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HomeMy WebLinkAbout19621 ORD - 01/22/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH SYNCOR INTERNATIONAL CORPORATION FOR THE FORMER TOURIST AND CONVENTION BUREAU BUILDING AT 613 SOUTH SHORELINE; 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 lease agreement with Syncor International Corporation for the former Tourist and Convention Bureau Building at 613 South Shoreline, 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." - - • 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 fi st reading as an emergency measure this the 5/0(,/ day of �puaxw, , 1987 . ATTEST: Ci iy Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED :) h gDAY OF HAL GEORGE, CITY ATT O1P.134.01 , 1917 1.9621 MICROFlLMED SECURITY DEPOSI r ncrl.l ill wr fur property located at 613 S. Shoreline Blvd. 1986. Landlord hereby acknowledges receipt from Tenant of the sum of $ Said sum is in full or part payment of the total security deposit required pursuant to the attached Lease Agreement. The purpose of said security deposit is to stcnre rho performance of Tenant's obligations under the attached Lease Agreement, and Landlord is hereby given express permission to co -mingle sorb security deposit with any other property of landlord. Such sorority deposit shall be returned to Tenant only after each and 011 ul the fol lnwing conditions have been fol Ly compiled with by Tenant. I. The full tern of the attached Lease .igretsmni1 must have ex- pired or been terminated without dol dolt by Tenant and Tenant must nor have held over. "Ilul,liut; uv„ . as used in the At- tached Lease Agreement and in this Sor:u lty Deposit Agreement, is defined as retaining possession of the demised premises after the termination of the I.e:u,o Agit:mvut. 2. The term "sixty (60) Days Written )lutire", as used herein in the attached Lease Agreement shall mean one (1) full calendar 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 add resp or d,ldrrs•.r•: mist have been left with Landlord. 5. The building has been cleaned thoroughly. (Note: When Tenant moves not, Tenant is urged to inspect the demised premises with Landlord's representative donut; nurmdi Inolncss hours, using the f1OVClil (ILIIT) INVENTORY AND CONDITION form.) 6. After inspection by Landlord's reprrsrntdt ive, appropriate charges will be deducted for any uupdid dnndgos or repairs SYNCSR 1NTLBNATI(INAL CORP. to the demised premises or Its content'. (heyund reasonable wear and tear); Insufficient light hulks; stickers, scratches, burns, or holes, etc. nn the walls, doors, floors. draperies, carpets and/or furniture, etc. A charge of $3.00 per unreturned door or mailbox key will be made. If Tenant fails to clean before movonut. reasonable charges to complete such cleaning shall be deducted. • IC is hereby agreed and understood that a fixed fee may be rot:n nod for special cleaning that must be done commercially or by Landlord's employees such as carpet cleaning. appli— ance cleaning, or floor waxing, etc. Said fixed fee is now .greed 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 fort..lrtling address, along with an itemized accounting of any •hnrges or damages no later than thirty (30) days after '1 r eunr 0111s to move in after signing the attached Lease .1,'•rment,^Landlord may sue for damages incurred (including .•lre•ney fees) and Tenant's security deposit will be for— rittrd in full. A ITI'ST: CITY OF CORPUS CIIRISTI, TEXAS By: City Secretary Craig A. McDowell City Manager .P1 0001;): IAL f:r0RCO. CITY XI11RNEY City Attbrfd(ey "Security Deposit Agreement" —2a- 1.0010 1110 SYNCOR INTERNATIONAL Cnitl'oRATIOJ! By:� Robert F. Irwin, Senior VicePresident l ENANT CIRUII1tCIAI. PROPERTY Itl3l'fAI. CONTRACT 111E STATE OF TEXAS X COUNTY OF OUNCES I 11, contract made the .Z.J hof AhlieinbV:L.., 198 6, between the Clly of Corpus Christi, Texas, a honk rule city and unnicipal corporation under tate laws of the State of Texas, hereinafter referred to as .LANDLORD" and SYNCOR INTERNATIONAL CORPORATION hereinafter called TENANTT ". W ITNESSIIT II: 11,e LANDLORD does hereby rent a certain co m- m e r c 1 a 1 bni lding and premises 1 o c a ted at 613 Sonih Shoreline Boulevard on Lot 3, Block 3, Rayne Tract In the City of ['orpnr. Chrlstl, Texas for n eleven (11 ) month period couanencin1; on the 1st. day of January 198 7, at a monthly rental of Twelve hundred Dollars and nn cents (91,200.00 ). Payable 19 advaaee on the first day of each month;, said lease will be in effect until such time as Tenant abandons said leased premises, the term of the lease expires or the property 1s sold by the City as provided herein. Tenant agrees as follow s. 1. To pay each month's rent as 1t becomes due. Rent is due on the F I R S T day of each month and check or money order made payable to the CITY O F C 0 44 1 4) S CHRISTI for the full amount will be Pone 1 of 9 4 delivered or mailed to: City of Corpus Christi Property and Land Acquisition 1801 11. 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 naid rent in the mon 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 terns 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 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 ponsae- ston of the premises and re -let the same for the remainder "Commercial Property Rental Contract" 613 S. Shoreline [Syncor Intl Corp] Page 2 of 9 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 agreea 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, got, 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. 5. Landlord shall at all times at hie 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 thnt 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 5. Shoreline [Syncur Intl Corp] Page 3 of 9 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 c.lnuni I y 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 oC the 7',•nnn t, there shall be any increase in the rate of innernnce on the building or on the contents thereof the Tenant hereby .agrees to p.ly the amount of such increase. 7. 'tenant agrees to comply with all lawn, rales acd orders oC Federal, Slate and municipal Cuvelnmenls 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 nam lcipal 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 •.hail be given a reasonable time to euro any such defecl1 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 dend sed premises, parking area, or common facilities by Tenant or any person or persons holding ander 'Tenant, and shall indemnify and save harm I ens the "Commercial Property Rental Contract" 613 S. Shoreline tSyncor Intl Corpl Page 4 of 9 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, addl... 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 shell have the right to show the demised premises to prospective tenants or purchaser at all reason- able times. "Commercial Property Rental Contract" 613 S. Shorreline [Syncor Tntl Corp] Go All notices to be given under the provisions of this lease shall be mailed to Tenant addre.oed Lo the demised premises and to Landlord addressed: City of Corpus Christi Property and Laud Acqulsi Liou 1801 N. Chaparral Corpus Christi, Texas 75401 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 hereupon cause the damage to be repaired forthwith; but 1f the premises be by the Landlord deemed so damaged as to he nnflt 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 Co the time of the damage. Should Landlord decide to repair the premises for use of Tenant, in the event of tot.11 or partial destruc- tion by fire or other calamity, then, in :inch event, the rent hereinabove reserved or a just and proportionaLe part thereof according to the nature and extent of the injury sustained, shall be suspended or abated until said promises shall, by Landlord, be put back, insofar as ponsiblo, in the same con- dition as the sane existed prior to the destruction. 12. In the event Landlord should be compelled Lo 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 purposes except with the wrltten consent of Landlord. 14. All property of the Tenant nou or hereafter "Commercial property Rental Contract" 613 Se Shoreline ISyncor Intl Corp] Page 6 or 9 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 Lo 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 prominnn herein demised shall not be ready for occupancy by Lite Tenant at the time of the commencement of this lease, this lease shat] not be af- fected thereby, nor shall the Tenant have any claim against the Landlord by reason thereof, but no rent rhall 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 snail become bank- rupt, voluntary or Involuntary, or shall m dee n voluntary assignment for the benefit of creditors, or in the event that a receiver for the Tenant shall be appointed, then, at the option a1 the Landlord and upon ten (10) drys notice to the Tenant or Tenant's representatives, of the exercise of such notice, this lease shall cease and come Lo 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 ns 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 nccount of any Folding over agninat Landlord's will after the termination “Commercial property Rental Contract” 603 S. Shoreline ISyncor Intl Corp] Page 7 of 9 of this lease, whether such loss or damage may be contemplated • at this time or not. 18. Inn 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. Mat 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 C1 Ly reserves the right to sell all or any part of the herein leased laud at any time during the tern of this lease, In the event of such sale, the City would stipulate that the n.i le Is subject Ln the lease. 21. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED IIY ME CI1Y CHARTER SHALL BE PAM 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. "Com cine Property Rental Contract" 613 Sr Shoreline ISyncor Intl Corp] Page 8 of 9 In WITNESS, we have hereunto set our (lands in duplicate originals this the day of 191 ATTEST: CITY OF CORPUS CIIRISTI By Craig A. McDowell �•j Secretary City Manager LANDLORD APPROVED this _ _ day of Iy(L GEORGE, diTY ATTORNEY By Assistant CitliJ4Ytorncy SYNCOR INTERNATIONAL CORPORATION By: e'r'r. or11 votry Rrnral enntr.,rt" Al) S. , Robert F. Irwin, Senior Vice President TENANT Corpus Christi, Texas L .' day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1982 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 above ordinance was Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 99.045.01 MAYOR passed THE CI OF CORPUS CHRISTI, TEXAS by the following vote: 19621