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