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HomeMy WebLinkAboutC2006-498 - 11/14/2006 - Approved J01 N. Chaparral. Suite J06 Corpus Christi. Texas 7M01 Telephone No. (361) 881-Y978 Fax No. (361) 887-6138 LEASE BETWEEN THE CITY OF CORPUS CHRISTI POLICE DEPARTMENT AND THE Nl.JECES COUNTY APPRAISAL DISTRICT STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City of Corpus Christi (City and Lessee) needs office space for its Police Department: and WHEREAS, the Nueces County Appraisal District (Appraisal District and Lessor) has space available at 201 North Chaparral and is willing to lease office space for the Corpus Christi Police Department under the following terms and conditions: NOW, THEREFORE, City of Corpus Christi and Appraisal District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. Appraisal District leases the Premises to the City for its Police Department for a penod of two (2) years beginning October 1, 2006, with the right to renew for three (3) additional one-year periods upon the same terms and conditions, subject to the Police Chief's written request at least sixty (60) days pnor to term expIration and the Chief Appraiser's approval. Police Department may continue to occupy leased premises after expiration of this lease, or any extension thereof, on a month-to-month basis, paying in accordance with the terms of the most current signed lease agreement. 2. Premises. The City shall lease 9,071 (nine thousand seventy-one) square feet of office space in the Nueces County Appraisal District Building, located at 201 North Chaparral (Office Building), on the third floor, as set out on the attached and Incorporated Exhibit A (Premises). Corpus Christi Police Departmen I \lC '\D Building Lease 2006-200" 3. Rental Fee. City shall_pay monthly rent at the rate of $0.5887 per square foot (unit rate as of March 2006). Each year, the Appraisal District will adjust the rental fee by the ratio that the Consumer Price Index (CPI) increases, or decreases, from January 1 to December 31 of the previous year, to calculate the new rental fee for the current year. City shall pay its monthly rental fees 2006-498 11/14/06 M2006-373 Nueces Co. Appraisal District .,., .,_. _........ ""--_"'''''''''.,,,,,,.._. ....._."4""- on or before the tenth (10th) day of each month in advance. Payment shall be made to: Nueces County Appraisal District Attn. Mr. Ollie Grant, Chief Appraiser 201 North Chaparral, Suite 206 Corpus Christi , Texas 78401 4 Utilities. The Appraisal District shall provide all utilities and HVAC in good working order and shall provide maintenance and repairs to utilities and HV AC at its cost. 5, Custodial Services. Appraisal District shall provide custodial services to Premises of the same quality and frequency provided to the balance of the Office Building. 6 Maintenance. Appraisal District shall proVide repair and maintenance services to Premises of the same quality and frequency provided to the balance of the Office Building. 7. Parkina. Appraisal District shall provide four (4) parking spaces reserved for the Police Department on John Sartain Street and one (1) parking space in the north parking lot 8 Sanitation. Appraisal District shall ensure that all refuse is removed from the Premises and Office Building and properly stored and disposed of. 9. Insurance. Appraisal District shall insure the Office Building and City shall insure its own contents including furniture, fixtures, and equipment. 10.Securitv. Appraisal District shall provide whatever type of security system it deems adequate to protect the Premises; Office Building; all furnishings, equipment, papers and personnel. 11.Access. The Premises shall be open to the public on a non-discriminatory basis from 8'00 a.m to 5:00 p.m. Monday through Friday, excluding Nueces County Appraisal District holidays. 12.Default. The following events constitute a breach of this lease and a default thereunder: a) failure of the City to pay its rent on or prior to the due date; b) failure of the City personnel to comply with security measures provided or required by the Appraisal District; or c) destruction or uninhabitability of the Office Building. Corpus C1rristi Police Departtnent NCAD Building Lease 2006-2008 2 13. Remedies. If the City or the Appraisal District default as set out above, ten (10) days notice will be provided to the defaulting party of the default claimed and the timeframe for an additional ten (10) days to cure the default. If the default is not cured within the timeframe set out, the non-defaulting party may elect to cancel this lease immediately and seek all remedies provided under the law. 14. Waiver. Any waiver of breach of anyone or more covenants herein shall not be construed to be a waiver of any subsequent breach of the same or any other covenant. Nor shall failure, on the part of any party, to require exact compliance with any covenant or term of this lease be construed as changing the terms of this lease or estopping the parties from enforcing the full provisions thereof 15. Cancellation. This lease may be canceled upon the occurrence of any of the events of default herein described. 16. Notices and Addresses. All notices, demands, requests, or replies provided for or permitted by this Lease shall be in writing and may be delivered by any of the following: 1 . personal delivery; 2. deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid to the addresses stated below; or 3. facsimile transmission. If to City Police Department: City of Corpus Christi Attn: Chief of Police 321 John Sartain St. Corpus Christi, Texas 78401 Fax No. (361) 886-2607 If to Appraisal District: Nueces County Appraisal District AUn: Mr. Ollie Grant, Chief Appraiser 201 North Chaparral, Suite 206 Corpus Christi, Texas 78401 FAX No. (361) 696-7610 Corpus Christi Police Departmmt NCAD Building Lease 2006-2008 3 17.Surrender. Upon expiration or cancellation of this lease, Police Department shall peacefully vacate the Premises and deliver up the same to the Appraisal District in a reasonably good condition, ordinary wear and tear expected. 18.lnteroretation. a) This lease shall be interpreted according to Texas laws. Venue shall lie in Corpus Christi, Nueces County, Texas, where the lease was executed, the Premises are located. and both parties reside. b) The headings herein are for convenience and reference only and are not intended to define or limit the scope of any provision herein. 19.Assianment or Sublease. Lessee shall not have the right without the prior written consent of the lessor to assign or sublet this lease. 20. Entirelv. a) This lease, and all exhibits, constitutes the entire agreement between the Police Department and the Appraisal District. The unenforceability, invalidity, or illegality of any provision of this lease shall not render the other provisions thereof unenforceable, invalid, or illegal. b) This lease may be modified only by further written agreement between the parties signified by execution by duly authorized representatives of each party. c) All provisions of this lease are for the exclusive benefit of the Police Department and the Appraisal District and shall not be construed to be for the benefit of any third party. 21.ADDroDriations. This lease is subject to annual appropriation of funds by Lessee. If this lease IS not a budgeted item for any City fiscal year, the Lease shall terminate on July 31 of the last fiscal year for which Lease funds have been budgeted. The termination in this manner shall not constitute an event of defa ult. 22. Termination in the event of sale. Lessor may terminate this Agreement, upon six month's advance written notice to Lessee, upon the sale of the Premises. The termination in this manner shall not constitute an event of default Corpus Chnsti Police Department NCAD Building Lease 2006-2008 4 Signed this _ ATTEST: /~ Armando Chapa I__i City Secretary day of i _ ,2006. " .... CITY OF CORPUS CHRISTI ~ <i'eorge K. Nee City Manager }/Itnow -11.2..... ~I) I riU\:IL-- - , 2006. If (',tijMCH ...U~lY./.P..le..__..._. SECI~'~ APPROVED: DAY OF By: Assistant City Attorney For City Attorney Corpus Christi Police Department NCAD Building Lease 2006-2008 Nueces County Appraisal District By: tLLc<i l}\L~~~ Name: Ollie Grant Title: Chief Appraiser By '!iIfl Eto . Sal z - Chairman Board of Directors 5