HomeMy WebLinkAboutC2009-163 - 4/2/2009 - NANOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
LEASE
BETWEEN
401 WATER STREET, LTD.
AND
THE CITY OF CORPUS CHRISTI
STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL BY THESE PRESENTS
PARTIES:
The parties to this lease are:
Tenant: City of Corpus Christi, a Texas Home-rule municipal corporation, for it's
Corpus Christi Police Department;
and
Landlord: 401 Water Street, LTD. A Texas limited partnership.
2. LEASED PREMISES:
A. Landlord leases to Tenant the following described real property, known as the "leased
premises," along with all its improvements:
Property: Approximately 20,800 square feet of floor space of the building located at: 401
Water Street S in Corpus Christi, Nueces County, Texas which is legally described as
follows: Broadway Court, Lots 1 thru 5 and East 23.89 of Lot 6, block 2, as outlined on the
floor plan attached to this lease as Exhibit A incorporated into this lease by reference.
B. "Property" means the portion of the building in which the leased premises are located,
inclusive of any common areas, drives, parking areas and walks.
3. TERM:
The term of this lease is 48 months, commencing on: August 1, 2009 (Commencement Date)
and ending on July 31, 2013 (Expiration Date).
2009-163
04/02/09
401 Water Street, Ltd.
4. RENT AND EXPENSES:
A. Base Annual Rent: On or before the second day of August each year during this lease,
Tenant will pay Landlord base annual rent as follows:
from Aug ust 1. 2009 to Julv 31, 2010 $10,000.00
from Aug ust 1. 2010 to Julv 31.2011 $10,500.00
from Aug ust 1. 2011 to July 31, 2012 $11,000.00
from Aug ust 1, 2012 to July 31, 2013 $11,500.00
B. First Full Year's Rent: The first full base yearly rent is due on or before August 2, 2009.
C. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the
following person at the place stated or to such other person or place as Landlord may later
designate in writing:
Name: 401 Water Street, LTD.
Address: P. O. Box 6369, Corpus Christi, Texas 78466
D. Method of Pavment: Tenant must pay all rent timely without demand, deduction, or offset,
except as permitted by law or this lease. If Tenant falls to timely pay any amounts due under
this lease or If any check of Tenant is returned to Landlord by the institution on which it was
drawn, Landlord after providing notice to Tenant may require Tenant to pay subsequent
amounts that become due under this lease in certified funds. This paragraph does not limit
Landlord from seeking other remedies under this lease for Tenant's failure to make timely
payments with good funds.
5. TAXES:
Landlord will pay all real property ad valorem taxes assessed against the leased premises.
6. UTILITIES:
A. Unless the parties agree otherwise the Tenant will pay a set fee of fifty dollars ($50.00) per
month for the following utility charges to the leased premises:
(1) Electric; and
(2) Trash.
B. Tenants may negotiate payments for utilities with other parties who have rights of occupancy
at 401 South Water Street.
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7. INSURANCE:
A. Tenant shall maintain general liability insurance in amounts of not less than
$1,000,000/$1,000,000/$1,000,000. Tenant shall file a certificate of insurance with Landlord,
if Landlord so requires, on 30 days written notice. Notwithstanding the foregoing sentence,
the Tenant may meet its insurance obligations through self insurance and excess general
liability insurance coverage.
B. Landlord shall maintain fire and extended coverage insurance on the leased Premises and
shall file a certificate of insurance with Tenant upon commencement of the term hereof.
Tenant shall not be responsible for maintaining any fire and extended coverage insurance on
the leased Premises. Tenant may at its option, provide fire and extended coverage on the
personal property which the Tenant moves into the leased Premises.
C. The premiums paid by Tenant on any insurance obtained by Tenant shall not be considered
as additional rent under this lease.
8. Waiver of Subrogation:
All insurance policies carried by the parties on both the leased Premises and any personal
property used or stored in or on the leased Premises, including but not limited to fire and
extended coverage on buildings and contents, shall allow the insured to waive its right of
subrogation against the other party prior to a loss. Tenant and Landlord hereby release each
other from any and all liability or responsibility to the other or anyone claiming through or under
them by way of subrogation or otherwise for any loss or damage to the leased Premises or
property placed therein caused by fire or any other casualties, even if such fire or other
casualties shall have been caused by the fault or negligence of the other party or anyone for
whom such parties may be responsible.
9. USE AND HOURS:
A. Tenant may use the premises for the following purposes: storage of equipment, evidence
and other personal property.
B. The leased Property maintains operating hours of twenty-four (24) hours a day seven (7)
day a week.
C. Landlord makes no warranties as to the condition of the leased premises or the suitability
of the premises for use by the Tenant.
10. ACCESS BY LANDLORD:
Tenant's possession of the premises shall be exclusive. Landlord may only access the leased
portion of the premises if: (1) entry is made with Tenant's permission and physical escort.
Landlord will not unreasonably intertere with Tenant's business operations when accessing the
leased premises.
11. MOVE-IN CONDITION:
Tenant has inspected the leased premises and accepts it in its present (as-is) condition unless
expressly noted otherwise in this lease. Landlord and any agent have made no express or
implied warranties as to the condition or permitted use of the leased Dremises or Property.
12. MOVE-OUT CONDITION:
A. At the time this lease ends, Tenant will surrender the leased premises in the same condition
as when received, except for normal wear and tear. Tenant will leave the leased premises in
a clean condition free of all trash, debris, personal property, hazardous materials, and
environmental contaminants.
B. "Surrender" means vacating the leased premises and returning all keys and access devices
to Landlord. "Normal wear and tear" means deterioration that occurs without negligence,
carelessness, accident, or abuse.
13. MAINTENANCE AND REPAIRS:
A. Repairs of Conditions Caused bra Part~r: Each party must promptly repair a condition in
need of repair that is caused, either intentionally or negligently, by that party or that party's
guests, patrons, invitees, contractors or permitted subtenants.
B. Repair and Maintenance Responsibility: Except as otherwise provided by this Paragraph 13,
the party designated below, at its expense, is responsible to maintain and repair the following
specified items in the leased premises (if any). The specified items must be maintained in
clean and good operable condition. If a governmental regulation or order requires a
modification to any of the specified items, the party designated to maintain the item must
complete and pay the expense of the modification. The specified items include and relate only
to real property in the leased premises, the repair and maintenance of its personal property.
(Check all that apply,)
N/A Landlord Tenant
(1) Foundation, exterior walls, roof, and other structural
components (excludes pre-existing conditions) ® ^ ^
(2) Glass and windows ^ ^
(3) Fire protection equipment and fire sprinkler systems ^ ^
(4) Exterior & overhead doors, including closure devices,
molding locks, and hardware ^ ^
(5) Grounds maintenance, including landscaping and irrigation
systems ^ ^
4
(6) Parking areas and walks
^ ^
(7) Plumbing systems, drainage systems, electrical systems,
and mechanical systems, except systems or items
specifically designated otherwise
(i3) Ballast and lamp replacement
(g) Extermination and pest control, excluding wood-destroying
insects
(10) Fences and Gates
(11)Wood-destroying Insect treatment and repairs
(12) Security alarm systems
(13) Graffiti Removal
(14) all other items and systems
^ ^
Neither party shall be responsible for the repair and maintenance of items 13 B(1) and 13 B(7)
listed above and marked not applicable (N/A).
C. Notice of Repairs: Tenant must promptly notify Landlord of any item that is in need of repair
and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in
writing.
14. ALTERATIONS:
A. Tenant may alter, improve, or add to the Property or the leased premises without Landlord's
written consent.
B. Tenant may alter any locks or any security devices on the Property or the leased premises
without Landlord's consent.
C. If a governmental order requires alteration or modification to the leased premises, the party
obligated to maintain and repair the item to be modified or altered as designated in Paragraph
13 will, at its expense, modify or alter the item in compliance with the order and in compliance
with Paragraph 14A.
15. LIABILITY:
To the extent permitted by law Landlord Is NOT responsible to Tenant or Tenant's emplovees
patrons, quests. or Invitees for anv damages injuries or losses to person or gropertv caused by
A. an act, omission, or neglect of Tenant Tenant's agent• Tenant's quest: Tenant's employees:
Tenant's patrons• Tenant's invitees• or anv other tenant on the gropertv
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B. fire flood water leaks ice snow hail winds ex losion smoke riot strike interru tion of
utilities. theft burglary, robbery assault vandalism other oersons• or other occurrences or
casualty losses
16. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY,
AND LOCKOUT:
Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with
regard to: (a) abandonment of the leased premises; (b) Interruption of utilities; (c) removal of
Tenant's property; and (d) lock-out" of Tenant.
17. ASSIGNMENT AND SUBLETTING:
Landlord may not assign this lease to any subsequent owner of the Property. Tenant may not
assign this lease or sublet any part of the leased premises.
18. CASUALTY LOSS:
Tenant must immediately notify Landlord in writing of any casualty loss in the leased premises.
If damage to the premises is to the extent that security is compromised the lease may be
terminated by tenant and rent will be abated from the date of Tenant's written notice to Landlord
regarding the casualty loss. Rent will be refunded on a prorated basis.
19. CONDEMNATION:
If after a condemnation or purchase in lieu of condemnation the leased premises are totally
unusable for the purposes stated in this lease, this lease will terminate and rent will be abated
during the unexpired portion of the lease, effective as of the date the condemning authority takes
possession of the premises. If after a condemnation or purchase in lieu of condemnation the
leased premises or Property are partially unusable for the purposes of this lease, this lease will
continue and rent will be reduced in an amount proportionate to the extent the leased premises
are unusable or the Tenant may opt to terminate the lease. Any condemnation award or
proceeds in lieu of condemnation are the property of Landlord and Tenant has no claim to such
proceeds or award. Tenant may seek compensation from the condemning authority for its
moving expenses and damages to Tenant's personal property. Rent will be refunded on a
prorated basis to Tenant by Landlord if the lease is terminated after a condemnation or purchase
in lieu of condemnation.
20. NOTICES:
All notices under this lease must be in writing and are effective when hand-delivered, mailed or
sent by facsimile transmission to:
Tenant at the leased premises,
and a copy to: Angel Escobar, City Manager, City of Corpus Christi, P.O. Box 9277, Corpus
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Christi, Texas 78469-9277. Fax:(361) 826-3177
Landlord at: 401 Water Street, LTD., P.O. Box 6369, Corpus Christi, Texas 78466.
Phone: (361)986-8300 ext. 8361; Fax: (361)986-8411
21. SPECIAL PROVISIONS:
A. Either party may terminate this lease with 90 days notice. CCPD agrees to remove all property
stored on the premises within 90 days of receiving such notice. Rent will be refunded to the
City on a pro-rated basis, no later than 30 days from the date that all property has been
removed from the premises.
B. Tenant, at tenant's own expense, will install or modify existing bars on windows, security
system and any other security devices as necessary.
C. Tenant at tenant's own expense will install or modify network connections to
building, such as fiber, Ethernet connections, telephone connections and electrical
outlets as needed to conduct normal business.
22. AGREEMENT OF PARTIES:
A. Entire Agreement: This lease contains the entire agreement between Landlord and Tenant
and may not be changed except by written agreement. No oral statements or representations
or prior written matter not contained in this instrument shall have any force and effect.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their
respective heirs, executors, administrators, successors, and permitted assigns.
C. Joint and Several: All Tenants are Jointly and severally liable for all provisions of this lease.
Any act or notice to, or refund to, or signature of, any one or more of the Tenants regarding
any term of this lease, its renewal, or its termination is binding on all Tenants.
D. Captions: The captions utilized in this Lease are for convenience only and do not in any way
limit or amplify the terms or provisions of this Lease.
E. Controlling Law: The laws of the State of Texas govern the interpretation, performance, and
enforcement of this lease.
F. Venue: Venue lies in Nueces County, Texas, where this lease was entered into and will be
performed.
G. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of
law, the remainder of this lease will not be affected and all other provisions of this lease will
remain valid and enforceable.
H. Waiver: Landlord's delay, waiver ornon-enforcement of acceleration, contractual or statutory
7
lien, rental due date, or any other right will not be deemed a waiver of any other or
subsequent breach by Tenant or any other term in this lease.
Quiet Enjoyment: Provided that Tenant is not in default of this lease, Landlord covenants that
Tenant will enjoy possession and use of the leased premises free from material interference.
J. Force Majeure: If Landlord's performance of a term in this lease is delayed by strike, lock-out,
shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's
control, the time for Landlord's performance will be abated until after the delay.
K. Recordation: This lease must be recorded in the real property records of Nueces County
Texas at the Landlord's expense.
L. Authority to Execute: In order to make this lease fully binding, each of the parties
acknowledges that the individual who has executed this Lease has been duly authorized to
execute this lease.
EXEC TED IN TRIPLICATE, each of which shall be considered an original, on the ~~ ~ay of
~C ff , 2009.
LANDLORD: 401 Water St., LTD.
By:
Richard C Drilling
Title: I/ P w G'•
for 401 Water Street, LTD
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on VY~a ~~ ~ ~ , 2009, by Richard
C. Drilling, ~ P ~- ~ M (title), for 401 Water St. LTD., a Texas Limited Partnership, on
behalf of the Partnership. ~ ~ c~ n~~~
Notary lic, State of Texas
rre~'+~o~ P J FLANIKIN
` ° Notary Publlc
STATE OF TEXAS
~~
i\`?2a:~;:~ My Camm. EzD• OS-22-2012
TENANT: City of Corpus Christi
ATTEST:
Armando Chapa
City Secretary
CONCUR:
ike alsh
Interim Chief of Police
CITY OF CORPUS CHRISTI
;est. ~¢ a a 9
A ti Escobar
ity Manager
APPROVED AS TO LEGAL FORM: This ~~ day of , 2009.
1 ~ ~1
Aguil~
mt City Attorney
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on c~ , 2009, by t4ngel
Escobar, City Manager of the City of Corpus Christi, a exas home rule municipal corporation,
on behalf of the corporation.
FpLLY FgIIOHTON
MY COMAiI8810N EXPIRES
8aplalnbAr?A, 2012
I~wc-1,~.,, G~_~
Notary Public, ate of Tee
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03/10/2009 09:36 361-986-8411 JOE HOPKINS KIII TV PAGE 02/02
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