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HomeMy WebLinkAbout06869 ORD - 04/10/1963IMS:JKH:1 -28 -63 s AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT AND LEASE AGREEMENT WITH BILLY PUGH, LEASING TO SAID BILLY PUGH A PORTION OF THE MUNICIPAL WHARF AREA ADJOINING THE SEAWALL, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID LEASE AND CONTRACT TO BE FOR A PERIOD " OF TWENTY (20) YEARS, BEGINNING ON SEPTEMBER 1, 1963, AND ENDING ON AUGUST 31, 1983- WHEREAS, AT AN ELECTION HELD IN THE CITY OF CORPUS CHRISTI ON JANUARY 26, 1953, THE MAJORITY OF THE QUALIFIED ELECTORS VOTING AT SUCH ELECTION VOTED TO AUTHORIZE THE CITY COUNCIL TO CAUSE TO BE EXECUTED A CONTRACT AND LEASE AGREEMENT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND BILLY PUGH FOR A TERM OF TWENTY (20) YEARS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT AND LEASE AGREEMENT.WITH BILLY PUGH, LEASING TO THE SAID BILLY PUGH A PORTION OF THE MUNICIPAL WHARF AREA An.InINIWn THE SEAWALL. KNOWN AS THE L —HEAD, FOR A TERM OF TWENTY (20) YEARS AT A MONTHLY RATE OF $250.00, SAID LEASE AND CONTRACT TO BEGIN ON SEPTEMBER 11 1963, AND END AUGUST 31,, 1983, ALL AS MORE FULLY SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 41 CONTRACT AND LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THIS CONTRACT AND LEASE AGREEMENT MADE AND ENTERED INTO THIS THE DAY OF , 1963, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, HERBERT W. WHITNEY, HEREINAFTER CALLED PARTY OF THE FIRST PART, AND BILLY PUSH OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED PARTY OF THE SECOND PART. W I T N E S S E T H THAT FOR AND IN CONSIDERATION OF THE COVENANTS AND AGREEMENTS HEREIN CONTAINED AND SUBJECT TO THE PROVISIONS HEREOF, THE PARTY OF THE FIRST PART DOES HEREBY LEASE AND DEMISE UNTO THE PARTY OF THE SECOND PART THE FOLLOWING LANDS. AND PREMISES: BEGINNING AT A POINT, THE INTERSECTION OF THE EAST FACE OF THE BOTTOM STEP OFTHE SEAWALL AND A LINE THAT IS,11 INCHES NORTH OF AND PARALLEL TO THE SOUTH FACE OF THE L READ; THENCE N 73° 41' 10° W PARALLEL TO AND 11 INCHES NORTH OF THE SOUTH FACE OF THE L HEAD A DISTANCE OF 11.02 FEET TO A POINT, SAID POINT BEING THE EAST FACE OF THE BOTTOM STEP OF THE SEAWALL; THENCE N 12° 001 20" E WITH THE EAST FACE OF THE BOTTOM STEP OF THE SEAWALL A DISTANCE OF 70.4o FEET TO A POINT, SAID POINT BEING THE SOUTH FACE OF A RETAINING WALL; THENCE S 73° 401 10" E WITH THE SOUTH FACE OF SAID RETAINING WALL A DISTANCE OF 143.72 FEET, SAID POINT BEING THE EAST END OF SAID RETAINING WALL; THENCE S 30° 491 35H E A DISTANCE OF 80.28 FEET TO A POINT; THENCE S 16° 18' 50" W A DISTANCE OF 15 FEET TO A POINT THAT IS 11 INCHES NORTH OF THE SOUTH FACE OF THE L HEAD; THENCE N 73® 4v 10" W PARALLEL TO AND 11 INCHES NORTH OF THE SOUTH FACE OF THE L HEAD A DISTANCE OF 187 FEET TO THE PLACE OF BEGINNING. WITH THE RIGHT OF INGRESS AND EGRESS FOR THE USES OF THE PROPERTY HEREBY DEMISED AS HEREIN PROVIDED, BUT IT 13 EXPRESSLY STIPULATED THAT SUCH RIGHT OF INGRESS AND EGRESS SHALL NOT INCLUDE THE RIGHT TO OBSTRUCT THE USE BY THE GENERAL PUBLIC FOR PASSAGEWAY OVER AND ACROSS THE LAND AND PREMISES ADJACENT TO THE ABOVE DESCRIBED TRACT OF LAND AND SUCH PASSAGEWAY SHALL AT ALL TIMES BE KEPT UNOBSTRUCTED BY PARTY OF THE SECOND PART, ITS AGENTS, SERVANTS, EMPLOYEES AND PATRONS. THE RENTAL FOR SAID PROPERTY SHALL Be TWO HUNDRED AND FIFTY ($250.00) DOLLARS PER MONTH PAYABLE ON OR BEFORE THE FIRST DAY OF EACH MONTH IN ADVANCE. THE TERM OF THIS LEASE SHALL BE TWENTY (20) YEARS TO COMMENCE AND BEGIN ON SEPTEMBER 1, 1963, AND END AUGUST 311, 1983. THAT SAID PROPERTY IS TO BE USED FOR THE OPERATION OF A BOAT SERVICE CONSISTING OF PERFORMING SERVICES FOR SMALLER BOATS SUCH AS WASHING DOWNY CLEANING, CARE AND INSPECTION AND MAKING MINOR REPAIRS, PROVIDING CREWS FOR BOATS AND PERFORMING EMERGENCY WORK THEREON AND FOR NO OTHER PURPOSE. THAT THE PARTY OF THE SECOND PART SHALL HAVE THE RIGHT TO ERECT IMPROVEMENTS ON SAID PREMISES, WHICH IMPROVEMENTS SHALL BE, IN DESIGN AND QUALITY, IN KEEPING WITH THE BAY FRONT AREA, AND THE PLANS AND SPECIFICATIONS OF SAID IMPROVEMENTS MUST Be SUBMITTED TO THE PARK AND RECREATION BOARD, AND SAID BOARD'S APPROVAL OBTAINED, BEFORE THE ERECTION AND CONSTRUCTION OF ANY IMPROVEMENTS. AS A PART OF THE CONDITION OF THIS CONTRACT, THE PARTY OF THE SECOND PART AGREES TO MAKE THE FOLLOWING IM- PROVEMENTS: (1) THE EXISTING BUILDING NOW ON THE LEASED PREMISES SHALL BE COMPLETELY RECONDITIONED AND THE EXISTING SHED WILL BE REBUILT AND A FORTY (1101) FOOT ADDITION WILL BE ADDED; -2- (2) ALL - WEATHER DOORS WILL BE INSTALLED ON THE EAST END OF SAID BUILDING; (3) ALL OBSOLETE EQUIPMENT WILL BE REPLACED WITH NEW MODERN EQUIPMENT; (4) A PORTABLE, INDEPENDENT, MOVABLE LIFT SHALL BE INSTALLED. SAID LIFT SHALL HAVE THE CAPACITY FOR HAULING BOATS UP TO FORTY -FIVE (145') FEET IN LENGTH OUT OF THE WATER. �5f THREE PIERS FOR REPAIRING BOATS IN THE WATER SHALL BE INSTALLED, TWO OF SAID PIERS SHALL BE OF SUCH CONSTRUCTION THAT THE LIFT REFERRED TO IN (14) ABOVE MAY OPERATE FROM THEM. WORK ON THE ABOVE DESCRIBED IMPROVEMENTS WILL COMMENCE ON OR BEFORE SIX MONTHS FROM THE DATE OF THIS CONTRACT AND SHALL BE COMPLETED'ON OR BEFORE ONE YEAR FROM THE DATE WORK COMMENCES. IV AS FURTHER CONSIDERATION FOR THIS LEASE, THE PARTY OF THE SECOND PART AGREES THAT-HF. WILL CONSTRUCT ENLARGEMENTS TO THE EXISTING BOAT REPAIR SHOP AND OFFICE FACILITIES ON THE PREMISES LEASED, IN STRICT COMPLIANCE WITH THE PLANS AND SPECIFICATIONS PREPARED BY THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI AND DATED DECEMBER, 1961. SAID PLANS AND SPECIFICATIONS ARE MADE A PART OF THIS CONTRACT BY REFERENCE AS THOUGH COPIED HEREIN. A COPY OF SAID PLANS AND SPECIFICATIONS SHALL BE MADE A PART OF THE INVITATION TO BID AND BID PROPOSAL OF THE PARTY OF THE SECOND PART WHEN BIDS ARE TAKEN ON THE CONSTRUCTION THEREOF. V ALL CONSTRUCTION SO PERFORMED WILL BE DONE AT THE SOLE EXPENSE OF THE PARTY OF THE SECOND PART AND AT THE TERMINATION OF THIS LEASE, THE IMPROVEMENTS SHALL BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI, OR, AT THE OPTION OF THE CITY, THE CITY MAY REQUIRE THAT ALL IMPROVEMENTS BE REMOVED FROM THE PREMISES AT THE EXPENSE OF THE PARTY OF THE SECOND PART. -3- VI THAT PARTY OF THE SECOND PART SHALL PROVIDE SUITABLE SIGNS IN- DICATING THAT THE PREMISES ARE OPERATED BY THE PARTY OF THE SECOND PART AS HIS OWN BUSINESS AND NOT BY THE PARTY OF THE FIRST PART. VII THAT THE PARTY OF THE SECOND PART SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDINANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES AND ALL ORDERS AND REQUIREMENTS IMPOSED BY THE HEALTH DEPART- MENT, SANITARY DEPARTMENT, AND POLICE DEPARTMENT FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES IN, UPON, OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT HIS OWN EXPENSE. VIII jTHAT IT IS UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THIS CONTRACT AND LEASE IS NOT ASSIGNABLE IN WHOLE OR PART AND THAT THE PARTY OF THE SECOND PART SHALL HAVE NO RIGHT OR AUTHORITY TO SUS -LET THE PREMISES OR ANY PART THEREON-AND THAT ANY ATTEMPT TO SO DO WILL BE GROUNDS FOR TERMINATION OF THIS LEASE BY PARTY OF THE FIRST PART. u: THAT THE PARTY OF THE SECOND PART SHALL KEEP SAID PREMISES IN A CLEAN AND NEAT CONDITION AND SHALL TAKE GOOD CARE OF THE PROPERTY, KEEPING THE IMPROVEMENTS AND BUILDINGS IN REPAIR AND PAINTED, AND SUFFER NO WASTE DURING THE TERM OF THIS LEASE AND AT THE END OR OTHER EXPIRATION OF THE TERM SHALL DELIVER UP THE DEMISED PREMISES IN GOOD ORDER AND CONDITION, NATURAL WEAR AND TEAR AND DAMAGES BY FIRE AND ELEMENTS ONLY, EXCEPTED. X THAT PARTY OF THE SECOND PART STIPULATES AND AGREES TO HOLD THE PARTY OF THE FIRST.PART HARMLESS FOR ANY HURT, INJURY OR DAMAGE TO PERSONS OR PROPERTY CAUSED BY PARTY OF THE SECOND PARTS OPERATION OF SAID BUSINESS AND AGREES TO CARRY PUBLIC LIABILITY INSURANCE UPON THE SAID BUSINESS IN THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.13D). -4- xi THAT PARTY OF THE SECOND PART STIPULATES AND AGREES THAT HE WILL INCUR NO DEBTS AND OBLIGATIONS ON THE CREDIT OF THE PARTY OF THE FIRST PART IN THE OPERATION OF SAID BUSINESS NOR SHALL THIS AGREEMENT EVER BE CONSTRUED AS GIVING PARTY OF THE SECOND PART THE RIGHT TO DO SO. X11 THAT IN CASE OF DEFAULT IN ANY OF THE AFORESAID COVENANTS, THE PARTY OF THE FIRST PART MAY ENFORCE A PERFORMANCE THEREOF IN ANY MODE PROVIDED BY LAW AND MAY DECLARE THE LEASE FORFEITED AT ITS DISCRE- TION, AND PARTY OF THE FIRST PART, ITS AGENT, EMPLOYEE OR ATTORNEY SHALL HAVE THE RIGHT WITHOUT FURTHER NOTICE OR DEMAND TO RE -ENTER AND REMOVE ALL PERSONS THEREFROM WITHOUT BEING GUILTY OF ANY MANNER OF TRESPASS AND WITHOUT PREJUDICE TO ANY REMEDY FOR ARREARS OF RENT OR BREACH OF COVENANT, OR THE PARTY OF THE FIRST PART, ITS AGENTS AND EMPLOYEES MAY RESUME POSSESSION OF THE PREMISES AND RE -LET THE SAME FOR THE REMAINDER OF THE TERM AT THE BEST RENT THAT MAY OBTAIN AND HOLD THE PARTY OF THE SECOND PART FOR ANY DEFICIENCIES; AND THE PARTY OF THE FIRST PART SHALL HAVE A LIEN AS SECURITY FOR THE RENT AFORESAID UPON THE BUILDINGS CHATTELSp IM- PLEMENTS, TOOLS AND OTHER PERSONAL PROPERTY WHICH ARE, OR MAY BE, PUT ON THE DEMISED PREMISES. x111 ANY CONTRACT AND LEASE NOW EXISTING BETWEEN THE SAME PARTIES COVERING THE SAME PREMISES IS RESCINDED BY MUTUAL AGREEMENT OF THE PARTIES ON THE EFFECTIVE DATE OF THIS CONTRACT. WITNESSETH THE HANDS OF THE PARTIES HERETO THIS THE DAY OF 1 1963. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF , 1963: CITY ATTORNEY THE CITY OF CORPUS CHRISTI BY HERBERT W. WHITNEY, CITY MANAGER PARTY OF THE SECOND PART FINALLY ON THIS THE / C' DAY OF/Al , 19 O p„v, BYV`V1 THE FOLLOWING VOTES JAMES L. 3ARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. PASSED AND APPROVED, THIS THE DAY OF ATT Vir;�z CI SECRE ARY APPROVED AS TO LEGAL FO IS DAY OF CITY ATTORNEY Ud . YOR THE CITY OF CORPUS CHRISTI, TEXAS THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS 1y 3 THE .3p BY THE FOLLOWING VOTE; DAY OF a BEN F. McDoNALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THAT THE VOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE DAY BY THE FOLLOWING VOTE: OF Q om' a'9L , BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD P JOSE R. DELEON M• P. MALDONADO +�0 W. J. ROBERTS FINALLY ON THIS THE RAN _hw._.__.... THAT THE • FOREGO — pD I NANCEWA3 'READ FOR THE•�1'H1 RD�TINE ANb'�pgggly VOTE: DAY OF • 19-- -�--.�_, BY THE FOLLOWING ia f EN F. MCDONALD - To R. SWANTN I DR. MES L BARNARD JOSE R. EON M• P. LOON 0 W• J ROBERTS J ES H. YOUNG PASSED AND APPROVED THE ATTEST: — _�_DAr of CITY SECRETARY APPROVED AS TO LEGAL FORM THIS THE DAY OF MAYOR CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS Cast of CORPUS CMHSTL as s1 N? 4209 I ACCOPNTIN OFFICE ao Fund No Revenue Accoun- Reimbursed Ezp limes: I Cde 7 A , Fmd No ctivity /1 s®rl o�•f Other: Fund No. Acw—t -- — (V.Wte FUyor) (Fink— Accounting Office) (Yellow— NUmert ad F11e)