HomeMy WebLinkAboutC2006-398 - 9/12/2006 - Approved
STATE OF TEXAS }
COUNTY OF NUECES }
KNOW ALL MEN BY THESE PRESENTS
LEASE AGREEMENT
BY THE CITY OF CORPUS CHRISTI
AND WILSON PLAZA ASSOCIATES, L.P.
That on this 12th day of ~p.rtAmbP.r, 2006 LANDLORD, Wil~n PI~7~ As~i~tAS I P, AND
TENANT, City of r.oQ)IJS Christi, for and in consideration of the sum of TEN DOLLARS ($10.00), and
other good and valuable consideration and the mutual covenants and agreements herein contained,
the receipt and sufficiency of which is hereby expressly acknowledged, Landlord hereby leases,
demises and lets unto Tenant, and Tenant hereby accepts the Demised Premises to have and to
hold for the lease term and upon the terms and conditions hereinafter stated and agreed to, to-wit:
DEFINITIONS AND BASIC PROVISIONS: The following definitions and basic provisions shall be
construed in conjunction with and limited by the reference thereto in other provisions of this lease and
the Exhibits attached hereto:
(a) "Landlord": Wilson PI~7~ Assor.i~tAS I P
"Address'" 606 N C~r~n~hl J~ #90() COrpl JS r.hristi TX 78476
(b) "Tenant":
llAddress" :
City of Corpu..c; Christi
615 I ~rrt ~lJitA #11 ~-A Cor:pIJS r.hristi TX 7847fl
(c) "Demised Premises": Approximately 5.M3 net rentable square feet in: The Wilson Plaza: an
additional the City of Corpus Christi, Nueces County, Texas, (see Exhibit "A": Legal
Description), address of such premises being shown and outlined on attached Exhibit "8":
Thf! DAmisAd PrAmiSRS also indlJdAS thA right to AxdlJsivA IJSA of 1 0 dAdi~tAd p~rking
spA~ in thA Wilson PI~7A hi Jilding r~rking lot
(d) "Lease Term" A period of fiVA (5) years commencing on OdohAr 1 7000 and ending
~tember 30 ?011.
(e) "Basic Rental": A total sum of $ ~?6!1RO 00 (ThrAA HlJndrAd TWAnty ~ix TholJ~nd l='iVA
HlmdrAtlf Fighty And 00/100 noll~rs) payable at Wilson Plaza, 606 N. Carancahua, #900, Corpus
Christi, Nueces County, Texas, in monthly installments of $ 5 44~ 00 in advance, during the lease
term, There will be a $25.00 charge for any checks returned for non-sufficient funds. Any
penalties for late payments by the City are governed by the Texas Government Code.
(f) "Prepaid Rental": $5 443 00 representing payment of rental for the first month of the lease
term.
(g) "Security Deposit'" $No Security Deposit is on file and none is required.
(h) "Trade Name" and "Permitted Use": MI Jnjdr~1 r.OlJrts,
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2006-398
09/12/06
1\12006-290
Wilson Plaza Associates
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LANDLORD'S SERVICES TO TENANT:
A. Janitorial service (five days a week, Monday through Friday)
B. Trash and garbage disposal
C Provide adequate restroom facilities and maintain and keep such facilities sanitary and in
operating condition, providing sufficient supplies (soap, toilet tissue, towels and disinfectant)
D. Maintain, clean and keep all entranceways, halls and hallways free of unnecessary
obstructions and well lit
E. Lighting fixtures shall be maintained, including the replacement of fluorescent tubes of proper
wattage
F Maintain and keep in good repair the roof and exterior of the building in which the demised
premises are located and to maintain and keep in good repair all side walks, walkways,
parking areas, private streets, roads and alleys that are a part of the development
G. Electricity, water and sewer
Failure to any extent to furnish or any stoppage of these defined services, or from any cause, shall
not render Landlord liable in any respect for damages to either person or property, nor be
construed as an eviction of Tenant or an abatement of rent, nor relieve Tenant from fulfillment of
any covenant or agreement hereof. Landlord, where responsible, shall use reasonable diligence to
reinstate any terminated services listed above promptly, but Tenant shall have no claim whatsoever
for rebate of rent or damages on account of any interruptions in service occasioned thereby
resulting therefrom. This lease is conditioned upon faithful performance by Tenant of the
agreements, covenants, rules and regulations herein contained and agreed to by Tenant.
PAYMENTS: Tenant will pay all rents and sums provided to be paid by Tenant hereunder at the
times and in the manner provided. The obligation of Tenant to pay rent is an independent
covenant and no act or circumstance whatsoever, whether such act or circumstance constitutes a
breach of covenant by Landlord or not, shall release Tenant of the obligation to pay rent, except as
expressly provided herein.
CONSTRUCTION OF IMPROVEMENTS: Landlord shall proceed to construct the Demised
Premises in compliance with the description of the Landlord's work in Exhibit "C" attached hereto
and construct the improvements in accordance with the construction plan, approved by both parties
and attached hereto as Exhibit "0", Any differences between Exhibit "C" and Exhibit "0", Exhibit
"0" will govern.
POSSESSION: The parties hereto anticipate that the leased premises will be ready for Tenant's
occupancy on 10-01-06. If the leased premises are not ready for occupancy on 10-01-06, then the
commencement of this lease shall be extended until the leased premises are ready for Tenant's
occupancy at which time the events called for herein shall begin. If the leased premises are not
ready for Tenant's occupancy on or before 10-01-06, and such delay is not due to default of
Tenant, then Tenant shall have the right to declare this lease canceled. If Tenant elects to exercise
its right of termination, Tenant shall not have any claim against Landlord for breach of contract,
damages or otherwise, and Tenant's only remedy shall be cancellation of this lease. Prior to
exercising this option to terminate this lease. Tenant shall give Landlord 45 days notice in writing in
advance of its intention to exercise such option. If the leased premises are ready for Tenant's
occupancy prior to the end of said 45 days period, or before notice of cancellation is actually
received by Landlord, then this lease shall not be canceled but shall remain in full force and effect.
If possession IS taken prior to commencement date, then the rent shall be pro-rated.
NET RENTABLE AREA: The term "Net Rentable Area (NRA)" as used herein shall refer to all
floor areas within the inside surface of the exterior wall enclosing the portion of the leased premises
and measured to the mid-pOint of the walls separating areas leased by or held for lease to other
tenants or from areas devoted to corridors, elevator foyers, restrooms, mechanical rooms, janitor
closets, building stairs, and other similar facilities for use of all tenants of the building (hereinafter
called "Common Area"), but including a proportionate portion of the Common Area factor equal to
1.19742 % of the leased premises square footage excluding such Common Area allocation. No
deductions from NRA are made for columns or projections necessary to the building.
COMMON AREA MAINTENANCE: The Common Area is the part of the office building designated
by Landlord from time to time for the common use of all tenants, including among other facilities,
sidewalks, landscaping, curbs, loading areas, private streets and alleys, lighting facilities, hallways,
restrooms and other areas and improvements provided by Landlord for the common use of all
Tenants, all of which shall be subject to Landlord's sole management and control and shall be
operated and maintained in such a manner as Landlord, in its discretion, shall determine. Landlord
reserves the right to change from time to time the dimensions and locations of Common Areas and
to construct additional buildings, and to eliminate buildings from the plan as shown on Exhibit "B".
Tenant and its employees, subtenants, licensees and concessionaires shall be part. Tenant shall
not solicit business or display merchandise within the Common Area, or distribute handbills therein,
or take any action, which would interfere with the rights of the persons to use the Common Area
without the prior written consent of Landlord. Landlord may deem it necessary to prevent the public
from obtaining prescriptive rights to make repairs or alterations.
REPAIRS AND RE-ENTRY: Tenant will at Tenant's own cost and expense, repair or replace any
damage or injury done to building or any part thereof by Tenant, tenant's agents, employees, and
invitee, and if Tenant fails to make such repairs or replacements promptly, or within fifteen (15)
days of occurrence, Landlord may at its option, make such repairs or replacements, and Tenant
shall repay the cost thereof to Landlord on demand . Tenant will not commit or allow any water
damage to be committed on any portion of the Demised Premises, and shall, at termination of this
lease, by lapse of time or otherwise, deliver up said premises to Landlord in as good condition as at
the date of possession, ordinary wear and tear excepted, and upon termination of this lease,
Landlord shall have the right to re-enter and resume possession of the Demised Premises.
ASSIGNMENT-SUBLETTING-AL TERATIONS-ADDITIONS-IMPROVEMENTS: Tenant shall not
assign or in any manner transfer this lease or any estate or interest therein or allow same to be
assigned by operations of law or otherwise, or sublet the Demised Premises or any part thereof, or
use or permit same to be used for any purpose other than stated in the use clause hereof, without
written consent of Landlord. Tenant shall not make or allow to be made any alterations or physical
additions in or to the Demised Premises without the written consent of Landlord before making
such alterations or physical additions and such consent may not be unreasonably withheld. Such
alterations, physical additions, or improvements when made to the Demised Premises by Tenant,
shall at once become the property of Landlord and shall be surrendered to Landlord upon
,-~
termination In any manner of this lease; this clause shall not apply to movable fixtures or furniture of
Tenant. Tenant can remove fixtures placed in the leased premises solely by Tenant so long as
removal does not damage the leased premises or make it less rentable, in Landlord's opinion.
Tenant cannot remove carpet or wall covering.
TENANT INSURANCE: It is expressly understood and agreed by the parties that Tenant is a self-
insured Texas home rule municipality and will self-insure itself against all claims, demands or
actions arising out of or in connection with the Tenant's use or occupancy of the demised premises.
Upon request of the Landlord, Tenant will provide proper proof of self-insurance for the lease term.
USE VIOLATIONS AND INSURANCE COVERAGE: Tenant will not occupy or use or permit any
portion of the Demised Premises to be occupied or used for any business or purpose which is
unlawful in part or in whole or deemed to be disreputable in any manner, or extra hazardous on
account of fire, nor permit anything to be done which will in any way increase the rate of fire
insurance on the building or its contents, and in the event that by reason of acts of Tenant, there
shall be an increase in the rate of insurance on the building or its contents created by Tenant's acts
or conduct of business, then Tenant hereby agrees to pay such increase.
LOSS AND DAMAGE TO TENANT PROPERTY: Tenant agrees that its use and occupancy of the
Leased Premises and such other portions of the Office Building as it is authorized to use under the
terms of this lease shall be wholly and at its own risk, Landlord shall have no liability for loss or
damage to the fixtures or the personal property of Tenant, or those claiming under Tenant whether
occurring by reason of theft, vandalism, fire or other casualty or the bursting, stopping of leaking
water, gas sewer pipes or otherwise, nor for injury or death to any person, unless such loss,
damage, injury or death is caused by the negligent act or omission of Landlord.
INDEMNITY LIABILITY AND LOSS OR DAMAGE: By taking possession of the Demised
Premises, Tenant accepts same as suitable for the purpose for which same are leased and
accepts the building and each and every appurtenance thereof, and Tenant by said act waives any
and all visible defects as well as defects that are ascertainable by the exercise of due diligence. To
the extant allowed under Texas law, Tenant agrees that if the Landlord is made a party to any
litigation against Tenant relating to property loss or injury which occurred on the Demised
Premises during the term of this Lease, and such property loss or injury is not caused in whole or
in part by negligent act or omission of Landlord, then Tenant shall, upon receipt of reasonable
notice regarding commencement of litigation, hold Landlord harmless and pay all costs, expense,
and reasonable attorney fees.
DAMAGE CLAUSE: If the Demised Premises or the building in which the demised premises are
located shall be damaged by any means or cause whatsoever except as stipulated under section
for "Tenant Responsibilities," not caused or contributed to by the negligence or fault of Tenant, its
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employees, servants, agents. invitee or visitors, and if repairs of said damage can be reasonably
expected to be substantially completed within a period of thirty (30) days by using standard working
methods and procedures, Landlord shall within a reasonable time after occurrence of said damage,
enter and make repairs and this lease shall not be affected but shall continue in full force and
effect. However, if said damage cannot be repaired within a period of thirty (30) working days by
using standard working methods and procedures, then this lease shall cease and terminate as of
the date of the occurrence, and Tenant shall pay rent hereunder to such date and immediately
surrender the Demised Premises to Landlord. If Landlord restores the Demised Premises,
Landlord shall within a reasonable period of time enter and make repairs and this lease shall not be
affected except that rents hereunder shall be reduced or abated while such repairs are being made
for the period of time and in the proportion that the Demised Premises are un-tenantable. If,
however, such damage is contributed to by or results from the fault or negligence of Tenant,
Tenant's employees, agents, servants, invitee or visitors, such damage shall be repaired by and at
the expense of Tenant, under the control, direction and supervision of Landlord, and the rent shall
continue without abatement or reduction. The completion of the repairs of all such damage is
subject to reasonable delays resulting from survey of such damage, obtaining plans and letting
contracts for repair, adjustments of insurance, strikes, labor difficulties, unavailability of materials or
other causes beyond the control of the party obligated to make such repairs.
SUBROGATION: Landlord and Tenant agree and covenant that neither shall be liable to the other
for loss arising out of damage to or destruction of the Demised Premises or contents thereof when
such loss is caused by any perils included within the State of Texas fire and extended coverage
insurance policy. This agreement shall be binding whether or not such damage or destruction be
caused by negligence of either party or their agents, employees or visitors.
LAWS A.ND REGULATIONS: Tenant will maintain the Demised Premises in a clean and healthful
condition and comply with all laws, ordinances, rules and regulations (State, Federal, Municipal,
and other agencies or bodies having jurisdiction thereof) with reference to use, conditions or
occupancy of the Demised Premises.
RULES: Tenant and Tenant's agents, employees and invitee will comply fully with all requirements
and rules of the building, as set forth in Exhibit "E" hereof. Landlord shall at all times have the right
to change such rules and regulations or to amend them in such reasonable manner as may be
deemed advisable for safety, care and cleanliness of premises and for preservation of good order
therein, all of which rules and regulations, changes, amendments will be forwarded to Tenant in
writing.
ENTRY fOR REPAIRS AND INSPECTION: Tenant will permit Landlord or owner or their officers,
agents and representatives right to enter into and upon any and all parts of the Demised Premises
at all reasonable hours to inspect same or clean or make repairs, alterations or additions as
Landlord may deem necessary and Tenant shall not be entitled to any abatement of or reduction in
rent by reason thereof.
NUISANCE: Tenant will conduct its business and control its agents; employees and invitee in such
a manner as not to create a nuisance. interfere with, annoy or disturb other tenants or Landlord in
the management of the building.
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CONDEMNATION: Should the Demised Premises or the building be taken or condemned in whole
or in part for public purposes, then the term of this lease shall, at the option of the Landlord,
forthwith terminate. Landlord shall receive the entire award from such taking and Tenant shall have
no claim.
HOLDING OVER: In case of holding over by Tenant after expiration or termination of this lease, or
of any renewal or extension thereof, Tenant will pay as liquidated damages double rent for the
entire holdover period and will pay all attorney fees and expenses incurred by Landlord in enforcing
its rights hereunder. No holding over by Tenant after the term of this lease, as such may be
renewed or extended either with or without consent and acquiescence of Landlord, shall operate to
extend this lease for a longer period than one (1) month unless a holdover agreement in writing
specifies a longer period, and any holding over with the consent of Landlord in writing (unless such
consent shall specify a longer period) shall thereafter constitute this lease as a month-to-month.
APPROPRIATION CLAUSE. All parties recognize that the continuation of this lease agreement
after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be
subject to appropriations and budget approval providing for covering this lease agreement as an
expenditure in said budget. City does not represent that the budget item will be actually adopted,
said determination being within the sole discretion of the City Council at the time of adoption of
such budget. The parties agree that payment of monthly rental rate is subject to annual
appropriation of funds for this lease agreement by the City of Corpus Christi. If the lease is not a
budget item for any fiscal year, then this lease terminates July 31 of the last fiscal year for which
lease funds have been appropriated.
RENTAl ADJUSTMENT: The monthly rental from the anniversary date of this lease to December
31 st of such calendar year shall be as set forth in paragraph (e) Definitions and Basic Provisions of
this lease. Effective on the first day of January of the calendar year immediately following the
anniversary year of the execution of this lease and each January first of each year during the term
of this lease, an adjustment of the monthly rental shall take place. Such adjustment shall be based
upon the greater of (a) the Consumer Price Index (CPI) (Section I below) or (b) the prorated share
of Actual Expense Increase of taxes, insurance and utilities (See Section II below). However, in no
event shall the Tenant's rent be increased in the same year by both the Consumer Price Index
method and the Actual Expense Increase method.
I. CONSUMER PRICE INDEX - On the 1 st day of January of each year referenced above, the
Consumer Price Index, all items, U.S., 1967=100, (or the replacement index if the Consumer
Price Index has been discontinued) will be compamd to thg Index on the origination date of
this lease and any increase will be multiplied against the monthly rental set forth in
paragraph (e) Definitions and Basic Provisions, to determine the monthly rental rate for the
next ensuing months (January through and including December).
II. ACTUAL EXPENSE INCREASE: Effective on the 1 st day of January of each year
referenced above, the total expense of taxes, insurance and utilities for the months of
January through and including December or the previous calendar year shall be compared
to the total expense of taxes, insurance and utilities (which maybe required to be estimated
by Landlord) for the next 12 months (January through and including December) and the
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Tenant's monthly rent shall be increased by 1/12th of the Tenant's prorated share of such
increases in expenses Tenant's prorated share shall be determined by dividing Tenant's net
rentable space by the total net rentable space in the building. In the event that such an
increase is due under this lease, Landlord may notify Tenant in writing of any such increase
in the monthly rent, which will then become effective for the months of January through and
including December of the applicable calendar year. In the event Landlord fails for any
reason to notify Tenant of the increase, or if such increase is not determined until after the
1 st day of January of the effective calendar year, such will not abate or waive the additional
rental sums due Landlord and Tenant shall pay all such sums upon demand. The term
"calendar year" as used herein means for the months of January through and including
December of the year affected by the increase.
By way of an example only, if a lease is effective on October 1, 1993 then on January 1, 1995, the
monthly rental rate shall be increased based upon one of the methods described above (the
Consumer Price Index method or the Actual Expense Increase method) for the calendar year 1994.
TENANT DEFAULT AND REMEDIES: The following events shall be deemed to be events of
Default by Tenant under this lease:
(1) Tenant shall fail to pay any installment of rent here under and such failure shall continue for
a period of ten (10) days.
(2) Save and except for monthly payment of rent, which is covered in subparagraph (1) above,
Tenant shall fail to comply with any term, provision or covenant of this lease, and shall not
cure such failure within thirty (30) days, after written notice thereof to Tenant, or if Tenant
shall not have proceeded with all due diligence to cure such failure on such a manner that
such failure is cured in any event within ninety (90) days, after written notice thereof to
Tenant.
(3) Tenant or guarantor of Tenant's obligations under this lease shall become insolvent or shall
make a transfer in fraud of creditors, or shall make an assignment for the benefit of
creditors.
(4) Tenant or any guarantor of Tenant's obligations under this lease 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 Tenant or any guarantor of Tenant's
obligations under this lease.
(5) A receiver of Trustee shall be appointed for the Demised Premises or for all or substantially
all of the assets of Tenant or any guarantor of Tenant's obligations under this lease.
(6) Tenant shall desert or vacate any substantial portion of the premises.
(7) Tenant shall do or permit to be done anything, which creates a lien upon the premises.
Upon the occurrence of any such events of default, Landlord shall have the option to pursue any
one or more of the following described remedies, in addition to all other rights and remedies
provided at law or in equity, without any notice or demand whatsoever:
(A) Landlord may declare this lease terminated by giving notice to Tenant of Landlord's election
to terminate the lease and thereby relieving Landlord and Tenant from further liability
hereunder.
(B) Landlord may terminate this Lease Agreement and the terms created thereby and forthwith
repossess the Demised Premises, with or without process of law, and remove all persons or
property from the Demised Premises without being deemed guilty of trespassing or without
prejudice to any other remedy of Landlord for such default. Upon such termination, Landlord
shall be entitled to recover as damages a sum of money equal to the total of (i) the cost of
recovering the Demised Premises; (ii) the unpaid rent earned at the time of termination, plus
interest thereon at the maximum lawful rate per annum from the due date; (Hi) the present
value of the balance of the rentals due for the remainder of the lease term, plus interest
thereon at the maximum lawful rate. and (iv) other sums of money and damages owed by
Tenant to the Landlora
(C) The Landlord may terminate the Tenant's right of possession (but not the Lease) and may
repossess the Demised Premises by forcible entry or detainer suit or otherwise, without
demand or notice of any kind to the Tenant and without terminating this Lease, in which
event the Landlord may, but shall be under no obligation to do so, relet the same for the
account of the Tenant for such re/etting the Landlord is authorized, but not required to
decorate or to make any repairs, changes, alterations or additions in or to the Leased
Premises that may be necessary or convenient. If the Landlord shall fail or refuse to relet
the demised premises, or if the demised premises are relet and a sufficient sum shall not be
realized from such re/etting to payor satisfy the total of (i) the cost of recovery of the
demised premises; (ii) the cost and expenses of such decorations, repairs, changes,
alterations and/or additions; (iii) the unpaid rent earned at the time of termination of the
Tenant's right of possession plus interest thereon at the maximum lawful rate from the due
date; (iv) the present value of the balance of the rentals due for the remainder of the lease
term, plus interest thereon at the maximum lawful rate, and (v) any other sum of money in
damages owed by the Tenant to the Landlord; then, in that event, the Tenant shall satisfy
and pay any deficiency which exists upon demand therefore by Landlord. The Tenant
agrees that the Landlord may file suit to recover any sums falling due under the terms of this
paragraph. No delivery or recovery of any portion due the Landlord hereunder shall be any
defense to any subsequent action brought for any amount not theretofore reduced to
judgement in favor of the Landlord nor shall such reletting be construed as an election on
the part of the Landlord to terminate this lease, unless a written notice of such intention be
given to the Tenant by Landlord. Notwithstanding any such reletting without termination, the
Landlord may at any time thereafter, elect to terminate this Lease for previous breach. In no
event shall Tenant be entitled to receive any excess of any rent obtained by reletting over
and above the Basic Rental herein provided.
(0) The Landlord may take such action required to cure the breach and bill Tenant for any
expenses incurred by the Landlord in curing such breach, and the Tenant shall be obligated
to pay such bill immediately upon its receipt by Tenant.
ATTORNEY FEES: If on account of any breach or default by Tenant in its obligations hereunder,
Landlord shall employ an attorney to enforce or defend any of Landlord's rights or remedies
hereunder, Tenant agrees to pay any reasonable attorney's fees incurred by Landlord in such
connection.
LATE PAYMENT CHARGES Late Payment charges shall accrue as authorized under the Texas
Government Code, Chapter 2251. This charge shall be in addition to all other remedies provided
:=:
for herein.
QUIET POSSESSION: Landlord hereby covenants that Tenant, upon paying rent as herein
reserved, and performing all covenants and agreements herein contained on part of Tenant, shall
and may peacefully and quietly have, hold and enjoy the Demised Premises.
SUBOItDINATION: Tenant hereby subordinates this lease and all rights of Tenant hereunder to
any mortgage or mortgages, or vendor's lien or similar instruments shall be superior to and prior to
this lease. Tenant further covenants and agrees that if any mortgagee or other lien holder acquires
the Demised Premises by foreclosure, or if any other person acquires the Demised Premises as a
purchaser at any such foreclosure sale (any such mortgagee or other lien holder or purchaser at
any such foreclosure sale being each hereinafter referred to as "The Purchaser at Foreclosure"),
Tenant shall thereafter, but only at the option of the Purchaser at Foreclosure, as evidenced by the
written notice of its election given to Tenant within a reasonable time thereafter, remain bound by
novation or otherwise to the same effect as if a new and identical lease between the Purchaser at
Foreclosure as Landlord and Tenant as Tenant, had been entered into for the remainder of the
term of the lease in effect at the institution of the foreclosure proceedings. Tenant agrees to
execute any instrument or to confirm any election to continue this lease in effect in the event of
foreclosure, as above provided.
SEVERABILITY: If any clause or provision of this lease is illegal, invalid or unenforceable under
present or future laws effective during the term of this lease, then and in that event it is the intention
of the parties hereto that the remainder of this lease shall not be affected thereby, and it is also the
intention of the parties to this lease that in lieu of each clause or provision that is illegal, invalid or
unenforceable, there be added as a part of this lease a clause or provision as similar in terms to
such clause or provision as may be possible and legal, valid and enforceable. The caption of each
paragraph hereof is added as a matter of convenience only and shall be considered to be of no
effect in the construction of any provision or provisions of this lease.
MULTIPLE TENANTS: If more than one Tenant is named in this lease, the liability of each shall be
joint and severaL
MISCELlANEOUS:
1. Tenant shall not place. install or operate in the Demised Premises or in any part of the
building, any engine or machinery, or maintain, use or keep any inflammable explosive or
hazardous material nor do any work causing noxious or malodorous fumes of any kind
whatsoever without prior written consent of Landlord.
2. No signs, advertisements or notices shall be painted or fixed on or to any windows, or doors,
or other parts of the building, except of such color, size and style, and in such places as
approved by Landlord.
3. Tenant shall refer all contractors, contractor's representatives and installation technicians,
rendering any service to Tenant to Landlord for Landlord's supervision, approval and control
before the performance of any contractual service is done. This provision shall apply to all
work performed in the building including installations of telephones, telegraph equipment,
electrical devices, and attachments. and installations of any nature affecting floors, walls,
woodwork, trim, windows, ceiling equipment or any other physical portions of the building.
Landlord shall not be responsible for any work or for contractor, contractor's representatives,
or installation technicians who render any services for the Tenant and Tenant shall hold
Landlord harmless therefrom.
4 Directory strips shall be furnished upon move-in, strips requested after Landlord will furnish
move-in with an applicable charge
5 No portion of Tenant's area or any other part of the building shall at any time be used or
occupied as sleeping quarters or lodging quarters.
6 All services rendered by Building personnel who is the responsibility of the Tenant will be
charged at current rates, which are subject to increase, with a minimum one (1) hour.
7 Landlord will not be responsible for lost or stolen personal property, equipment, money or
jewelry from Tenant's area or public rooms regardless of whether such loss occurs when the
area is locked against entry or not.
8 All plans for any improvements or alterations made by Tenant and at Tenant's expense,
must be submitted for Landlord's approval. Upon completion of said improvements or
alterations, "as built" drawings shall be furnished to Landlord by Tenant at Tenant's
expense.
9. Landlord will not permit entrance to Tenant's suite by use of pass keys controlled by
Landlord to any person at any time without written permission by Tenant, except employees,
contractors, or service personnel directly supervised by Landlord.
10 Tenant warrants that it has had no dealing with any broker or agent in connection with
negotiation or execution of this lease other than Landlord's broker, if any. Landlord's broker
is ARMCO - Gulf Coast, LTD. CO.
RELOCATION: Upon at least sixty (60) days' notice to Tenant, the Landlord shall have the right to
relocate Tenant within the building in a designated space which is the same size or larger and of
the same quality and style and suited to Tenant's use. Such relocation shall be made at Landlord's
sole expense, including necessary reprinting of Tenant's stationary, envelopes, business cards,
door signs, exterior signage, and to re-establish the interior as their previous space, etc. Rent shall
not be increased if the relocation office space is larger. Relocation date shall be contained in the
relocation notice referred to above. Landlord shall not be liable to Tenant or in connection with
such relocation except for undue delay or property damages caused by Landlord or Landlord's
employees, agents or contractors. If and when relocation occurs, the lease shall be amended so
as to substitute the new space for the old.
NOTICE: Whenever any Notice or Demand is required or permitted pursuant to the terms and
conditions of this Lease Agreement, such Notice or Demand shall be given or served in person or
shall be deemed to have been served, whether actually received or not, when such Notice or
Demand is reduced to writing and deposited in the United States Mail, postage prepaid, certified
mail, return receipt requested, addressed to the party to whom directed as follows:
LANDLORD:
Wilson Ffaza Associates L. P.
606 N. Qf3rancahua. #900
Corpus Christi. TX 78476
TENANT:
The City of Camus Christi
1201 Leopard S1.
Corpus Christi. TX 78476
Attn: Director of Municipal Courts
10
Such address may from time to time change by either party hereto by serving Notice as provided
herein
TENANT BROKER: In the event Tenant employs a broker to negotiate future Lease transactions,
whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the
Tenant and not included in the new Lease.
ENTIRE AGREEMENT: It is agreed by Tenant, as a material consideration for the execution of this
Lease, that there are, and were, no verbal representations, understandings, stipulations,
agreements or promises pertaining thereto not incorporated in writing herein, and it is likewise
agreed that this lease shall not be altered, waived, amended or extended otherwise than as
provided herein, except same may be done in writing signed by proper authority.
TRANSPER OF LANDLORD'S LIEN: Landlord shall have the right to transfer and assign, in whole
or in part, all and every feature of its rights and obligations hereunder and in the property and
building referred to herein. Such transfers are to be in all things respected and recognized by
Tenant.
OTHER CONDITIONS: None.
, c::-(h- ( . ,
WITNESS MY HAND this i J day of '~1, 20 O<e.
Wilson lIaza Associates. L. P.
.-::......--".,.- .-.-)
--~ "t<\...
Focus Investment Co. L.C'C.
General Partner By Robert H. Winter
General Manager
STATE OF TEXAS }
COUNTY OF NUECES }
This instf\Jment was acknowledged before me on
General Manaqer for Focus Investment Co.LLC. Gen
i:.rY'- if. D,'s h.-?N
.
Printed n.me of Notary
.,~
WITNESS MY HAND this -.!L_ day of
CITY OF CORPUS CHRISTI, TEXAS
,20~.
Attest
11
(A~e
City Manager
Approved as to form: September.~ '2..;-2006
I
Armando Chapa
City Secretary
'i~
Lisa Aguilar, s istant City Attorney
for City Attorn y
STATE OF TEXAS }
COUNTY OF NUECES }
: ,.----
This instrument was acknowledged before me on ~ ~\J}tr' (S ,2006 by George K. Noe,
City Manager for City of Corpus Christi. a Texas home-rule municipality, on behalf of such
municipality C~~ f1~
Printed name of Notary Notary Public in and for the State of Texa....
My commission expires:
ro~t, 1- ~ C1 () ",.
li/I ,I Li0
IY CQUN(,il _ ,_ .,. _"'+""':-
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'I~
--'SECiTAIv'l'~
...ti''f PII" Connie Parks
~~k ~ M,", Commission Expires
~' ~ L<~ No"eml)(,' 09 2007 R
IL "t'Of~
12
EXHIBIT" A"
LEGAL DESCRIPTION
Situated in the County of Nueces, State of Texas, to-wit:
TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Replat of the Lots
No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of
Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4,
Page 18, Map Records, Nueces County, Texas.
TRACT It Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in
Block Tlvee (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the map
or plat thereof" recorded in Volume A, Page 3, Map Records, Nueces County, Texas.
TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown on
the map or plat of said city, recorded in Volume A Page 3, Map Records, Nueces County, Texas and
being more particularly described by Metes and bounds as follows:
BEGINNING at a drill hole, In a concrete retaining wall, in the east boundary line of North
Carancanua Street, the southwest comer of Block 3, BLUFF PORTION of the City of Corpus Christi,
Texas BAd southwest comer of the R M. K1eberg Tract, for the northwest comer of this survey;
Thence South 88 degrees 31 '20" East with the south boundary line of said Block 3, and north
boundary line of said K1eberg Tract, and with the general course of an old board fence, 301.76 feet to
a one inch iron pipe in the west boundary line of North Broadway, the Southeast comer of said Block
3, the northeast comer of said Kleberg Tract, for the Northeast comer of this survey;
THENCE South 1 degree OQ'West with the said West boundary of North Broadway, and east
boundary line of said K1eberg Tract, 50 feet to a one inch iron pipe for the Southeast comer of this
Survey;
THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north
boundary line of said K1eberg Tract, 301.84 feet to a drill hole in a concrete retaining wall in said east
boundary line of North Carancahua Street, and west boundary line of said K1eberg Tract, for the
southwest comer of this survey;
THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and
west bol.l1dary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same
land as described in a certain deed dated May 5, 1930, from R M. K1eberg, and wife, Mamie
S. Klebefl to D. K Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records,
Nueces County, Texas.
13
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EXHIBIT "C"
LANDLORD'S IMPROVEMENTS
Tenant accepts Demised Premises in "AS IS" condition.
Landlord has contracted with an independent company to repair the surface of the open parking lot
and to re-stripe the parking spaces.
15
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GRANDBERRY
EXHIBIT "E"
RULES & REGULATIONS FOR PROTECTION OF TENANT AND PROPERTY
1 The requirements of Tenant will be attended to only upon application at the office of the
building. Employees of Landlord will not perform or do anything outside of regular duties,
LI'lless under special orders from Landlord's Management Office.
2. Tenant will be allowed access to the building between 7:00 am and 6:00 pm. Tenant may also
enter the building after these hours using their lobby keys and their office keys. He may
exclude anyone not satisfying the watchman of his right to enter the building. The Landlord
\Nill in no case be liable for damages for any error with regard to the admission to or exclusion
from the building of any person. In case of invasion, riot, public excitement or other
commotion, Landlord reserves the right to prevent access to the building during the
continuance of same by closing doors or otherwise.
3. The sidewalks, entries, passages, court, corridors, stairways, elevators and all other common
areas shall not be obstructed in any way, by Tenant, his employees or agents, or used by
them for purposes other than for ingress or egress to and from their respective suites.
4. AU safes or other heavy articles shall be carried up or into premises only at such times and in
such a manner as shall be prescribed by Landlord, and Landlord shall in all cases have the
right to specify the proper weight and position of any such safe or heavy article. Any damage
done to the building by taking in or removing of said articles, or during the time they are in the
leased premises, in any way, shall be paid by Tenant. Defacing or injuring in any way, in any
part of the building by Tenant, his agents or servants, shall be paid by Tenant.
5. No furniture, packages, supplies, equipment or merchandise shall be received in the building
or carried up or down elevators, except between such hours and in such elevators as shall be
designated by Landlord
6. No sign, fixture, advertisement or notice shall be displayed, painted or affixed by Tenant on
any part of the outside or the inside of said building or on or about the premises of any Tenant
without the written consent of Landlord, and only then of such color, size, style, materials and
other specifications as shall be specified by Landlord and such approval shall not be
unreasonably withheld.
7. No Tenant shall obstruct or interfere with the rights of other Tenants or in any way injure or
annoy them, or conflict with the laws relating to fire, or with any regulation of the fire
department, or with any Insurance policy upon said building or any part thereof, or conflict with
any of the rules or ordinances of the Board Of Health Of Corpus Christi, Texas.
8. No Tenant shall employ any person or persons other than the janitor of Landlord for the
purpose of cleaning or taking care of the leased premises without written consent of landlord.
Landlord shall in no way be responsible to any Tenant for any loss of property from leased
premises, however occurring, or for any damage done to the furniture by the janitor or any of
his employees, or by other person or persons whomever, when in the employ of Tenant. The
Janitor of the building may at all times keep a passkey and he and other agents of Landlord
shall at all times be allowed admittance to the leased premises.
9 No additional locks shall be placed on any doors without the prior written consent of Landlord,
nor shall any duplicate keys be made Landlord shall furnish all necessary keys and it shall be
sLITendered to Landlord upon termination of this lease, and Tenant shall then give Landlord or
his agents, explanation of the combination to all locks upon doors of vaults, with the exception
of ATM. Landlord will furnish keys requested after initial keys have been made with an
applicable charge to Tenant
17
10 The restrooms, lavatories, drinking fountains and other water fixtures shall not be used for any
purpose other than those for which they were constructed, and any damage resulting to them
from misuse, or defacing or injury of any part of the building shall be borne by the person who
shall occasion it. No person shall waste water by interfacing with the faucets or otherwise.
Drinking fountains are not to be used for the cleaning of coffee pots. Coffee grounds are not
to be disposed of in drinking fountains or sinks.
11 No person shall disturb the occupants of the building by the use of any musical instrument, the
making of unseemly nOises, or by interfering in any way. No animals will be allowed in the
building, with the exception of such animals as specifically trained to aid the handicapped.
12 Ne bicycles or similar vehicles are to be allowed in the building.
13 Nothing shall be thrown or lowered from any of the windows from the building or down the
stairwells or other passages.
14 Landlord shall not be liable for any damages from the stoppage of elevators for necessary
repair and maintenance or desired repairs and improvements or delays of any sort or duration
in connection with the elevator service.
15 If Tenant desires telegraphic, telephonic or other electronic connections, Landlord or its
agents will direct the technicians as to where and how the wires may be introduced, and
without such directions no boring or cutting of wires will be permitted.
16 Tenant shall not be permitted to use or keep in the building, any kerosene, camphene, burning
fluid or other illuminating materials, except candles, and except the electricity in general use in
the building.
17. No sleeping, cooking, dyeing clothes, cleaning, or laundering shall be done or permitted on
the demised premises without the written consent of Landlord, with the exception of normal
microwave oven use.
18. La1dlord reserves the right to exclude or expel from the building any person who, in the
judgement of Landlord, is intoxicated or under the influence of liquor or drugs, or shall in any
manner do any act in violation of any rules and regulations of the building.
19. Movement in or out of the building of furniture or office equipment or dispatch or receipt by the
Tenant of any merchandise or materials which require the use of elevators or movement
through the building entrances or lobby shall be restricted to the hours designated by
L.,dlord. The Land-lord may require any such movement of furniture or equipment that will
interfere with normal building traffic is to be restricted to odd hours, as follows: after 6:00 am
Monday through Friday, or Saturday and Sunday.
20. Removal of furniture from the building will require presentation of a permit or written
authorization to an authorized representative of Landlord. Security guards, janitors,
watchmen, as well as employees and agents of Landlord have the right to challenge any and
all persons leaving the building with such articles.
21. Ca1vassing, soliciting or peddling In the building is prohibited without written consent from
Landlord, and Tenant shall cooperate to prevent it.
22. All stairwell doors are to be kept closed at all times. The stairwells are a refuge in case of fire,
and an open door may permit smoke to enter the area thereby making evacuation impossible.
23. Use of space heaters of any kind are prohibited in Wilson Plaza.
18
EXHIBIT "F"
MAINTENANCE AND REPAIR
Tenant shall promptly reimburse Landlord for the cost of repairing or replacing damage, which is
caused by Tenant, Tenant's agents, employees, family, or licensees, invitee, visitors, or customers,
plus 1 0% overhead. Landlord may require advance payment therefor prior to repair or replacement.
Landlord shall maintain the interior of Tenant's office space in good repair at Tenant's expense.
Landlord shall have the right of approval of all repairmen or maintenance personnel. Tenant shall not
damage or allow others to damage any portion of the leased premises. Tenant shall pay for
unstopping any drains or water closets in Tenant's office space.
19
"..-._~. ",.. _...~._.. ~~.
EXHIBIT "G"
ACKNOWLEDGEMENT OF LEASE
The undersigned parties acknowledge that the lease described below is in full force and effect.
Date of lease: SeptemhAr 1? ?oon
Lanclord: Wil~on PI;::I7;::1 A.~~()('j;::lte~ I P
Tenant: The ~ity of ~Or:pIJ~ ~hri~ti
Suite No. 113-A Square feet of rentable area f) 443
Building address: 61 f) I eor;::lrrJ
City/County/StatelZip: ~or:pIJS ~hri~ti NIJer.e~ Tex;::l~ 78476
Building legal description: Tha Wil~n PI;::I7;::1 ;::In ;::IcirJition to
the r,ay of ~or:plJ~ ~hri~ti NIJAl'.A~ ~ollnty Tex;::l~ (~eP.
Fxhitt "A". I ~;::II ne~iption) ;::Idcire~~ of ~I J('h premi~e~
being!~hnwn ;::Inn 01 JtlinecJ on att;::lmeci Fxhibit "R"
The cor1lTlencement date, annual anniversary date, and ending date of the initial lease term as
defined irl paragraph 4.1 of above lease are as follows:
Commencement date (month, day, year) OdohAr 1 ?oon
Annual Anniversary date (month, day) OdohAr 1
EndinG date (month, day, year) SertembP.r 30 ?011
The pafties acknowledge that the lease has not been amended or modified and that his
acknowlc:tgement may be filed of record with the Texas Secretary of State or the county where the
building is located in order to record (1) Tenant's possession rights to the leased premises, and (2)
Landlorcf6 contractual landlord lien rights over all personal property therein. The entire lease is
hereby alirmed and incorporated herein. The lease will cease to be an encumbrance to Landlord's
title if Lamdlord files an affidavit of record, stating that Tenant no longer occupies the premises and
that Tenant's right of possession has been lawfully terminated.
LANDLORD:
TENANT:
~. \Nif~ 1"'lIiL-"7~ ~~or.i;::lte~
.~~.~"R~A-
P
George K. Nee
City Manager
Focus Imestment Co. LLC.
General Partner By
Robert H. Winter, General Manager
General Manager
q/ {0v~
Date
Signed
Date signed
20