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HomeMy WebLinkAbout08510 ORD - 07/05/1967IMS:JKH:6 -5 -67 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CON- TRACT WITH CRYSTAL PETROLEUM COMPANY FOR THE LEASE BY SAID CITY TO THE SAID CRYSTAL PETROLEUM COMPANY OF CER- TAIN 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 TEF44S 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, A CONTRACT FOR THE LEASE BY THE SAID CITY OF CORPUS CHRISTI TO THE SAID CRYSTAL PETROLEUM COMPANY OF CERTAIN REAL ESTATE SITUATED IN NUECES COUNTY, TEXAS, AND WITHIN THE LIMITS OF THE CITY OF CORPUS CHRISTI, 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 v 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; I 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 THE 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 BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE TERM OF THIS LEASE SHALL BE FOR A PERIOD OF FIVE YEARS, COMMENCING ON .JUNE 1, 1967, AND ENDING MAY 31, 1972. 8510 CONTRACT z THE STATE OF TEXAS 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 Crystal Petroleum Company ,,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 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 sii;uated in Nueces County, Texas, within the limits 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; TfiF;NCE in a northwesterly and westerly direction along the face of said concrete cap, along a curve, a distance of 7.110 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 commence and begin on June 1, 1967 and end on May 31, 1972. " III The property leased herein to Lessee shall be used for a MARL end for purposes connected therewith and for furnishing boats Vfth petroleum products at wharf front, provided, however, that Lessee has '�ca* ��x =�,•c �� j =� T'n -�:' ;nT <.,.,n.;zc•..•*.vc -•*' n.�y 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. IV THE LESSEE AGREES TO PAY TO THE LESSOR A RENTAL OF $126.0o PER MONTH (MINIMUM OF $125.00 PER MONTH) PLUS $.0151 PER GALLON ON ALL GASOLINE SOLD OR DELIVERED TO THIS FILLING STATION PER MONTH, IN EXCESS OF 10,000 GALS. $.0101 PER GALLON ON ALL DIESEL FUEL SOLD OR DELIVERED TO THE FILLING STATION EACH MONTH. MONTHLY REPORTS OF SALES SHALL BE FURNISHED ON FORMS, PRO- VIDED BY THE LESSOR, TO THE DIRECTOR OF FINANCE. THE TOTAL RENTAL PAYABLE IS A MINIMUM OF SEVEN THOUSAND FIVE HUNDRED SIXTY AND NO/100 DOLLARS $7,560.00), PAYABLE IN INSTALLMENTS OF ONE HUNDRED TWENTY -SIX DOLLARS ($126.00) PER MONTH, PAYABLE IN ADVANCE EACH MONTH, COMMENCING WITH JUNE 1, 1967, AND CONTINUING ON THE FIRST DAY OF EACH MONTH THEREAFTER. FAILURE TO PAY ANY OF SAID MINIMUM MONTHLY INSTALLMENTS, OR ANY OTHER SUM DUE FOR RENTAL SHALL SUBJECT THIS LEASE TO FORFEITURE AT THE OPTION OF THE LESSOR. IN ADDITION TO SAID MONTHLY RENTAL, ANY SUM DUE UNDER THIS PROVISION SHALL BE PAYABLE WITHIN THIRTY (30) DAYS AFTER THE END OF EACH MONTHLY TERM. IN ORDER THAT THE DETERMINATION OF THE RENTAL , CHARGE PER GALLON OF GASOLINE, OR DIESEL FUEL, CAN BE MADE IT IS UNDERSTOOD THAT THE LESSEE SHALL KEEP COMPLETE AND ACCURATE RECORDS OF SUCH DELIVERIES FROM WHICH CAN ACCURATELY BE DETERMINED THE AMOUNT 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 SUCH DESTRUCTION. IF SAID BUILDINGS SHALL ONLY BE DAMAGED SO AS TO BE UNSUIT- ABLE, IN THE JUDGMENT OF THE LESSEE, FOR USE AND OCCUPANCY FOR AS MUCH AS THIRTY -2- (30) DAYS AND IFy IMMEDIATELY AFTER SUCH DANAGE, 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 ALL 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 SHALL BE RESPONSIBLE FOR KEEPING THE PLACE NEAT AND CLEAN AT ALL TIMES. VII THE LESSOR AGREES TO PAY ALL TAXES ON THE LAND AND IMPROVEMENTS EXCEPT THE TAXES, IF ANY, 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 LESSOR AGREES TO KEEP THE BUILDING AND IMPROVEMENTS IN GOOD CONDITION AND REPAIR DURING THE TERM OF THIS LEASE AT LESSORS OWN EXPENSE, EXCEPT AS HEREIN SPECIFIED TO BE DONE BY THE LESSEE. THE LESSOR FURTHER AGREES TO MAINTAIN, KEEP IN REPAIRS AND/OR REPLACE ANY BROKEN PILINGS WHICH ARE PRO- ' VIDED FOR THE USE OF THE MARINE FILLING STATION. LESSEE AGREES TO MAINTAIN PAINTING ON BUILDING AND LESSEES EQUIPMENT. VIII SEPARATE METERS WILL BE PROVIDED FOR UTILITIES USED BY THE MARINE FILLING STATION WHICH SHALL INCLUDE THOSE USED BY THE HARBORMASTERS OFFICE, AND COST OF THESE UTILITIES SHALL BE PAID FOR BY THE LESSEE. IX 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. IN 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 canes, 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. Q.41 XIV : No assignment or sublease of the premises described 'herein, in whole, or in part, shall be made of this lease by Lessee without first obtaining the prior written consent and approval of the City Manager. The 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 prior written consent and approval of the City Manager. 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 binding until executed by all parties. IN TESTDIoNY of all of which witness the hands of both parties hereto in duplicate originals, on this the day of 1967. ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary BY City Manager APPROVED AS TO LEGAL FORM MAY , 1967: City Attorney BY TIP% SPATE OP TEXAS COU7rY OF NUECES BEFORE I -E, the undersigned authority, on this day personally appeared 1C W, WILTTNF.y, City Manager of the City of Corpus Christi,-Texas, known to a to be the person whose name is subscribed to the foregoing instrument, and -5- 7M lr,71, T�', rc•,- -�'A^ %fix .— q?�- c ^er•- T „�z --�-. ”. _,..,...__._.._...... acknowledged to me thati 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 OlT'ICE, This the ___ day of 1967. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, 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 pruposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , 1967- Notary Public in and for Nueces County, Texas • �, rn�"'- "e'm'r;' „.;��s:-- ^F'�- .- '�^•`, :- .T,�,. _r. -?nm. a•-- .,^- rw.s- .�.�- ,^�,. -.� nom,- sm,..�.... -,,•,. .. ^-- THAT THE FOREGOING ORDINANCE WAS 0 FOR THE F RST TIME AND PASSED TO ITS SECOND READING ON THIS THEDAY OF 19_67, BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL THAT THE FOREGOING ORDINANCE 4 S READ FOR E SVOND TIME AND PASSED TO ITS THIRD READING ON THIS THE /4� DAY OF� �9�f BY THE FOLLOWING VOTE: JACK R. BLACK-40N RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL THAT THE FOREGOING ORDINAN- ,,WADS E, -A D—FOR TH THIRD TIME AND PASSED FINALLY ON THIS THE ��j (`iL, DAY OF_I;6\ V �J 8Y THE FOLLOWING VOTE: A JACK R. BLACKMON eaw RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. (/ GABE LOZANO, SR. KEN MCDANIEL ((''�� // PASSED AND APPROVED, THIS THE�DAY OFQ�� CI TV' SECRtTA�RY APPRQVfD AS TO L J DAY OF ITY ATTORNEY MAY IS THE E CITY OF CORPUS CHRISTI, TEXAS 1g