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HomeMy WebLinkAbout021640 ORD - 04/27/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A TEN YEAR LEASE OF THE OLD POLICE STATION TO CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION. NOW, THEREFORE, 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 ten year lease of the Old Police Station to the Corpus Christi Community Improvement Corporation as set forth in Attachment A, incorporated herein for all purposes. \ord\93021.skp 021640 • MICROfILMED LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF NUECES T s Lease Agreement is made and entered into this a ) day of 1993, by and between the City of Corpus Christi, Texas, a home rule city under the laws of the State of Texas ("City") and the Corpus Christi Community Improvement Corporation, a nonprofit corporation under the laws of the State of Texas ("Corporation"). 1. City, in consideration of Corporation's faithful performance of the covenants described herein, leases to Tenant the following described land and building, hereinafter called the "Demised Premises:" The former Police Station Building located at 1616 Martin Luther King Boulevard, Corpus Christi, Texas 78401, containing approximately 33,617 net rentable square feet out of the Building, as set forth in the "Floor Plan" attached as Exhibit A (the "Demised Premises") and the "Legal Description" attached as Exhibit B. 2. In consideration of this lease to it, Corporation shall sublease the premises to the Corpus Christi/Nueces County Service Delivery Area Private Industry Council, a Texas nonprofit corporation, d/b/a the Workforce Development Corporation in accordance with the terms and conditions set forth in the attached Exhibit C (the "Sublease") which is incorporated herein by reference. It is acknowledged that the use of the Demised Premises required by the Sublease constitutes public purposes of the City. Corporation shall perform all of its obligations recited in the Sublease and shall require performance by the Workforce Development Corporation of all its obligations recited in the Sublease. City. 3. Any change in the Sublease shall require approval by the 4. Corporation shall keep full and complete records of its administration of the Sublease, which shall be open for City inspection at all times. 5. City may terminate this Lease Agreement for failure of the Corporation to perform any of its material obligations herein, if failure by the Corporation to cure continues after thirty (30) days of delivery of written notice by City specifying the failure of performance to be cured. \agr-lee\93005 1 ir 6. Notices regarding any matter under this Lease Agreement shall be given in writing by (1) depositing same in the United States mail, postage prepaid, with return receipt requested, addressed as set forth below, or (2) by personal delivery to the person set forth below: to Corporation: General Manager, 1201 Leopard Street, P.O. Box 9277, Corpus Christi, TX 78469-9277; to City: City Manager, 1201 Leopard Street, P.O. Box 9277, Corpus Christi, TX 78469-9277, or such subsequent address notified by one party to the other in writing. 7. The term of this Lease Agreement shall be for 120 months commencing on January 1, 1994, and ending December 31, 2004, subject to earlier termination as provided herein. Any holding over by Corporation at the expiration of this Lease shall operate as a tenancy from month to month upon the same terms as the original lease. zx,� Executed in two original copies this , i day of �lEh£Ch, 1993. LESSEE ATTEST: CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION, President CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary Juan Garza, City Manager Date: y/.27/S 3 Date: y/77ki APPROVED: James R. Bray By: ity Att/rney jTv,tr3 !GX„o... AUTHORIZEL BY COUNCIL .._._.-fL/3. 2/9 3. SECRETARY \agr-lse\93005 T 11 -r - --,?7p srx;. 'usJUHD sndUM NOI1tYtlOd8O0 IN2Wd0E3AB0 3000d NfOM WO 1 )J- illn JdV VN1OS ? NI12JVW 113NN38 svx3, l.LSidIO SOeeob NC JY OdtlOO 1N3141dO1 . 30tlOd ) OM IC Y 5.1 v �LL o UJ U_'e 2a. Ln w0,^ -14 Cl B 77:11 E SIDIILH)JV \71)1-105-2 NIflIVW 113NN39 ,I ,d sndHoO l NOIlYlfOd1:100 30N0d NOM I T J -r � SL II ; r'r - EXHIBIT B CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION WORKFORCE DEVELOPMENT CORPORATION OFFICES LEASED AREAS AREA A - BUILDING SITE STATE OF TEXAS COUNTY OF NUECES Being a 1.806 acre tract of land out of Lots 15 through 20, Block B, Diaz Addition, a map of which is recorded in Volume A, Page 5, of the Map Records of Nueces County, Texas, and being out of that certain 2.63 acre tract of land conveyed to the City of Corpus Christi from Peter Berney and described in Deed dated January 30, 1914, and recorded in Volume 102, Page 626, of the Deed Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows; Beginning at a point on the south right-of-way line of a 60.00 foot wide road, known as Winnebago Street, for the common north corner of Lots 14 and 15, Block B, said Diaz Addition same point being the northeast corner of this tract; Thence, South 00°43'10" West, with the common boundary line of said Lots 14 and 15, a distance of 90.47 feet, to a point on the north boundary line of said 2.63 acre tract, for the common south corner of said Lots 14 and 15, same point being an inside corner of this point, Thence, South 89°51'10" East, with the common boundary line of said Lot 14 and 2.63 acre tract, a distance of 50.00 feet, to a point, for the northeast corner of said Lot 14, same point being a corner of this tract; Thence, South 00°34'40" West, with the West boundary line of Lot 26, Block 2, Hidalgo Addition, a map of which is recorded in Volume 3, Page 47, of the Map Records of Nueces county, Texas, a distance of 151.53 feet to a point on the current north right-of-way line of Martin Luther King Drive (formerly known as Buffalo Street), for the Southeast corner of this tract; Thence, North 87°06'50" West, with said North right-of-way line of Martin Luther King Drive, a distance of 330.91 feet, to a point, for a corner of this tract; Thence, North 65°14'30" West, a distance of 14.79 feet, to a point, for the Southwest corner of this tract; Thence, North 23°20'30" West, a distance of 14.79 feet, to a point, on the current east right- of-way line of Brownlee Boulevard, for a corner of this tract; 11 Thence, North 01°59'20" West, with said East right-of-way line of Brownlee Boulevard, a distance of 155.13 feet, to a point, for a corner of this tract; Thence, North 00°31'50" East, with said East right-of-way line of Brownlee Boulevard, a distance of 59.61 feet, to a point, at its intersection with aforementioned South right-of-way line of Winnebago Street, for the Northwest corner of this tract, same point being the point of curvature of a circular curve, to the left, which curve has a central angle of 90°51'40", a radius of 325.00 feet, a tangent distance of 28.04 feet, an arc length of 55.94 feet, and whose radius point bears North 10°38'05", East, a distance of 325.00 feet; Thence, with said curve to the left, in an easterly direction, with said South right-of-way line of Winnebago Street, an arc distance of 55.94 feet, to a point for a corner of this tract; Thence, South 89°13'30" East, with said South right-of-way line of Winnebago Street, a distance of 251.92 feet, to the PLACE OF BEGINNING and containing 1.806 acres of land. Save and except the communications tower and associated equipment located within this area. The City hereby reserves the right to enter upon the premises to inspect, maintain, operate, or reconstruct the communications tower and associated equipment. EXHIBIT 13 CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION WORKFORCE DEVELOPMENT CORPORATION OFFICES LEASED AREAS AREA B - PARKING LOT STATE OF TEXAS COUNTY OF NUECES Being a 0.659 acre tract out of that certain tract of land, owned by the City of Corpus Christi, Texas, as of April 21, 1993, situated in said City and bounded on the North by Winnebago Street, on the East by Brownlee Boulevard, on the South by Martin Luther King Drive (formerly Buffalo Street) and on the West by Coke Street, this tract being more particularly described by metes and bounds as follows; Beginning, at a point, on the current South right-of-way line of said Winnebago Street, at its intersection with the current West right-of-way line of said Brownlee Boulevard for the Northeast corner of this tract; Thence, South 00°31'50" West, with said West right-of-way line of Brownlee Boulevard, a distance of 72.59 feet, to a point, for a corner of this tract; Thence, South 03°20'18" West, continuing with said West right-of-way line, a distance of 100.23 feet, to a point, for a corner of this tract; Thence, South 15°44'51" West, a distance of 29.92 feet, to a point, for the Southeast corner of this tract; Thence, South 75°52'41" West, a distance of 29.92 feet, to a point, on the current North right-of-way line of aforementioned Martin Luther King Drive, for a corner of this tract; Thence, South 89°44'20" West, with said North right-of-way line, a distance of 202.82 feet, to a point, for the Southwest corner of this tract; Thence, North 45°13'17" East, a distance of 315.79 feet, to a point, on the aforementioned South right-of-way line of Winnebago Street, for the Northwest corner of this tract Thence, South 60°13'40" East, with said South right-of-way line, a distance of 25.70 feet, to the PLACE OF BEGINNING, and containing 0.659 of an acre of land. A' al 1 n .1 i I s i I 1 m 2 X W Deportment of Engineering Services DEVELOPMENT WORKFORCE CORP. OFFICES BUILDING LEASE STATE OF TEXAS 4 6 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES S 1. Definitions. When used herein, the following terms shall have the indicated meaning: Lessor: Corpus Christi Community Improvement Corporation Lessor's Address: Lessee: Lessee's Address: Lessee's Trade Name: 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 Corpus Christi/Nueces County Service Delivery Area Private Industry Council. a Texas nonprofit corporation 5110 Wilkinson Drive Corpus Christi, Texas 78415 Workforce Development Corporation Demised Premises: Former Police Station Building (the "Building") Premises Address: Premises Description: Lease Term: Rentals: Option Term: Parking: 1616 Martin Luther King Blvd. Corpus Christi, Texas 78401 Containing approximately 33,611 net rentable square feet out of the Building, as set fortis in the "Flinn Plan" attached as Exhibit A (the 'Demised Premises") and the "Legal Description" attached as Exhibit B. 120 months commencing on the 1st day of January, 1994, (the "Commencement Date") and ending on the 31st day of December, 2004, subject to earlier termination or extension as provided herein. Rentals in the lump sun of Ten Thousand Dollars (510,000.00) per month shall be due and payable on or before the first day of each month. One option term of 120 months exercisable by Lessee not less than two years prior to the scheduled expiration of the Lease with monthly Rentals at a rate to be negotiated by the parties as further set forth in Section 30. All of the parking spaces on the real estate described on Exhibit B attached hereto shall be made available to Lessee at no additional charge during the entire Lease term. Security Deposit: None. Use of Premises: Office space utilized for administration, training, support services, and other services related to Lessee's operations under the Job Training Partnership Act and other federal and state statutes pertaining to the delivery of human services. 2. Sonsideratiog. In consideration of the obligations of Lessee to pay the Rentals as herein provided and in consideration of the other terms, covenants and conditions hereof, Lessor hereby demises and leases to Lessee. and Lessee hereby takes from Lessor, the Demised Premises as described in Section 1 above, TO HAVE AND TO HOLD said Demised Premises for the Lease term specified in Section 1 above, all upon the terms and conditions set torch in this Lease. Lessor further agrees that if Lessee shall perform all of the covenants and agreements herein required to be performed by Lessee, Lessee shall, subject to the terms of this Lease, at all times during the continuance of this Lease have peaceful and quiet possession of the Demised Premises. 3, jag. The Demised Premises shall he occupied and used by Lessee for no other purpose than that stated in Section 1 above. Lessee, during the term of this Lease, will keep open and do business in and on the Demised Premises during customary business hours as set forth herein. 4. Signs and Euuinment. Lessee shall be entitled to place exterior signs on the Building in conformity with all applicable laws and regulations, subject to the written consent of Lessor which shall not be unreasonably withheld. After completion of the finish out by Lessor as provided below, any subsequent alterations or remodeling of the Demised Premises shall be at Lessee's expense and only upon prior written approval of Lessor, which shall not be unreasonably withheld. Any permanent improvements to the Demised Premises installed at Lessee's expense shall remain the property of Lessor at the time of expiration or termination of this Lease. Lessee reserves the right to remove any and all equipment, trade fixtures, ceiling fame, automatic door openers, and other similar items installed at Lessee's expense upon the expiration of this Lease, so long as such can be accomplished without damaging the remaining Demised Premises. 5. Finish Out. (a) Lessor agrees to prepare and finish out the Demised Premises to the extent and on the time table set forth in Exhibit C. All of the construction, modification, renovation and other "finish out' activities described on Exhibit C and as otherwise required herein shall be completed DO later than December IS, 1993. The final plans and specifications for such finish out shall be subject to the approval of both Lessor and Lessee. la the event total costs exceed the sum of *1,000,000, the amount of Rentals due hereunder and/or the term of this Lease shall be subject to renegotiation. The construction contract and any change orders affecting such construction shall additionally be subject to the approval of Lessee, which approval shall not be unreasonably withheld. Subject to the availability of funds within such finish -out budget, Lessee shall be entitled to reimbursement out of the finish set funds the sum of *7,500 which was paid directly by Lessee for the feasibility study performed in connection with the development of the Demised Premises. Lessor shall be responsible for compliance with all applicable laws and regulations concerning the finish out. Upon the completion of the finish out, Lessee shall be entitled to commence occupancy of the Demised Premises for no additional compensation hereunder. Lessee leases the Demised Premises in 'AS IS" condition. Lessor has made no representations or warranties with regard to the Demised Premises, either express or implied, other than those expressly made in this Lease. (b) The finish out shall be completed on or before December 15, 1993, in order to enable Lessee the opportunity to schedule an orderly transition into the Demised Premises. In the event the finish out is not completed by said deadline, such will not be considered a default by Lessor and Lessee shall remain liable under this Lease provided that Lessor is diligently proceeding with completion of the finish out and such finish out is in any event completed by March 15, 1994. No Rentals shall be due hereunder during the period of any such delay, and the conunencenrent date of this Lease shall he adjusted to coincide with the fust of the month following actual completion of the finish out and acceptance by Lessee Lessor shall additionally be liable to Lessee for the amount of the difference, if any, in the rentals paid by Lessee as the result of its holding over under its current lease arrangements expiring December 31, 1993, and the amount of the Rentals due hereunder. The amount of such liability may be offset by Lessee against the Rentals due hereunder. 6. R twin. Lessor shall at all times at its sole cost and expense keep the building exterior, air conditioning, plumbing, heating, windows, and exterior doors situated on the Demised Premises in good repair and condition, except that Lessee shall repair any damage caused by Lessee's negligence or default hereunder. In the event that any such item situated upon the Demised Premises should become in need of repair required to be made by the Lessor hereunder, Lessee shall give immediate written notice thereof to Lessor, and Lessor shall proceed promptly to make such repairs. Lessee shall he responsible for all routine maintenance and repairs of interior items nut required to be dune by Lessor above, and Lessee agrees to return such portions of the Demised Premises to Lessor upon expiration or other termination of the Lease in the condition which same were furnished to Lessee, ordinary wear and tear excepted. 7. Lessor's Expenditures on Behalf of Lessee. In the event that the Lessor shall make any expenditures for which the Lessee is responsible. or which the Lessee should make. then the amount thereof and costs, may at the Lessor's election, be added to and be deemed a part of the installment of Rentals next coming due. 8, Assignment. Lessee shall not assign, sublet, mortgage or pledge this Lease, as to the whole or any part of the Demised Premises without Lessor's written consent, which consent shall not he unreasonably withheld. 9. compliance. Lessee agrees to comply promptly with all laws, rules and orders of federal, state and municipal governments and all of their departments applicable to the Demised Premises. Lessor may make reasonable rules or regulations from time to time as deemed advisable for the safety, care and cleanliness of the Demised Premises and the convenience of other occupants of the Building provided same are in writing and furnished to Lessee. 10. Utilities. (a) Lessor shall cause the following utilities to be made available to the Demised Premises as appropriate: water, waste water, electricity, gas and refuse collection. Lessor shall not be liable for failure to furnish, or for suspension or delays in furnishing any such services caused by breakdown, maintenance or repair work, strike, riot, civil commotion, governmental regulation or any other cause or reason whatever beyond the reasonable control of Lessor. Suspension or interruption of services upon a temporary basis shall not result in any abatement of rent, be deemed an eviction or relieve Lessee of any performance of Lessee's obligations under this Lease, provided the same are fully restored within one calendar week. Lessor shall not be responsible for providing any other utilities than those specifically listed above. Leasee shall not use electrical equipment which, in Lessor's reasonable opinion, will overload the wiring of the Building or interfere with use by other tenants. (b) The utilities for the Demised Premises shall be maintained in the name of the Lessee; provided, that in the event lower rates may be obtained for electricity by maintaining such service in the name of the Laver, the electrical service shall be maintained in such name. In that event, the Lessee shall be responsible for the payment of all charges for electricity which may be provided. Such payment of electric charges shall constitute additional Rentals under this Lease, and Lessor shall have the same remedies for breach of such obligations as for any breach of the payment of Rentals provided herein. Such payments may be paid to the Lessor as and when the other Rentals provided by this Leave are due, or in the alternative, paid directly to the provider of such electricity. 11. Access to Building, Lessee shall have access to the Building seven days per week, twenty-four hours per day. Lessor may enter at any time in the event of an emergency and at all reasonable times for non -emergency matters when needed for any purpose whatsoever relating to the safety, protection or preservation of the Building of which the Demised Premises are a part. 12. Taxes. The parties acknowledge that the ownership of the Demised Premises by Lessor and the leasing of same by Levee should nut result in the assessment of any property taxes against the Demised Premises under current law. In the event any such property taxes or assessments are levied against the Demised Premises as the result of Lessee's operations hereunder, Lessee agrees to pay before they become delinquent any such real property taxes and assessments Lawfully levied or assessed against the Demised Premises or any part thereof, provided, however, Lessee may, at its sole expense dispute and contest same, and in such case, such disputed item need not be paid until finally adjudged to be valid. Lessee shall further pay any taxes levied against personal property, trade fixtures and inventory placed by Lessee in, on or about the Demised Premises, which are not otherwise exempt from taxation. 13. Insurance and Indemnification. Lessor shall be responsible for fire and extended coverage insurance on the Building. Lessee shall maintain throughout the term of this Lease, and any extensions or renewals hereof, at Lessee's own cost, fire and casualty insurance on Lessee's contents. Lessee shall provide for public liability insurance for its business operations on the Demised Premises as follows: bodily injury of not leas than 5500,000.00 for each occurrence, and property damage of not less than 5300,000.00 for each occurrence. Lessor and the City of Corpus Christi, Texas (the "City") each shall be named as an additional insured on said liability policies and shall be provided with a certificate of insurance within ten days of the commencement of this Lease. Lessee hereby covenants and agrees at all times to indemnify and save harmless Lessor, the City and the Demised Premises 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 by Lessor, by the City, by Lessee or by any person or persons holding under Lessee, and shall indemnify and save harmless Lessor and the City from any penalty, damage, or charge incurred or imposed by reason of any violation of law or ordinance by Lessee or any person or persons holding under Lessee, and from any Wal, damage, or expense arising out of the death of or injury to any person or persons holding under Lessee. It is specifically intended that Lessee shall be obligated to indemnify Lessor and the City to the extent that such damage or expense is proximately attributable to acts or omissions of Lessor and the City, their officers and employees. expressly including any negligence of such parties. 14. Parsee to Building. In the event that the Demised Premises, or the Building of which the same is a part, shall be partially damaged by tire, the elements, civil disorder, or other casualty, Lessee shall give immediate notice thereof to Lessor and the same shall be repaired at the expense of Lessor without unreasonable delay. Lessee shall receive an abatement of rent proportionate to the damage to the Demised Premises; and in the event that the damage should be so extensive as to render the Demised Premises untenantable, the rent shall cease until such time as the Demised Premises shall again be put into repair, but in the event of the Building being damaged by fire or otherwise to such an extent as to render it necessary in the judgment of Lessor not to rebuild the same then, at the option of Lessor, and upon notice to Lessee. this Lease shall cease and come to an end, and the rent shall be apportioned and paid up to date of such damage. If I Pacer elects to rebuild the Demised Premises and continue this Lease, Lessor shall notify Lessee of such intention within thirty (30) days of the date of the damage; otherwise. this Lease shall be deemed canceled and of no further force or effect. 15. Lessor's Default. In the event of a breach by Lessor of any covenant, term or obligation or this Lease, Lessor shall be in default only if Lessor fails to commence a good faith effort to cure the same within thirty days after written notice thereof by Lessee; and in such an event, Lessee's sole remedy shall be termination. Lessor shall only be liable to use reasonable diligence to repair and remedy any defaults or breaches hereunder. 16 Lessee's Default. The following events shall be deemed to be events of default by Lessee under this Lease: (a) Leasee shall fail to pay any installment of the Rentals hereby reserved when due, and such failure shall continue for a period of five days from the date such installment was due; (h) Lessee shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors; (c) Lessee shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or Lessee shall be adjudged bankrupt or insolvent in proceedings filed against Lessee thereunder; (d) A receiver or trustee shall be appointed for all or substantially all of the assets of Lessee; (e) Lessee shall desert or vacate any substantial portion of the Demised Premises except as specifically allowed under Section 34 herein; or (f) Lessee shall fail to comply with any term, provision or covenant of this Lease (other than those covered by the subparagraphs above), and shall not cure such failure within twenty days after written notice thereof to Lessee. Upon the occurrence of any such events of default described in this Paragraph 16, Lessor shall have the option to pursue any one or more of the following remedies, to the extent permitted under applicable law, without any notice or demand whatsoever: (a) (b) (c) Terminate this Lease, in which event Lessee shall immediately surrender the Demised Premises to Lessor, and if Lessee fails so to do, Lessor may, without prejudice to any other remedy which it may have fur possession or arreuage in rent, enter upon and take possession the Demised Premises and expel or remove Lessee and any other person who may be occupying such Demised Premises or any part thereof, without being liable for prosecution or any claim of damages therefor; and Lessee agrees to pay to Lessor on demand the amount of all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet the Demised Premises un satisfactory terms or otherwise; Enter upon and take possession of, or restrict access to (by changing locks or otherwise), the Demised Premises and expel or remove Lessee and any other person who may he occupying such Demised Premises or any part thereof, by force if necessary, without being liable for prosecution or any claim for damages therefor, and relet the Demised Premises and receive the rent therefor; and Lessee agrees to pay to the Lessor on demand any deficiency that may arise by reason of such retuning; and Enter upon the Demised Premises without being liable for prosecution or any claim for damages therefor, and do whatever Lessee is obligated to do under the terms of this Lease; and Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in thus effecting compliance with Lessee's obligations under this Lease, and Lessee further agrees that Lessor shall not be liable for any damages resulting to the Lessee from such action, whether caused by the negligence of Lessor or otherwise. No waiver at any time of the right to terminate this Lease shall impair the right of Lessor to insist upon such termination in the event of subsequent breach or default by Lessee, nor shall the acceptance or Rentals at any time constitute such waiver of default or waiver of damages, and in addition to any other remedies which Lessor may have, Lessor may apply for and obtain an injunction or use any other legal process to enforce Lessor's rights. If, on account of any breach or default by Lessee and Lessee's obligations under the terms and conditions of this Lease, it shall become necessary or appropriate for Lessor to employ or consult with an attorney concerning or to enforce or defend any of Lessor's rights or remedies hereunder, Lessee agrees to pay any reasonable attorney's fees. No act or thing done by the Lessor or its agents during the term hereby granted shall be deemed an acceptance of the surrender of the Demised Premises, and no agreement to accept a surrender of said Demised Premises shall be valid unless in writing signed by Lessor. The receipt by Lessor of Rentals with knowledge of the breach of any covenant or other provision contained In this Lease shall nut be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions and covenants contained herein. The provisions A` this Paragraph 16 are subject to and limited by all applicable laws. 17. L ssIr's Lin. [This section has been omitted.[ IR. Leat Authority. Lessor hereby warrants that it has full Legal authority to execute this I.eau and warrants to Less= that upon payment of said Rentals and the performance of the other covenants of this Lease, Lessee shall quietly have, hold and enjoy the Demised Premises for the purposes set forth herein during the term hereof, and Lessor warrants and agrees to defend such peaceable possession and use to Lessee against the lawful claims of any and all persons whomsoever. It is specifically understood and agreed, however, that this Lease shall be subject, subordinate and inferior to any valid existing or future real estate lien placed on the Demised Premises by the Lessor, but this Lease shall be non -cancelable by such parties so long as Lessee is not in default hereunder. 19. Nuisance. The business of the Lessee will be conducted in such a manner as not to create any nuisance nor to interfere with, annoy or disturb other tenants of the Lessor in the management of the Building. 20. Holdine Over It is agreed and understood that any holding over by Lessee of the Demised Premises at the expiration of this Lease shall operate and be construed as a tenancy from month to month at a rental equal to the current monthly rental, and Lessee shall be liable to Lessor for all loss or damage on account of any holding over against Lessor's will after the termination of this Lease, whether such loss or damage may be contemplated at this time or not. 21. Notices; Alt notices, requests or other communications relating to this Lease shall be made in writing and may be given by (t) depositing same in the United States mail, postage prepaid, certified mail, with return receipt requested, addressed as set forth in this paragraph, or (11) delivering the same to the party to be notified. Notice given in accordance with (i) hereof shall be effective upon deposit in the United States mail. The notice addresses of the parties hereto shall, until changed in the manner of giving notice is provided herein, be as set forth in Paragraph 1 herein. 22. Successors and Assigua. Subject to the limitations of Paragraph 8 herein, the covenants and agreements herein contained shall Inure to the benefit of and be binding upon the patties hereto, their respective heirs, legal representatives, successors and assigns. 23. Quiet Enjoyment Lessee shall have quiet enjoyment of the Demised Premises, subject to its payment of all Rentals and other sums due under this Lease and the performance of all other covenants hereunder. This Lease contains the entire agreement between the parties hereto, and no representations, warranties, expressed or implied, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. In any lawsuit by Lessor, Lessee, or their agents or successors to enforce the provisions of this Lease, the prevailing party shall be entitled to recover reasonable attorney's fees from the non -prevailing party, including all out-of- pocket costs of litigation. travel, depositions, witnesses, etc. 24. Limitation on Use. Lessee shall not permit the Demised 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 insurance on any Building on the Demised Premises; and in the event that, by reason of acts of the Lessee, there shall be any increase in the ram of insurance on any Building or nn the contents thereof the Lessee hereby agrees to pay the amount of such increase. 25. Aerates Commission. [This section has been omitted.) 26. Waiver of Subrovation. Lessor and Lessee each hereby release the other from any and all liability or responsibility to the other, or to any other party claiming through or under them by way of subrogation or otherwise, for any loss or damage to property caused by casualty which is covered under any existing insurance policy; provided, however, that this mutual waiver shall be applicable only with respect to a loss or damage occurring when any such release shall not adversely affect or impair the policy or the right of the insured party to receive proceeds under the policy. 27. Payment of Rentals. All Rentals shall accrue hereunder from the Commencement Date, and shall be payable to Lessor at the address specified in Paragraph 1 above, unless modified by written notice to Lessee. Lessee shall pay to Lessor Rentals in monthly installments, without demand, in advance, in the amount specified in Paragraph 1 above. An amount equal to two and one-half times the monthly Rental installments specified in Paragraph 1 shall be due and payable on or before August 15, 1993. Such amount shall be credited against the last Rentals coming due under the terms of this Lease. The next payment of Rentals shall commence upon the Commencement Date hereof, whereupon the regular installments of Retrials shall be due and payable, in advance, on or before the first day of each succeeding calendar month during the Lease term, except as otherwise provided in this Lease; provided, that if the Lease term ends on other than the last day of the month, the last monthly installment shall be reduced proportionately. 28. Qoeratine Pxptmsex. Lessee shall be obligated to pay tie following operating expenses associated with the building. (a) All charges fur utilities service to the Demised Premises, including water. waste water, electricity, gas and trash removal; (b) All labor, supplies and materials used in the operation, repair and maintenance of the Building (excluding repairs to the Building exterior er systems to be made by Lessor as provided in Section 6 hereof and any repairs to be paid by the proceeds of insurance due to casualty losses); (c) All labor, supplies and materials used in maintaining the lawn and landscaping adjacent to the Building; (d) All labor, supplies and materials used in providing janitorial services to the Building; and (e) All labor, supplies and materials utilized in connection with security services for the Building, including the maintenance of any security or fire alarm systems, monitoring and the like. 29. Security Deoosit. [This section has been omitted.) 30. aglow. Lessee shall have the option of extending the term of this Lease for an additional 120 months subject to the following terms and conditions. Not less than two (2) years prior to the scheduled expiration date hereof, Lessee may exercise such option by delivering written notice to Lessor to such effect. The monthly Rentals for the Demised Premises under such option period shall be ata rate to be negotiated by the parties. Unless such rate of monthly Rentals is otherwise negotiated by the parties, within six (6) months of such election Lessor shall furnish to Lessee proposed monthly Rentals to he due during such option term. Lessee shall have ninety (90) days to review such proposed monthly Rentals and confirm or revoke its election to exercise the option. The remaining terms and conditions of the Lease under such option period shall be the same as the terms and conditions provided herein, except as modified upon the mutual agreement of Lessor and Lessee. 31. Ch ages by r. Lessee agrees that Lessor may elect to change the location, size, layout or other details of the Building not occupied by Lessee, all without liability whatsoever to Lessee and without affecting or impairing the validity of this Lease; provided that such changes do not materially alter Lns.w's ability to use the Demised Premises. 32. Limitation of Liability of Lessor. Lessor's obligations hereunder are conditioned upon and subject to Lessor's obtaining one or more leases from the City of Corpus Christi covering the Demised Premises and extending through the term hereof. 33. Interest. [This section has been omitted.] 34. LimitationottLianaity_c2flaug. All obligations of Lessee hereunder are limited to the terms and provisions of the Job Training Partnership Act and all other applicable federal and state laws governing the programs administered by Lessee, and the regulations and guidelines issued thereunder. The obligations of Lessee are further subject to annual appropriations by federal, state and local governmental entities providing funding for Lessee's programs. In the event Lessee incurs a reduction in funding greater than Live percent (5%) in its operating budget from the previous year, Lave shall be entitled to reduction of the square feet comprising the Demised Premises consistent with Lessee's reduction in programming and a proportionate reduction in the amount of the monthly Rentals for the area comprising the Demised Premises due hereunder. As used herein, the term "operating budget" shall include the total budget of Lessee, less all direct training expenses and child care expenses payable to one or more third parties as contracted services. The exact location of the space to be vacated in the event of such a reduction in programming shall be determined by the mutual consent of Lessor and Lessee m order to provide the maximum opportunity to Lessor for reletting the vacated space consistent with Lessee's continuing needs. Lessee shall have a right of first refusal on any such vacated space to he exercised in the following manna: not less than thirty (30) days prior to the execution of any lease by Lessor covering any space vacated by Lessee, Lessor shall give written notice of the terms and conditions of such proposed lease to Lessee, and Lessee shall have thirty (30) days to elect whether or not to relet such vacated space on the same terms and conditions as provided in such proposed form of lease. Notwithstanding anything herein to the contrary, no term, condition or provision of this Lease shall be construed in a manner inconsistent with the federal, state and local laws and regulations governing Lessee's operations. 35. Exhibits and Addenda. The following Exhibits and Addenda are attached to this Lease and are made a part hereof: Flour Plan un Exhibit A, Legal Description on Exhibit B, and Finish Out Description on Exhibit C. EXECUTED in two original copies this the 23rd day of March, 1993. LESSOR CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION By: Dr. David McNichols President OA I t\ W DC 083 r LESSEE WORKFORCE DEVELOPMENT CORPORATION By: Deborah Seeger President That the foregoi• - ordinance was read for the first time and passed to its seco"4 reading on this the 23 day ofri1 , 19 q 3 ;by the following vote: Mary Rhodes Cezar Galindo Lee -Guerrero Betty Jean Longoria of y_ Edward A. Martin Joe lvfcComlS Dr. David McNichols Clif Moss Mary Pat Slavik That the foregoing ordinance was read for the second time and passed to its third reading on this the %C) day of 105,,10.1 , 19 Lha , by the following vote: Mary Rhodes Cezar Galindo &act—Guerrero Betty Jean Longoria Edward A. Martin 11l �31t U lee-Mceumb Dr. David McNichols Clif Moss That the foregoing ordinance was read for the third time and passed finally on this the day of kp y i L , 19 43, by the following vote: Mary Rhodes Cezar Galindo Il,_ Betty Jean Longoria PASSED AND APPROVED, this the f City Secretary Edward A. Martin Pilo ;optir Dr. David McNichols Clif Moss AnSAmkkc day of 21 MA OR THE CITY OF CORPUS CHRISTI APPROVED: 5 DAY OF t iesk , 191J: JAMES R. BRAY, JR., CITY ATTORNEY By4.I. 044 , AsoistnrCity Attorney PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 82693 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021640 AUTHORIZING THE CITY MANAGER TO EXECUTE A TEN-YEAR LEASE OF THE OLD POLICE STATION which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 2nd day(s) of May, 1993. One Time(s) $ 57.60 &Acacco Business Office Administrative Assistant Subscribed and sworn to before me this 14th day of May, 1993. Not-ry Public, Nue es County, Texas serrvwr E1 EDNA KOSTER Notary Public State of Texas My Comm. Exp. 11-30.96 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 42594 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A TEN-YEAR LEASE OF THE OLD which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 28th day(s) of March, 1993. One Time(s) $ 59.20 /1�. 1( .tic Id et it eft Business Office Administrative Assistant Subscribed and sworn to before me this 6th day of April, 1993. Qikc UWka v'eoQ Notary Public, Nueces County, Texas PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 55198 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE CITY MANAGER TO EXECUTE A TEN-YEAR LEASE OF THE OLD which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 4th day(s) of April, 1993. One Time(s) $ 59.20 62c_c.co Business Office Administrative Assistant Subscribed and sworn to before me this 21st day of April, 1993. Public s County, , Texas EDNA KOSTER Notary Public State of Texas Comm. Exp. 11-30-96 1 III 3ksNO OF PASSAGE A er- OF ORDINANCE NO. 021640 he dl m. m.AUTHOAUTHORIZTO EXECUTE THE NG A Cly NN. TEN-YEAR LEASE OF THE Ba' e. OLD POLICE STATION TO A it: THE CORPUS CHRISTI COM- A a, MUNITY IMPROVEMENT T 3- CORPORATION (CCCIC). THE B 3: TERM IS FOR TEN YEARS p e AND THE PURPOSE AND in Y COS ERATION ARE FOR on - T-E REMISES TO THE No CO OWORKFRARTC'E NDE ELLOPMENT pie DELIV- for .- ERY OF TRAINING AND PA OTHER HUMAN SERVICES Ty y N TO THE B se TRA NINGT PARTNERSHIP Te. sl ACT ANOOTHER LAW, AND 11 is FOR CCCIC TO ENFORCE My a nn ALL OBLIGATIONSD IN RE- tt c us A copyTHE SUBLEASE' . eff i2) file in thit the Issas is on ow _ Secretary's office. spa The ordinance was passed — and approved on third AN reading by the City Council of See AL the City of Corpus Christi, by N- Texas on the 27th day CH D., of April, 1993. fey Am.'a ereianpaa TX _= nY etmy Co b Ge - N9A�E�wF I 11 II r A F CAI , �1, �. it o II et 1 bolotorthe °Mi *11 MIS ends lfiVa$pallSof I of w NI aof N � . i[ 0 0y as AUTHORIZING THE CITY MANAGER TO EXECUTE A TEN -NEAR LEASE OF THE OLD POLICE STATION TO THE CORPUS CHRISTI COM- MUNITY IMPROVEMENT CORPORATION, THE TERM IS FOR TEN YEARS AND THE PURPOSE AND CONSIDER- ATION ARE FOR THE CCCIC TO SUBLEASE THE PREM- ISES TO THE WORKFORCE DEVELOPMENT CORPORA- TION FOR DELIVERY OF TRAINING AND OTHER HU- MAN SERVICES PURSUANT TO THE JOB TRAINING PARTNERSHIP ACY AND OTHECCCCICRTOL ENFORCE FOR ALL OBLIGATIONS RE- CITED IN THE SUBLEASE. A copy of the lease is on file in the City Secretary's office. The ordinance was passed) and approved on first st -, reading by the City at the City of Corpus Padre, Texas on the 23rd day ,ii of March, 19113 /a/_Asti Chaps ad �d —._...._City of a:C9 nam tuu.