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HomeMy WebLinkAbout09882 ORD - 08/10/19700 adw:8/10/70 0 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE LEASE AGREEMENTS FOR MOBILE HOME PARK SUBDIVISIONS, FOR USE BY HURRICANE CELIA VICTIMS, WITH L. D. SCOTT AND WITH WILLIAM J. LUCAS, JR. AND WIFE, ROSEMARY LUCAS, COPIES OF SAID AGREEMENTS BEING ANNEXED HERETO; AND DECLARING AN EMERGENCY. 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 TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, LEASE AGREEMENTS FOR MOBILE HOME PARK SUBDIVISIONS FOR USE BY HURRICANE CELIA VICTIMS WITH THE FOLLOWING PARTIES: L. D. SCOTT, OWNER OF LOMA LINDA MOBILE HOME PARK; AND WILLIAM J. LUCAS, JR., AND WIFE, ROSEMARY LUCAS, OWNERS OF FLOUR BLUFF GARDENS MOBILE HOME PARK; COPIES OF SAID AGREEMENTS BEING ANNEXED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. SECTION 2. THE NECESSITY TO PROVIDE EMERGENCY HOUSING FOR THOSE CITIZENS WHOSE HOMES WERE RENDERED UNINHABITABLE BY HURRICANE CELIA CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLU- TION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO OR- DAINED, THIS THE le4 QA Y OF AUGUST, 1970. ATTEST: CITY SECRETAR APPROVED: i% DAY OF AUGUS , 1970: u TING CITY ATTORfa� THE CITY OF CORPUS CHRISTI, TEXAS �: r r � • THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X THAT, effective from and after the day of August, 1970, WILLIAM J. LUCAS, JR., and wife, ROSEMARY LUCAS (hereinafter called LESSOR), and the CITY OF CORPUS CHRISTI, TEXAS, a home rule city and municipal corporation under the laws of the State of Texas, represented herein by its City Manager, R. Marvin Townsend, (hereinafter called LESSEE), do hereby make and enter into this surface lease as follows, to -wit: (1) For and in consideration of the benefits to the citizens of Corpus Christi, and the establishment of a mobile home park on the hereinafter described property by the United States Government, the adequacy and sufficiency of the consideration for this lease is hereby acknowledged, Lessor hereby leases exclusively unto Lessee the surface of the hereinafter described property situated in the County of Nueces, State of Texas, to -wit: A tract of land containing ten acres, more or less, being the portion of Lots 25 and 24, Section 55, Flour Bluff and Encinal Farm and Garden Tracts as shown by the map thereof recorded in Volume A, Pages 41 and 42 and 43 of the Map Records of Nueces County, Texas, and further described as follows: Beginning at the most westerly corner of said Lot 25: Thence along the southwest boundary line of said Lot 25 and Lot 24 for a distance of 838 feet; Thence in a northeasterly direction parallel with the northwest boundary line of said Lot 25 and for a distance of 519 feet: Thence in a northwesterly direction parallel with the southwest boundary line of said Lots 24 and 25 for a distance of 838 feet to a point on the northwest boundary line of said Lot 25; Thence in a southwesterly direction along the northwest boundary line of said Lot 25 for a distance of 519 feet to the PLACE OF BEGINNING: Subject to all easements, rights of way and encroachments thereon or affecting the same; and subject to and except for. all oil, gas and other minerals therein and thereunder. Said fifteen lots being further described as being: 506, 510, 514, 518, 522, 526,•530, 534, 538, 542, 513, 517, 521 and 525 fronting on Crayton Street and one lot, being 517, fronting on Rosemary Street as designated by City- approved plans drawn by Rader and Associates of the said Flour Bluff Gardens Mobil Home Park. Copies of said plans are on file at the Zoning and Planning Department and the Building Permits Department of the City of Corpus Christi, Texas. (2) The term of this lease is from August , 1970 to August 4,- 1971. Total lease payment is to be in the sum of Sixty -Three Hundred Dollars ($6300), to be paid in twelve (12) equal monthly installments of Five Hundred Twenty -Five ($525) Dollars each per month, commencing on the date hereof. Lessor further agrees to furnish space for fifteen (15) mobile homes, sewage facilities, water, trash and garbage pick -up not less than once per week, and connections for electricity, telephone and gas for service of the above- described fifteen (15) lots, and pursuant to the lot locations and dimensions shown on the plat of Flour Bluff Gardens Mobile Home Park subdivision on file with the City of Corpus Christi, and by this reference incorporated herein for all purposes. (3) It is recognized that the Lessor does not transfer, relinquish or dispose of Lessor's fee ownership of the leased lands, or of Lessor's minerals or mineral rights with respect thereto and Lessor, its successors, lessees, and assigns, shall always have the right to use said leased lands for all purposes except those specifically granted to Lessee herein. (4) Lessee shall have the right to establish a mobile home park for victims of Hurricane CELIA,for the improvement of said property, and the owners of the mobile homes or improvements placed thereon by Lessee shall have the right, within sixty (60) days after the termination of this lease to remove any mobile homes or improvements placed thereon by Lessee after which said sixty (60) day period the remaining improvements shall become the property of Lessor. Lessee's -2- • 0 determination of persons who are Hurricane CELIA victims shall be final and. conclusive. (5) Upon termination of this agreement, Lessee and the owners of the mobile homes or improvements thereon shall have the right within sixty (60) days from and after date of termination to remove from the premises all improvements such as, but not limited to, mobile homes, prefabricated houses, sewage treatment facilities, water pumps, cisterns and supply tanks and other equipment required and necessary for operations of the housing community. (6) Lessee shall hold Lessor free and harmless from, and indemnify Lessor against any and all liability, including death claims, resulting from or caused by the negligence of Lessee, its agents or employees in the use and /or occupation of the leased premises, and /or anyone on the lease property with the express or implied consent of any of said parties, and Lessee shall, at its sole expense, defend any suits and claims that may be asserted against Lessor arising out of, or in anyway connected with, Lessee's ues and /or occupation of said land in the manner aforesaid, but this obligation shall not include any controversy relative to Lessor's title, it being specifically understood that Lessee shall have no right without the prior written consent of Lessor to file or defend any action with respect to title or possession except actions to evict third persons from the leased premises. (7) During the existence of this agreement the Lessor shall assume the responsibility for any taxes levied upon the property described above, IN WITNESS WHEREOF, the parties hereto have executed in triplicate this agreement in the presence of the undersigned competent witnesses on this day of August, 1970. -3- � -, • WITNESSES: LESSOR William J. Lucas, Jr. Rosemary Lucas LESSEE ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS By R. Marvin Townsend, City Manager APPROVED AS TO LEGAL FORM: AUGUST _, 1970 Acting City Attorney THE STATE. OF TEXAS COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM J. LUCAS, JR., and ROSEMARY LUCAS, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL of office this _ day of August, 1970. Notary Public in for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, 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 acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of August, 1970. Notary Public in and for Nueces County,Texas LEASE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X THAT, effective from and after date of execution of lease 1970, L. D. Scott, (hereinafter called Lessor), and the City of Corpus Christi, Texas, a home rule city and municipal corpora- tion under the laws of the State of Texas, represented herein by its City Manager, R. Marvin Townsend (hereinafter called Lessee), do hereby make and enter into this surface lease as follows, to -wit: (1) For and in consideration of the benefits to the citizens of Corpus Christi, and the establishment of a mobile home park on the hereinafter described property by the United States Government, the adequacy and suffi- ciency of the consideration for this lease is hereby acknowledged, Lessor hereby leases exclusively unto Lessee the surface of the hereinafter described property situated in the county of Nueces, Texas, to -wit: Loma Linda Mobile Home Park, being all of Lot 5 of Moolm's Independence Acres, on Violet Road at Mayfield Drive, Corpus Christi, Texas, save and except all of Lot 1, Block "A ", and also recreation and laundry building and all other buildings to be located on Lot 17, Block "C ",- as shown by Plat-approved by the City of Corpus Christi, Texas. (2) The term of this lease is from August 10, 1970, to August 4, 1971. The total lease payment will be in the sum of $42,760.00 to be paid in twelve (12) equal monthly installments of $3,480.00 each per month, commencing on the date hereof. Lessor further agrees to furnish spaces for 87 mobile homes, sewage facilities, water, trash and garbage pick -up not less than one per week, and connections for electricity, telephone and gas for service of the abovedescribed 87 lots, and pursuant to the lot locations and dimensions of the plat of Lama Linda Mobile Home Park Subdivision on file with the City of Corpus Christi, Ttex9s, 1 0 subject to the exceptions noted in Paragraph (1) above, by this reference incorporated herein for all purposes. (3) It is recognized that the Lessor does not transfer, relinquish, or dispose of Lessor's fee ownership of the leased lands, or of Lessor's minerals or mineral rights with respect thereto and Lessor, its successors, lessees, and assigns, shall always have the right to use said leased lands for all purposes except those specifically granted to Lessee herein. (4) (a) Lessee shall have the right to establish a mobile home park for victims of Hurricane Celia for the improvement of said property, and the owners of the mobile homes or improvements placed thereon by Lessee shall have the right, within sixty (60) days after the termination of this lease to remove any mobile homes or improvements placed thereon by Lessee after which said sixty (60) day period the remaining improvements shall become the property of Lessor. Lessee's determination of persons who are Hurricane Celia victims shall be final and conclusive. (b) In the event Lessee has not removed all said mobile homes and improvements by the end of the term of this lease, Lessee shall pay to Lessor the per lot rental, based on the monthly lease installment,for each lot occupied after ten (10) days from the termination of said lease. The total payment due during such holdover shall be calculated by dividing 87 into $3,480.00 and multiplying the quotientby the number of lots still occupied after ten (10) days from the termina- tion of said lease. Such calculation and payment shall be made at the end of the ensuing thirty (30) day period thereafter, and at the ending of the ensuing twenty (20) day period thereafter. (5) Upon termination of this agreement, Lessee and the owners of the Mobile Homes or improvements thereon shall have the right within sixty (60)days from and after date of termination to remove from the premises all improvements such as, but not limited to mobile homes, prefabricated houses, sewage treatment - 2 - facilities, water pumps, cisterns and supply tanks and other equipment required and necessary for operations of the housing community. (6) Lessee shall hold Lessor free and harmless from, and indemnify Lessor against any and all liability, including death claims, resulting from or caused by the negligence of Lessee, its agents or employees in the use and /or occupation of the leased premises, and /or anyone on the lease property with the express or implie4 consent of any of said parties, and Lessee shall, at its sole expense, defend any suits and claims that may be asserted against Lessor arising out of, or in any way connected with, Lessee's use and /or occupation of said land in the manner aforesaid, but this obligation shall not include any controversy relative to Lessor's title, it being specifically understood that Lessee shall have no right without the prior written consent of Lessor to file or defend any action with respect to title or possession except actions to evict third persons from the leased premises. (7) During the existence of this agreement Lessor shall assume the responsibility for any taxes levied upon the property described above. IN WITNESS WBEREOF,'the parties hereto have executed in triplicate this agreement in the presence of the undersigned competent witnesses on this day of , 1970. WITNESSES: LESSOR LESSEE City of Corpus Christi, Texas BY: R. Marvin Townsend, City Manager - 3 - . 0 0 THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared L. D. SCOTT, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL of office this day of August, 1970, Corpus Christi, Nueces County, Texas. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the pusposes and consideration therein expressed, and in the capacity therein stated. 1970. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of August, Notary Public in and for Nueces County, Texas Corpus Christi, Texas 0 day of 19Z o TO THE ME=RS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, FAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. JU V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. ','Wrangler" Roberts Ronnie Sizemore -•i r: