($1,500.00), payable in advance/on the first day of each month and ter - /business minating on a5ififiEilklx, 1984. except that tenant may extend this term up to December 31, 1984, by giving landlord at least fifteen days' written notice prior to October 31. TENANT AGREES AS FOLLOW S: 1. To pay each month's rent as it becomes due. kxics:xduexsn theofxbratiximixxxisimmftxuernthx4& check gaXlsartmxnxkmx for the full a- mount a- mountlOmboohecmade payable to the CITY OF CORPUS CHRISTI and then mailed KERM6a xto: City of Corpus Christi Property and Land Acquisition 1801 N. Chaparral Corpus Christi, Texas 78401 so as to reach Landlord before 5:00 0th day of each month. p.m. on the �m)odago. No rents will be pro -rata refunded unless agreement is terminated by Landlord without cause prior to the last day of the month in which the rent has been paid. In addition thereto, itis hereby agreed as follows: 1. Tenant shall pay the Landlord said rent in the manner herein- above specified, and shall not let or underlet the whole or any part Page 1 of 7 of. said.premises, nor sell or,assign this contract, either volun- tarily or by operation of law, nor allow said property to be occupied by anyone contrary to the terms hereof, without the written consent of the 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 continues for a period of ten (10) days after Landlord notifies said Tenant of such default and his intentions to declare the lease forfeited, 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 a- gent or attorney may resume possession of the premises and re -let the same for the remainder 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 addi- tions to or alterations of such premises occupied by Tenant. Tenant shall take possession in an "as -is" condition. 5. Landlord shall at all times at his sole cost and expense keep "Commercial Property Rental Contract"(month-to-month) B.F. Goodrich Co. 1221 Leopard St. Page 2 of 7 •the roof, foundation, 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 or Tenant's invitees. In the event that the building situated upon the demised premises should become in need of repair required to be made by the Landlord hereunder, Tenant shall give immediate 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 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 excepted. Landlord hereby agrees that Tenant may remove its signage and tire racks at the termination of this lease. 6. The Tenant shall not permit the premises to be occupied for any purpose or business deemed illegal, disreputable or extra hazardous on account of fire, nor permit anything 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 or Tenant's invitees, there shall be any increase in the rate of in- surance 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 health and occupancy permits (if applicable) to the municipal authority involved within five (5) days from date. In the event Tenant is unable to obtain an occupancy permit hereunder 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. "Commercial Property Rental Contract"(month-to-month) • B.F. Goodrich Co. 1221 Leopard St. Page 3. of 7 8.. Tenant hereby covenants and agrees at all times to indemnify and save harmless the Landlord from and against any cost, liability, or expense arising out of any claims of any person or persons whatsoever by reason of the use or misuse of the demised premises, parking area, or common facilities by Tenant or Tenant's invitees or any person or per- sons holding under Tenant, and shall indemnify and save harmless the Landlord from any penalty, damage, or charge incurred or imposed by reason of any violation of law or'ordinance by Tenant or Tenant's.in- vitees or any person or persons holding under Tenant, and from any cost, damage, or expense arising out of the death of or injury to any person. _ 9. The Tenant shall not make any alterations, additions, or improvements to the demised premises without the prior written con- sent of the Landlord. All fixtures (including floor coverings), alterations, additions, and improvement's (except trade fixtures) put in at the expense of the Tenant, shall be the property of the Land- lord and shall remain upon and be surrendered with the demised premises as a part thereof at the termination of this lease. If alterations to the premises are made by the Tenant, including but not limited to re- moval of any walls, the Tenant shall at Landlord's option restore the premises to the original condition at the termination of this 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 alterations, changes, or repairs to the demised premises as are herein required or as Landlord may deem necessary for the preservation of the demised premises or to assure compliance with the law. 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 there- of, 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 pre- mises to prospective tenants or purchaser at all reasonable times. All notices to be given under the provisions of this lease "Commercial Property Rental Contract"(month-to-month) B.F. Goodrich Co. 1221 Leopard St. Page 4 of 7 shall be, mailed to Tenant addressed to 5cidlx§iftWiCstRskxpBemisas and to Landlord addressed: Property and Land Acquisition City of Corpus Christi 1801 N. Chaparral Corpus Christi, Texas 78401 11. Tenant shall, in case of damage by fire or other hazards, give immediate 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 declare this lease at an end and the rent be paid to the time of the damage. Should Landlord decide to repair the pre- ises for use of Tenant, in the event of total or partial destruction 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 a- bated until said premises shall, by Landlord, be put back, insofar as possible, in the same condition as the same existed prior to the destruction. 12. In the event Landlord should be compelled to commence or sustain an action at law to collect said rent or parts thereof or to t dispossess Tenant or to recover possession of said premises, Tenant shall pay all cost 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 retail auto supplies and service purposes except with the written consent of Landlord. 14. ALL PROPERTY OF THE TENANT NOW OR HEREAFTER PLACED IN OR UPON TILE DEMISED PREMISES (EXCEPT SUCH PART OF THE MERCHANDISE THAT IS TO BE SOLD FROM TIME TO TIME IN THE ORDINARY COARSE OF TRADE) TS HERE- BY SUBJECTED TO A LIEN IN FAVOR OF TIIE LANDLORD AND SHALL BE AND RE- MAIN 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. "Commerical Property Rental Contract"(month-to-month) B.F. Goodrich Co. 1221 Leopard St. Page 5 of 7 * The B.F.Goodrich Company 500 South Main Street Akron, OH 44318 Attention: Real Estate Department 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 affected 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 bankrupt, 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. In the event of litigation on this instrument and should one or more clauses be found invalid all other provisions of this lease are to be given their full force and effect as far as practicable. 18. The covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, 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. "Commercial Property Rental Contract"(month-to-month) B.F. Goodrich Co. 1221 Leopard St. Page 6 of 7 1 IN WITNESS, we have hereunto set our hands in triplicate originals this the day of , 198_. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By Bill G. Read Edward A. Martin City Secretary City Manager APPROVED this day of 198_. J. BRUCE AYCOCK, CITY ATTORNEY By: LANDLORD B. F. Goodrich Company TENANT By Assistant City Attorney APPROVED: James K. Lantos, P.E. Assistant City Manager "Commercial Property 'Rental Contract" (month-to-month) B.F. Goodrich Co. 1221 Leopard St. Page 7 of 7 Corpus Christi, Texas /6'I -day of w� G t.! , 198 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik