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HomeMy WebLinkAbout06567 ORD - 07/03/1962AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND CON- TINENTAL OIL COMPANY FOR THE LEASE BY SAID CITY TO THE SAID CONTINENTAL OIL COMPANY OF CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, WITHIN THE LIMITS OF THE CITY OF-,CORPUS CHRISTI, MORE PARTICULARLY DESCRIBED IN THE BODY HEREOF; SETTING FORTH THE TERMS AND CONDITIONS OF SAID LEASE CONTRACT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND ± DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, ' A CONTRACT FOR THE LEASE BY THE SAID CITY OF CORPUS CHRISTI, TEXAS, TO THE SAID CONTINENTAL OIL COMPANY OF CERTAIN REAL ESTATE SITUATED IN NUECES COUNTY, TEXAS, AND WITHIN THE LIMITS OF THE CITY OF CORPUS CHRISTI AND DESCRIBED AS FOLLOWS: BEGINNING AT A COPPER PIN FOR CORNER IN THE EAST FACE OF THE - CONCRETE CAP ON THE LAWRENCE STREET PIER, SAID POINT BEING APPROXIMATELY SEVENTY (70) FEET SOUTH OF THE MOST EASTERLY NORTHEAST CORNER OF SAID PIER; THENCE IN A NORTHERLY DIRECTION ALONG THE EAST FACE OF SAID CONCRETE CAP, A DISTANCE OF 60.77 FEET MORE OR LESS TO THE BEGINNING OF A CURVE TO THE LEFT; , THENCE IN A NORTHERLY AND NORTHWESTERLY DIRECTION ALONG THE FACE OF SAID CONCRETE CAP, ALONG A CURVE A DISTANCE OF 11.70 FEET TO THE END OF SAID CURVE; THENCE IN A NORTHWESTERLY DIRECTION ALONG THE FACE OF THE ' CONCRETE CAP A DISTANCE OF 29.58 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE IN A NORTHWESTERLY AND WESTERLY DIRECTION ALONG THE1, FACE OF SAID CONCRETE CAP, ALONG A CURVE, A DISTANCE OF 7.40 FEET TO THE END OF SAID CURVE; THENCE IN A WESTERLY DIRECTION ALONG THE FACE OF SAID CONCRETE CAP A DISTANCE OF 83.17 FEET TO A POINT FOR A CORNER; ' THENCE IN A SOUTHEASTERLY DIRECTION A DISTANCE OF 147.51 FEET TO THE PLACE OF BEGINNING; TOGETHER WITH THE BUILDING IMPROVEMENTS NOW LOCATED THEREON, A TRUE COPY OF SAID CONTRACT 15 MADE A PART HEREOF. SECTION 2. THE TERM OF THIS LEASE SHALL BE FOR A PERIOD OF FIVE YEARS, COMMENCING ON JUNE 1, 1962, AND ENDING ON MAY 31, 1967. 656 CONTRACT 'THE STATE OF TEXAS 1} COUNTY OF NUECES " This contract of lease and rental made by and between the City of Corpus Christi; of Nueces County, Texas, hereinafter called "Lessor" and ` CORPORATION CONTINENTAL OIL COMPANY, A DELAWARE , hereinafter called - "Lessee ". W I T N E S S E T H For and in consideration of the rentals to be paid by the Lessee to s the Lessor, as hereinafter stated, the Lessor has leased, demised and rented and does hereby lease, demise and rent unto lessee that certain real estate, lot, tract, or parcel of land situated in Nueces County, Texas, within the limits r of the City of Corpus Christi and herein described as follows: BEGINNING at a copper pin for corner in the east face of the concrete cap on the Lawrence Street pier, said point being approximately seventy (70) feet south of the most - ,easterly ~ northeast corner of said pier; THENCE in a northerly direction along the east face of said , concrete cap, a distance of 60.77 feet more or less to the beginning of a curve to the left; THENCE in a northerly and northwesterly direction along the face of said concrete cap, along a curve a distance of 11.70 feet to the end of said curve; THENCE in a northwesterly direction along the face of the concrete cap a distance of 29.58 feet to the beginning of a ' curve to the left; W i THENCE in a northwesterly and westerly direction along the Pace of said concrete cap, along a curve, a distance of 7.1+0 feet to the end of said curve; - THENCE in a westerly direction along the face of said concrete ' cap a distance of 83.17 feet to a point for a corner; THENCE in a southeasterly direction a distance of 147.51 feet to the PLACE OF BEGINNING; together with the building improvements now located thereon. } ' II • The term of this lease shall be for a period of five (5) years to s commence and begin on June 1, 1962, and end on May 31, 1967. The property leased herein to Lessee shall IA' used for a MARINE FILLING STATION and for purposes connected therewith and for furnishing boats " with petroleum products at wharf front, provided, however, that Lessee has i r t L T E• LESSEE AGREE3• TOt PAY 'j,O. THE LESSOR, A, RENTAL OF TWO AND- ONE- QUARTER , -_ �• a CErTS.'�Z ��'PEW4ALLON PER MONTH FOR 'EACH GALLONa OF, GASOLINE AND,DIESEL FUEL,: D_ELIVEREO T.O;jNIS_SERV"LCE'STATjON� BUT NOT LESS'THAN,TWO HUNOREDF)FTY.DOLLARS' -- = - - $250,00,) PER MONTH) DURING THE FIVE .(5), YEAR TERM OFD TH1,S-'LEASE:: MONTHLY RE PORTS, OF DELIVERIES SMALL BE FURNISHED' ON FORMS,, PROVIDED BY THE LESSOR] TO THE'DIREC.TOR- ` • OF' F.I NANCE." THE TOTAL RENTAL PAYABLE I3`A 'MINIMUM.OF FIFTEEN THOUSAND DOLLARS T' , �315j000.W�,�,pAYyyA,,BLE''IN INSTALLMENTS OF TWO - HUNDRED FIFTY (250:00). PER ,DOLLARS MONTHp PAYABLE IN•ADVANCE, EACH MONTNA COMMENCING WITH JUNE' I96E, AND.CONTINUING_- _� ON THE FIRST DAY EACH MONTH THEREAFTER. FAILURE TO PAY ANY 'OF�9AID MINIMUM - ' •INSTALLMENTS, OR ANY OTHEFV SUM DUE FOR RENTAL SHALL SUBJECT THIS LEASE,TOF `•_ FORFEITURE 'AT THE OPTION OF THE L_ESSOR.',' -IN ADDITION TO SAID MINIMUM.MONTHLY RENTALS .; "ANY SUM DUE UNDER THIS-PROVISION SHALL BE PAYABLE WITHIN 'THIRTY (30) DAYS AFTER THE - END OF EACH TERN:'IN ORDER THAT•TFIE•DETERNINAfION`OF THE RENTAL CHARGE PER ` GA1LLDN.:OF GASOLINE'AND DIESEL, FUEL CAN BE,MADEA IT - IS UNDER 'STOOD•THAT JNE LESSEE -•-' v • - SHALL KEEP,.COMPLETE AND ACCURATE RECORDS OF' SUCH DELIVERIES FROM WHICH'CAN�.• ;' -, "., ,i- • •ACCURATELY BE DETERMINED THE AMOUNT DUE,THE CITY AND THAT,3UCH RECOR DSSHALL BE -• SUBJECT TO EXAMINATION BY THE'CITY MANAGER,,-OR ANYONE UNDER HIS DIRECTION -AT ANY•• 'REASONABLE TIME. The privilege of selling minor accessory items as a side line and incidental to the main business of a MARINE FILLING STATION, (no sporting goods items such as fishing tackle, etc., may be sold), and it is further understood and agreed that one office in the building, as it now exists, is to be used by the Harbormaster of the City of Corpus Christi as his office, to be used by him in connection with his job with the City. The Lessee, ag�ees to •p ay toA Lessor a�,rental ;of `one hundred i•H..'4..w:.r •w „g e. ar:i •r':ws�1t }.x+i 4 .' l• ra-. w* a. n, r..l �w�^+ Fw- s�a"w.:�.i.F'4as;exa,....a..� w. ,.... twent -five ($125.00) dollars per month plus per gallon on all gasoline old or delivered to this filling station per month,.plus �� \gallon on all diesel fuel sold or delivered to the filling station each month. Montlhilp\orts of sales shall be furnished on (form provided by the Lessor, to the Director of Finance. The total rental pay.6ie is a minimum of seven thousand five hundred ( °$7,500.00) dollars, ppayable in installments of one ll hundred twenty -five ($125.00) doars per month !payable in advance each month, commencing with May 1, 1962, and contihuin on the first day of each month there- after. Failure to pay any of said miim>.<.monthly installments, or any other sum due for rental shall subject this lease to rfeiture at the option of the lessor. In addition.__ to /saaidthly rental, arty s \e under this provision shall be payable withinthirty (30) days after the end of\each monthly term. In order that the determination of the rental charge per gallon o gasoline, or diesel fuel, cp be made it is understood that the Lessee shall ke complete and accurate records of such deliveries from which can accurately be de ermined the aufount due the City and that such records shall be subject to examination by the City Manager, or any one under his direction at any reasonable time. V It is understood and agreed that if the buildings shall be destroyed by fire or other casualty and should not be replaced by Lessor within a reason- able time, this lease shall be terminated as to both parties as of the date of n such destruction. If said buildings shall only be damaged;so as to be unsuit- able,.in the judgement of the Lessee, for use and occupancy for as much as thirty -2- V, (30) days, and if, immediately after such damage, lessor covenants that he will repair and /or rebuild such buildings, and immediately begin such repair and /or building, then no rental shall be due and payable during the time such repairs and /or replacements are being made; but, when the buildings are placed in the same order as before such damage, rentals shall again be paid hereunder. VI .-•-.«,Lessee ^shall ^•have the- right -^ and - privilege °to -place -ally-necessary; — usual and customary, equipment on the leased premises for the purpose of carrying on the business of selling petroleum products and shall have the right to remove the same at the expiration of the lease, or within a reasonable time thereafter. Lessee responsible for keeping place neat and clean at all times. VII The Lessor agrees to pay all taxes on the land and improvements except the taxes, if arty, on trade fixtures (such as dispensing pumps and storage tanks, title of which is retained in Lessee) put on the property by the Lessee. Lessor further agrees to keep the roof in good condition so that same will not leak. The Lessee agrees to keep the building and improvements in good condition and repair during the term of this lease at Lessee's own expense, except as herein specified to be done by the Lessor. The Lessee further agrees to maintain, keep in repair, and /or replace any broken pilings which are pro- vided for the use of the MARINE FILLING STATION. If Lessee should fail to make said repairs within ninety (90) days after receipt of notice to them that said repairs are necessary, then Lessor may cause same to be made and charge the cost thereof to the Lessee. VIII Separate meters will be provided for utilities used by the MARINE FILLING STATION which shall include those used by the Harbormaster's Office, and cost of these utilities shall be paid for by the Lessee. Open hours for the MARINE FILLING STATION shall be uniform and in accord with the needs of the public and open hours shall be posted at all times. -3- I X Lessor agrees that if it should at any time default in the payment of any taxes, lien, mortgage, or other charge against the premises, Lessee may at its option pay any or all of such sum in default and apply the amount so paid on the rental due under this lease, and /or be subrogated to the rights of the lien holder to the extent of said payments thereon. XI Except as provided in Paragraph XIII, Lessor agrees and covenants that Lessee shall have continuous, peaceful, and exclusive possession, and quiet enjoyment of the entire premises during the term of the lease, the breach of which covenant by operation of law, or for any other reason, even if affect- ing only a small part of the premises, if not promptly corrected, will terminate the lease at the option of lessee. XII If by reason of any law, or ordinance, or injunction, and /or ruling, or regulation, of properly constituted authority, Lessee is legally prevented from using all or any part of the property herein leased, for the purpose it is leased, then, at Lessee's option, this lease shall terminate and the Lessee shall have the right, at its option, to remove all property put on the leased premises by it XIII Lessee covenants and binds itself to obey all sanitary rules and regulations now in force, as well as all City Ordinances and State Laws affecting the property now in force, or which may hereafter be adopted, in the use of such property and the occupancy thereof, and to commit no waste. Lessee further covenants that it will pay the rent from month to month as the same falls due, and if such rent is not paid when due and Lessee remains in default for as much as thirty (30) days after written notices and demand on it to pay the rental, Lessor shall have the right to cancel this lease, re-enter and take possession of the property, but this shall not be the exclusive remedy; however, in such cases, Lessee shall have the right to remove any property which it may have put upon the leased premises within a reasonable time after such forfeiture is declared. -4- Yx9. XIV Lessee shall have the right and privilege to assign this lease or sublet these premises in whole, or in part, for the whole, or any part, of the term of this lease upon such terms as it shall seem best. It is agreed, however, that Lessee shall not assign said lease or sublet said premises to any person, firm, or corporation, which would handle on said premises petroleum products other than those normally sold or supplied by the Lessee without first securing the consent and approval of the City Manager. Should the City Manager refuse to consent to said assignment or sub- lease, the Lessee may, at its option, surrender and cancel said lease and be released from any further obli- gation thereunder. XV It is understood and agreed that any holding over by the Lessee at the end of this lease or at the end of any renewal or extension period without having first renewed or extended this lease in writing shall not be considered as a renewal or extension of this lease for any period longer than one month. XVI It is understood and agreed that this lease shall not become bind- ing until executed by all parties. IN TESTIMONY of all of which witness the hands of both parties hereto in duplicate originals, on this the day of , 1962. ATTEST: CITY OF CORPUS CHRISTI„ TEXAS BY City Secretary City Manager APPROVED AS TO LEGAL FORM MAY , 1962: City Attorn THE STATE OF TEXAS 0 COUNTY OF NUECES 4 BEFORE ME, the undersigned authority, on this day personally appeared HERBERT W. WHITNEY, City Manager of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and -5- Ackn6wle'dged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , 1962. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES b EEFORE NE, the undersigned authority, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said , a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of T_, 1962. Notary Public in and for Nueces County, Texas CITY OF CORPUS CHRISTI CORPUS CHRISTI,.TEYAS TO BE COMPLETED BY BIDDER: DATA SHEET I agree to pay a monthly rental of $125.00 per month, payable each month in advance, for the term of the lease contract, PLUS cents per Gallon on all deliveries of GASOLINE in excess of 10,000 Gallons per month and cents per Gallon on all deliveries of DIESEL FUEL to the MARINE FILLING STATION, per month. All fees other than the $125.00 flat monthly rental rate charge shall be paid monthly, and not later than thirty (30) days after the end of each monthly period. DATE BIDDER BY TITLE „4 THAT THE FOREGOING ORDINANCE WAS FOR THE F TIME AND ; ASrD4O ITS SECOND READING ON THIS THE DAY OF 9 BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD .JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THAT THE FOREGOING ORDINANCE WAS Yk AD FOR THE SE ND TIME AND PASS D O ITS THIRD READING ON THIS THE DAY OF 19 . BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS ���qqqq JAMES H. YOUNG THAT THE FORE ING ORDINA CE WAS EAD FOR yH1;�nTHIRO TIME AND PASSED FINALLY ON THIS THE DAY OF 1 (o p(� BY THE FOLLOWING VOTE: BEN F. MCDONALD Ole, R TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG PASSED AND APPROVED' THIS THE DAY A ./S CITY SEC E T 41 Y APPROVED AS TO LEGAL FORM THIS 3-t DAY OF v u " -0,F .P,P� &5 ITY ATTORNEY 191. MAYOR THE CITY OF CORPUS CHRISTI, TEAS.