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Home My WebLink About08949 ORD - 07/31/1968IMS:B.Iw:6 /26/68 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH SEA AND SEA MOBILE HOMES, INC. FOR THE LEASING OF LOTS 1 AND 1A, McBRIDE COMMERCIAL SITES, FOR A MOBILE HOME SALES CENTER, FOR A TERM OF FOUR (4) YEARS AND ELEVEN (11) MONTHS, FOR A RENTAL OF $8,850, PAYABLE IN 5 INSTALLMENTS OF $150 EACH,. BEGINNING AUGUST 1,, 1968,',ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HERE- OF BY REFERENCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, 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 LEASE AGREEMENT WITH SEA AND SEA MOBILE HOMES, INC. FOR THE LEASING OF LOTS 1 AND 1A, MCBRIDE COMMERCIAL SITES, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A MOBILE HOME SALES CENTER, FOR A TERM OF FOUR _ (4) YEARS AND ELEVEN (11) MONTHS, FOR A RENTAL $8,850, PAYABLE IN 59 INSTALL MENTS OF $150 EACH, BEGINNING AUGUST 1, 1968, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HEREOF BY REFERENCE. 8949 COAiTRACT AUD IWASE AGRrF ENT TIIE STATF OF TEXAS C OUn KNOW ALL INEDT BY THESE PFi;SEDiTS:. ;Y OF NUECES THIS CONTRACT AND LEASE AGREItERI'made and entered into this _ day of , 1968, by and between the City of Corpus Christi, Texas, a municipal corporation, acting by and through its duly authorized City Manager, R. PMarvin Townsend, hereinafter called Party of the First Part, and 'SEA AND SEA MOBILE HOMES, INC. � a Texas Corporation; having its home office in NUECES County, Texas, hereinafter called Pasty of the Second Part. _ WIT PIE S SETH That for and in consideration of the covenants and agreements herein contained and subject to the provisions hereby, the Party of the First Part does hereby lease and demise unto the Party of the Second Part the following lands and premises: All of Lots 1 and 1A of the McBride Commercial Sites, according to map or plat thereof recorded in Volume 25,' at page 30 of the map records of Nueces County, Texas, to which reference is here made for all purposes, which property is situated in Nueces County, Texas. " I The rental for said property shall be 8,850.00 , payable in 59 monthly installments of $_11(1.00 _ each, payable in advance, on or before the 1st day of each month, beginning with an installment payment upon the execution of this Lease Agreement. II The term of this lease shall be for five (5) years, to commence and begin AucusT -I*;, 1968, and to terminate at midnight on June 30, 1973.' II]' It is further expressly covenanted and. agreed by and between the parties hereto that the Party of the First Paxt shall have the privilege and right to terrai ate this lease at any time during its term on giving the Party of the Second Part sixty (o'0�' days written notice to vacate said leased premises ar•d on the expiration of said sixty (6Cj day period the Party of the First Part shall have the right to enter into and upon and repossess said premises to the complete exclusion of the party of the Se;_ord Part and said Party of the Second Part shall mane no further demand or claim of any.kind against the Party of the First Part resulting from or growing out of the terms of the provisions of this Lease Agreement, and upon the termination of this lease in, accordance with the provisions of this paragraph, Party of the Second Part will no longer be liable hereunder for the payment of any monthly installment payment falling due after the expiration of such sixty (60) day period. 1V The property leased herein to the Party of the Second Part is to be used for the sole and exclusive purpose of operating a Mobile Homes Sales Center. V The Party of the Second. Part shall not erect any structure or improvements of any kind on said property unless the written consent of the Party of the First Part is obtained prior to the beginning of such construction. In the event such consent is obtained plans for such con- struction or improvements must be submitted to the Director of Public Works of the City of Corpus Christi, Texas, for his approval and such constructiop or improvements shall be erected in conformity, in all respects, to the plans and specifications approved by said Director of Public Works. It is further expressly agreed that any structure or improve- ments erected on said premises shall on the termination of this lease for any cause become in all respects the property of the Party of the First Part and the Party of the Second Part shall have no claim or right of any kind against the Party of the First Part for said structures or improvements or on the value of same. - YII 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 Department, Sanitary D parttent, and Police Department for the correction, prevention and abatement of nuisances in, upon,'br connected with said premises during the term of this lease at its own expense. Y_rII That it is understood and agreed by and between the parties hereto that this contract and lease is not assignable in whole or part nor may the premises be subleased without the written consent of the City' Manager of the City of Corpus Christi being obtained in connection with such assignment or such subletting. TX The Party of the Second Part shall keep said premises in a clean and neat condition and shall take good care of the property and at the end of the term of this lease or on its being terminated as provided herein, the Party of the Second Part shall deliver up the demised premises in good . order and condition, natural wear and tear and damages by the elements only, excepted. The Party of the Second Part stipulates and agrees to hold harmless and defend the Party of the First Part against any hurt, injury, claim or damage to persons or property which occurs or arises on said demised Property during the term of this Lease Agreement. }CC The Party of the Second Part stipulates and agrees that it will not represent, commit or involve in any way said demised property as its own or as the basis of or security for any debts, liabilities or obligations asserted against it, obtained or undertaken in its own behalf. a XII That in connection with this Lease Agreement, it is understood and agreed that Party of the Second Part may use that strip or parcel of land lying between the two (2) lots above described, which strip or parcel of land is known as Jamison Lane,' which is e dedicated public street, but which is presently unopened, for such length of�time, not to exceed the p term of this lease, as it is permissible in the public interest for Party of the Second Part to use the same. By this provision, it is understood and agreed that the Party of the First Part has the right at any time it i may deem proper in the public interest to terminate completely Party of the Second Part's use of Jamison Layne so that said strip might be devoted j to its dedicated use. It is understood, however, that the permissive' use i of Jamison Lane hereunder does not constitute any part of the conside.ra'Lion for the execution of this base Agreement so that should it become necessary i to terminate Party of the Second, Part's use of said Jamison Lane, then in i that event, it will not entitle Party of the Second Part to any reduction ' in the agreed rental of $ $,850.00 Also, it is understood and agreed that the above obligations imposed upon Party of the Second. Part with reference to Lots I and IA, of the McBride Commercial Sites are also appli- cable to Jamison-Lane. Party of the Second Part agrees to use said Jamison Lane at all times in such a way as to subordinate its use to the general puolic's right to use Jamison Lane as a dedicated, but unopened, street. XIJ i Party of the Second Part agrees to maintain the building located upon Lot 1, of the McBride Commercial Sites, at all times, keeping the same i in a good state of repair, including the accomplishment of all minor repairs i that might become necessary from time to time, will keep the same covered at all times by fire and casualty insurance in keeping with its reasonable 4 market value. Party of the Second Part agrees to be liable for the payment of all utility bills in connection with the use of the property above described. That in case of default in any of the aforesaid covenants, the *`^ Party of the First Part may enforce a performance thereof in any manner provided by law and may declare the lease forfeited and at its discretion the Party of the First Part, its agent, employee or attorney shall have the right without further notice or demand to re` -enter said premises and ' remove all persons thera: °-ro:a without being guilty in 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 of the best rental they may obtain and hold the Party of the Second Part liable for any deficiencies that occur therefrom; and the Party of the First Part shall have . a lien as security for the rental aforesaid upon all chattels, implements, tools and other personal _property which may be put on said demised property. WITNESSETH the hands of the pasties hereto this the day of , .1968. .ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS City Secretary R. Marvin Townsend, City Manager Party of the First Part APPROVED AS TO %MAL FOPM THIS DAY OF _ ; 1968: SEA AND SEA MOBILE HOMES, I NC. City Attorney Br l _ST': ATTEST Secretary f 1 i J ` THAT THE FOREGOING ORDINANCE WAS FOR THjFRS TI ME AND PAS TO ITS SECOND READING ON THIS THE DAY OF BY THE FOLLOWING VOTE: ��"" JACK R. BLACKMON RONNIE SIZEMORE - V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THAT THE FOREGOING ORDINANf ,WAS READ FOR TH S O TIME AND PA TO ITS THIRD READING ON THIS THE DAY OF t9 p BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THAT THE FOREGOING ORDINANC ' RD TIME AND PASSED WAS READ FOR THE T fI FINALLY ON THIS THE 1,D16 DAY OF 19 �d - - ING VOTE: , BY THE FOLLOW- , - JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR.� KEN MCDANIEL W. J. "WRANGLER" ROBERTS PASSED AND APPROVED, THIS THE 9�i4't7DA OF 196 Y. ATTEST.• d CIT SECRE ARY MAYOR P AP ROVED TA CITY OF C P CHRISTI, TEXAS 6 DAY OF � 9 �p CITY ATTORU YCITY�