HomeMy WebLinkAboutC2005-028 - 1/14/2005 - NASUBLEASE
This sublease (the "Sublease") is made at Corpus Christi, Texas, between the City of Corpus
Christi (the City), a municipal corporation, and Accion Texas, Inc., a Texas nonprofit corporation,
hereafl.er referred to as "Subtenant".
1. Demise and Description of Property. The City leases to Subtenant, and Subtenant leases from
the City, the property ("the subleased premises" or "the premises") located in Nueees County,
Texas, described as follows:
One office located at Suite 203 in Century South, 400 S.P.I.D., Corpus Christi, Nueces County,
Texas.
2. Term. The sublease term begins on October 1, 2004, and ends on March 15, 2005 (the sublease
term). But this Sublease shall terminate earlier in the event of termination of the lease authorized
on August 27, 2004 (the "Main Lease"), between the City as Tenant and Jalyn Properties, Inc. as
Landlord, leasing the property described above. This sublease takes effect upon execution by the
City Manager.
3. Rent. In consideration of the Subtenant providing low interest loans to unbankable businesses
for the sublease term, Subtenant shall pay the City monthly rent for the premises as follows: $1.00
per term, the receipt and sufficiency of which is hereby acknowledged.
Use of Premises. Subtenant shall use the premises only for office space and for uses normally
incident to that purpose, to provide services to Corpus Christi businesses in accordance with
Subtenant's duly established articles of incorporation and bylaws, as authorized by law.
Attached as Exhibit A is a list of the only individual(s) authorized to use the Premises. Use of
the Premises by any other individual without the prior written approval of the City Manager
shall result in the immediate termination of this agreement by the City Manager.
5. Limitation of Liability and Indemnity. Notwithstanding any contrary provision of the Main
Lease, neither the Landlord nor the Sublandlord shall be liable to Subtenant, or any of its agents,
employees, servants, or invitees, for any damage to persons or property due to the condition,
design, or any defect in the building or its mechanical systems that may exist or subsequently
occur. Subtenant, with respect to itself and its agents, employees, servants, and invitees, assumes
all risks and damage to persons and property, either proximate or remote, by reason of the present
or future condition of the premises or the building. Subtenant shall indemnify and hold
Sublandlord and Landlord harmless from all suits, claims, and actions of every kind by reason of
any breach, violation, or nonperformance of any term on the part of the Subtenant under this
agreement. Additionally, Subtenant shall indemnify and hold Sublandlord and Landlord harmless
from all claims, actions, damages, liabilities, and expenses asserted against the Sublandlord or
Landlord on account of injuries to person or damage to property to the extent that any such damage
or injury may be caused, either proximately or remotely, by any act or omission, whether negligent
or not, of Subtenant or any of its agents, servants, employees, conlractors, pa~'ons, or invitees
(while such invitees are on the premises) or of any other person entering upon the premises under
or with Subtenant's express or implied invitation, or if any such injury or damage may in any other
way arise out of the occupancy or use of Subtenant, its agents, employees, and invitees of the
premises. This paragraph is for the benefit of the Sublandlord and Landlord ofthe premises only,
Accion Texas
2005-028
01/14/05
and no right of action shall accrue under this paragraph to any third party by way of subrogation or
otherwise.
6. Furniture and Fixtures. All furniture and fixtures and equipment placed in the premises by
Subtenant shall remain Subtenant's property. Subtenant may, when the sublease term expires,
remove the furniture and fixtures if removai is done so as not to damage the premises.
7. Assignment and Subletting. Subtenant shall not assign or Sublease the premises or any part
of them without Sublandlord's prior written consent.
8. Default. (a) Sublandlord shall terminate this Sublease upon the happening of any one, or
more, of the following events:
(i) Subtenant's making an assignment for the benefit of its creditors
(ii) The levying on or against Subtenant's property ora writ of execution or attachment that is
not released or discharged within thirty (30) days;
(iii) The institution in a court of competent jurisdiction of proceedings for the reorganization,
liquidation, or involuntary dissolution of Subtenant, or for its adjudication as a bankrupt or
insolvent, or for the appoinlment of a receiver of the Subtenant's property, if the
proceedings are not dismissed, and any receiver, trustee, or liquidator appointed therein is
not discharged within thirty (30) days aider the proceedings are instituted;
(iv) Subtenant's doing or permitting to be done any act that creates a mechanics' lien or claim
against the land or building of which the premises are a part that is not released or
otherwise provided for indemnification satisfactory to Sublandlord within thirty (30) days;
(v) Subtenant's leasing or assigning this sublease agreement to another entity without prior
authorization from the City Manager;
(vi) Subtenant's failure to limit users oftbe Premises to the individual(s) listed on the attached
exhibit; or
(vii) Subtenant's failing to perform any other covenant under this Sublease.
(b) Upon any termination of the estate, Sublandlord may reenter the premises, with or without
process of law using such force as necessary, and remove all persons and chattels. Sublandlord
shall not be liable for damages or otherwise by reason of reentry or termination of the terms of this
Subtease. Notwithstanding any termination by Sublandlord, Subtenant's liability for the rents and
charges under this Sublease shall not be relinquished, diminished, or extinguished for the balance
of the sublease term. Subtenant shall pay, in addition m the rent and other sums agreed to be paid
under this Sublease, any additional sums as the court may adjudge reasonable as attorney's fees in
any suit or action instituted by Sublandlord to enforce this Sublease, or the collection of the rent
due Sublandlord if Sublandlord prevails in the suit or action. Any property belonging to Subtenant
or any persons holding by, through, or under Subtenant, or otherwise found upon the premises, may
be removed and stored in any public warehouse at the cost of and for the account of Subtenant.
Should Subtenant abandon, vacate, or surrender the premises or be dispossessed by process of law,
any personal property lef~ at or in the premises may be deemed abandoned, at Sublandlord's option.
(c) If Subtenant breaches this Sublease, Sublandlord may immediately or at any time thereafter,
without notice, cure the breach for the account and at the expense of Subtenant. If Sublandlord at
any time, by reason of the breach, must pay, or elects to pay, any sum of money or do any act that
shall require paying any sum of money, or must incur any expense, including reasonable attorney's
fees, in instituting or prosecuting any action or proceeding to enforce Sublandlord's rights under
this Sublease, the sums paid by Sublandlord, shall be considered additional rent and shall be due
from Subtenant to Sublandlord on the first day of the month following payment of the respective
sums or expenses.
(d) All Sublandlord's rights and remedies enumerated in this Sublease are cumulative and shall not
exclude any other right or remedy allowed by law. These rights and remedies may be exercised
and enforced concurrently, whenever necessary. If Sublandlord is in default under this Sublease,
Sublandlord shall have reasonable and adequate time to cure the default after written notice to
Sublandlord by Subtenant.
9. Subtenant must immediately notify Sublandlord of any damage to the leased premises.
10. Subtenant shall obtain insurance as required in Exhibit B.
Ml~cellaneeu~
I 1. This Sublease shall be construed under Texas law, and all obligations of the parties are
performable in Nueces County, Texas.
12. This Sublease shall bind and inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors, and assigns except as this Sublease
otherwise specifies.
13. If any one or more of the provisions of this Sublease is for any reason held invalid, illegal, or
unenforceable in any respect, that invalidity, illegality, or unen forceability shall not affect any
other provision of this Sublease, which shall be construed as if it had never included the invalid,
illegal, or unenforceable provision.
14. This Sublease constitutes the sole agreement of the parties and supersedes any prior
undentandings or written or oral agreements between the parties respecting the subject matter.
15. If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret this Sublease, the prevailing party is entitled to recover reasonable attorney's fees from
the other. The fees may be set by the court in the trial of the action or may be enforced in a
separate action for that purpose, and the fees shall be in addition to any other relief that may be
awarded.
16. This Sublease and all other copies of it, insofar as they relate to the rights, duties, and remedies
of the parties, shall be considered one agreement. This Sublease may be executed concurrently in
one or more counterparts, each of which shall be considered an original, but all of which together
shall constitute one instrument.
17. Unless this Sublease provides otherwise, any notice, tender, or delivery to be given by either
party to the other may be effected by personal delivery in writing or by registered or certified mail,
postage prepaid, return receipt requested, and shall be considered received as of actual receipt.
Mailing address of Subtenant is:
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Action Texas, Inc.
Arm:
Executive
Director
Mailing address of City:
City of Corpus Christi
Arm: Patricia Garcia, Economic Development Administrator
P. O. Box 9277
Corpus Christi, Texas 78467-9277
18, Time is of the essence in this Sublease.
City of,Corpus Christi
By: //~ - k...~
City Manager
Date:
Approved as to form this I 131-
Lisa Aguilar
Assistant City Attorney
for City Attorney
day of N~:~Lrih'~r, 2004.
Accion Texas, Inc.
By: .(~~~, ,~
Executive Director
STATE OF TEXAS §
COLrNTY OFd~CL:'S
This instrument was acknowledged before me on ~7~A/d/Or~ /4 4~' ,209~,4~by
~,o/v/3 ~'~2 ~E~ as Executive Director for Accinn Texas, Inc. a Texas nonprofit COl~oration,
on behalf of said corporation.
EXHIBIT B
Authorized Subtenant User(s) of Premises
EXHIBIT B
INSURANCE REQUIREMENTS
Subtenant's Liability Insurance
Subtenant must not commence work under this agreement all insurance required herein has
been obtained and such insurance has been approved by the City. Subtenant must not allow
any subcontractor to commence work until all similar insurance required of the subcontractor
has been obtained.
Subtenant must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance,
showing the following minimum coverage by an insurance company(s) acceptable to the City's
Risk Manager. The City must be named as an additional insured for the liability policies.
II.
TYPE OF INSURANCE
30 day written notice of cancellation, non-renewal,
termination or material change and a 10 day written
notice of cancellation for non-payment of premium is
required on all certificatm.
COMMERCIAL GENERAL LIABILITY including:
2.
3.
4.
5.
6.
7.
8.
Commercial Form
Premises Operations
Producta/Completed Operations Hazard
ConWactual Liability
Independent Contractors
Broad Form Property Damage
Personal Injury
Fke Damage Legal Liability
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
Per occurrence aggregate
$500,000 Combined Single Limit
C. In the event of accidents of any kind, Subtenant must furnish the Risk Manager with copies of
all reports of such accidents within 10 days of any accident.
ADDITIONAL REQUIREMENTS
Ceaificate of Insunmce:
The City of Corpus Christi must bc named as an additional insured on the
liability coverage.
If your insurance company uses the standard ACORD form, the cancellation
clause (bottom right) must be amended by adding the wording "changed or"
between "be" and "canceled", and deleting the words, "endeavor to", and deleting
the wording after "left". In lien of modification of the ACORD form, separate
policy endorsements addressing the same substantive requirements are mandatory.
The name of the lease must be listed under "Description of Operations."
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ACORD
CERTIFICATE OF LIABILITY iNSURANCE
IBC InSurance Agent3% Ltd.
5300 Walzem Rd,, Suite 200
San Arttonio
2014 $, Hackberry
San Antonio
TX 78218
TX 782J0
01/04/2005
THIS CERTIFICATE 15 ISSUED AS A MAT~ER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CER~FICA~
HOLDER. THIS CERTIFICA~ DOE5 NOT AMEND, ~END OR
INSURERS AFFORDING CO~GE
~n~F ~ Zurich G~up
THE POUCtES OF iNSURaNCE LIS Tmn ~ELOW HA VE BEEN ISSUED TO THE INSURED N~D ~0~ FOR TNE POUCY PERIOD INDICA TED. NO ~ITHSTAN~I~G
MAY PERT~N, T~E INSUR~CE ~PO~ BY THE PO~CI~S DESC~B~ HEREIN ~S SU~ECT TO ~ THE TERMS, ~C~$10NS ~D COND~IONS OF SUCH
POMCIES, AO GR~G4TE UM~S SHOWN MAY H~VE ~EN REDUCED BY ~O C~S.
ra r~ neumr~ ~. ~umr~q
07/30/2004 07/30/2005
Cetlf. iTaate Holder is additional
CERTIFICATE HOLDER
ACORD ZS.~ (7]~p)
ACOR~
IBC l~tsurgJ,l~e Agellcy, Ltd.
5500 WMzem Rd., Suite 200
San Antonio
CERTIFICATE OF LIABILITY INSURANCE ~'
01/04/~005
THIS CERTIFICATE I$ ISSUED AS A ~A~ OF INFOR~TION
ONLY AND CONFER$ NO ~HT¢ UPON THE CERTIFIGATE
HOLDER, THIS CERTIFICA~ DO~ ~OT ~ND, ~fND OR
78218
TX 78210
2014 S, Hackberry
San .4. ntonio
INSURERS AFFORDING CDFERAG.E
PAS 40985575
Certificate Holder is additional lnruretL
C ER T1FICA TE HOLDER
City of Coep~ C/tr~i
CANCEI..~4 TION
At a m~nimum, a 30-day written notice o£ cancellation, material change, non-
renewal or termination and a 10 day written notice of cancellation £or non-
payment o£premium is required.
If the Certificate of Insurance does not show on its face the existence of the coverage
required by items 1 .B (1)-(8), an authorized representative of the insurance company must
include a letter specifically stating whether items 1 .B. (1)-(8) are included or excluded.
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