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HomeMy WebLinkAboutPR 11882:CITY CREDIT UNIONinteroffice MEMORANDUM To: From: Subject: Date: Mayor, City Council, City Manager Mark T. Sokolow, City Attorney Ft~-~f%~, Judith S. Rawls, First Assistant City Attorney~ P. R. No. 11882; Council Meeting of October 29, 2002 October 23, 2002 Attached is P. R. No. 11882 approving a lease between the City of Port Arthur and City Employees Federal Credit Union. MTS/JSR/jb Attachment cc: City Employees Federal Credit Union z.prl1882 ,memo P. R. No. 11882 lO/1 /o2 - jb RESOLUTION NO. A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND CITY EMPLOYEES FEDEKAL CREDIT UNION WHEREAS, enter into a lease Credit Union; and WHEREAS, the proposed lease between the City of Port Arthur and City Employees Federal Credit Union is attached to this Resolution as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the prea~le are true and correct. Section 2 That the City Council authorizes the City Manager to execute the lease in substantially the same form as attached hereto as Exhibit ~A" between the City of Port Arthur and City Employees Federal Credit Union. the City of Port Arthur desires to agreement with City Employees Federal Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Counci 1. READ, City Council following vote: Council ADOPTED AND APPROVED on this __ day of , A.D., 2002, at a Regular Meeting of the of the City of Port Arthur, Texas, by the AYES: Mayor , City NOES: ATTEST: OSCAR ORTIZ, MAYOR EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTP~ATION: STEVE FITZGIBBONS, CITY MANAGER EXHIBIT A "AS IS" LEASE PREAMBLE WHEREAS, the City Employees Federal Credit Union has been using the space at City Hall in Exhibit "A" since 1971 and they had been previously based in City facilities since their organization in 1950; and WHEREAS, the City Employees Federal Credit Union and the City desire to enter into a written lease as follows: Date: Landlord: Landlord's Address: Tenant: Tenant's Address: Premises: Name of building: Rent: Term (months): Terms November 1, 2002 City of Port Arthur 444 4th St., P. O. Box 1089, Port Arthur, Texas, 77641-1089 City Employees Federal Credit Union 444 4th St., P.O. BOX 1089, Port Arthur, TX, 77641-1089 See diagram attached as Exhibit A to Lease. City Hall $100 per year Twelve (12) months Commencement Date: Termination Date: Security Deposit: Use: November 1, 2002 Lease will automatically renew on an annual basis unless notice of termination by either Landlord or Tenant is given 30 days prior to the end of the Lease period, such renewals not to exceed a total of twenty (20) years. $100 For purposes of City Employees Federal Credit Union as to provide convenient services for City employees and retirees. Minimum Amount of Liability Insurance: Death/Bodily Injury: $800,000.00 Property: $50,000.00 Definitions "Rent" means Base Rent plus any other amounts of money due Landlord by Tenant. "Landlord" means Landlord and its agents, employees, invitees, licensees, or visitors. "Tenant" means Tenant and its agents, employees, invitees, licensees, or visitors. Clauses and Covenants Tenant agrees to: 1. Lease the premises for the entire Term beginning on the Commencement Date and ending on the Termination Date. 2. Accept the Premises in their present condition "AS IS", the Premises being currently suitable for Tenant's intended Use. 3. Obey all laws, ordinances, orders, rules and regulations applicable to the use, condition, and occupancy of the Premises, including the rules and regulations of the building adopted by Landlord. 4. Pay annually, the Base Rent to Landlord at Landlord's address, which annual rem is payable on the first day of November of each year. 5.Pay, as additional Rent, all other amounts due under this Lease. 6. Pay a late charge of 5 percent of any Rent not received by Landlord by the tenth day of(November) each year. 2 7. Pay for all utility services used by Tenant and not provided by Landlord in its sole discretion. 8.Allow Landlord to enter the Premises to inspect the Premises. 9.Repair, replace, and maintain the Premises. 10.Repair any damage to the Premises caused by Tenant. 11. Maintain public liability insurance for the Premises and the conduct of Tenant's business, naming Landlord as an additional insured, in the amounts stated in the Lease. 12. Maintain insurance on Tenant's personal property. 13. Deliver certificates of insurance to Landlord before the Commencement Date and thereafter when requested. 14. Indemnify, defend, and hold Landlord harmless from any loss, attorney's fees, court and other costs, or claims arising out of the use of the Premises. 15. Vacate the Premises upon termination of this Lease. Tenant agrees not to: 1. Use the Premises for any purpose other than that stated in the Lease. 2. Create a nuisance. 3. Interfere with any other tenant's normal business operations or Landlord's management of the building. 4. Permit any waste. 5. Use the premises in any way that is extrahazardous, would increase insurance premiums, or would void insurance on the building. 6. Alter the Premises. 7. Assign this Lease or sublease any portion of the Premises without Landlord's written consent. Landlord agrees to: 1. Lease to Tenant the Premises. Landlord agrees not to: 1. Except as delineated herein, interfere with Tenant's possession of the Premises as long as Tenant is not in default. Landlord and Tenant agree to the following: 1. Alterations. Landlord may require that Tenant, at termination of this Lease and at Tenant's expense, remove any physical additions and improvements, repair any alterations, and restore the Premises to the condition existing at the Commencement Date, normal wear expected. 2. Abatement. Tenant's covenant to pay Rent and Landlord's covenants are independent. Except as otherwise provided, Tenant will not be entitled to abate Rent for any reason. 3. Casualty/Total or Partial Destruction a. If the Premises are damaged by casualty and can be restored within ninety days, Landlord may in its sole discretion, restore the leased space to substantially the same condition that existed before the casualty. If Landlord fails to complete restoration within ninety days from the date of written notification by Tenant to Landlord of the casualty, Tenant may terminate this Lease by written notice to Landlord. b. If the Premises cannot be restored within ninety days, Landlord has an option to not restore the Premises. If Landlord chooses not to restore, Landlord will notify Tenant that the Premises will not be restored. If Landlord chooses to restore, Landlord will notify Tenant of the estimated time to restore and give Tenant an option to terminate this Lease by notifying Landlord within ten days. If 4 Tenant elects to not terminate this Lease or does not notify Landlord within ten days, the Lease will continue. 4. Default by Landlord/Tenant's Remedies. Tenant's only remedy for Landlord's default is to terminate this Lease. 5. Default by Tenant/Events. Defaults by Tenant are (a) failing to pay timely Annual Rent, and (b) failing to comply within ten (10) days after written notice with any provision of this Lease. 6 Default by Tenant~Landlord's Remedies. Landlord's remedies for Tenant's defaults are to (a) enter and take possession of the Premises; and (b) terminate this Lease by written notice. 7. Venue. Venue is in Jefferson County. 8. Entire Agreement. This Lease is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this Lease or to any expressly mentioned exhibits and riders not incorporated in writing this Lease. 9. Amendment of Lease. This Lease may be amended only by an instrument in writing signed by Landlord and Tenant. 10. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE. 11. Notices. Any notice required or permitted under this Lease must be in 5 writing. Any notice required by this Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, and addressed to the intended recipient at the address shown in this Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 12. Abandoned Property. Landlord may retain, destroy, or dispose of any property left on the Premises at the end of the Term. 13. The Lessee will be maintaining cash and other negotiated instruments in the premises and the Lessee shall be solely responsible for any and all security precautions, if any, that are needed therefore. The City will not be responsible for any loss caused by burglary or theft. 14.. In case of an emergency involving public health and safety, the City reserves the right to secure or close the building, temporarily restricting access thereto until the emergency subsides. 15. The lease can be terminated by either party, with thirty (30) days written notice. SIGNED and agreed to on the __ day of ,2002. Landlord, City of Port Arthur By: Title: 6 SIGNED and agreed to on the dayof . _, 2002. Tenant, City Employees Federal Credit Union By: Title: 7 EXHIBIT "A" STAZRjS SNACK BAR STORAGE ELEVATOR STAIRS MEN'S BUNKING VACAN,~T CONFERENCE .... PUBLIC INFO. SECRETARY I COORD. IECEPTION OFFICE \ CREDIT UNION CLENKS BASEMENT