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Home My WebLink About09904 ORD - 08/26/19700 vMP:8/26/70 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE LEASE AGREEMENTS FOR MOBILE HOME PARK SUBDIVISIONS, FOR USE BY HURRICANE CELIA VICTIMS, WITH R. F. EMMORD AND WITH CECIL E. BURNEY, TRUSTEE (LAS PALMAS), 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: 11P` R. F. EMMORD, OWNER OF THAT PORTION OF LOT 27, SECTION 48, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, MORE FULLY DESCRIBED AS "TRACT V AND TRACT 3, DON PATRICIO PLACE, FLOUR BLUFF GARDENS ANNEX, HEREINAFTER REFERRED TO AS 'DON PATRICIO PLACE"; AND CECIL E. BURNEY, TRUSTEE (LAS PALMAS); COPIES OF SAID AGREEMENTS BEING ANNEXED HERETO AND BY THIS REFERENCE INCOR- PORATED 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 ,F/RpOM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO OR- DAINED, THIS THE c W+/ DAY OF AUGUST, 1970. ATTEST: CITY SECRL'TAv I� ` a APPROVED: 1G 4 DAY OF AUGUST, 1970: /CTING it CITY T Y AY THE CITY OF CORPUS CHRISTI, TEXAS R�- • LEASE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 4 THAT, EFFECTIVE FROM AND AFTER THE 25TH DAY OF AUGUST, 1970, R. F. EMMORD (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: THE WEST FIVE (5) ACRES OF THE EAST TEN (10) ACRES, EXCEPT 20 FEET RESERVED ON THE EAST SIDE FOR STREET PURPOSES, LOT 27, SECTION 48, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAID TRACT TO CONTEMPLATE THE DEVELOPMENT OF THIRTY (30) MOBILE HOME SPACES,AND HEREINAFTER REFERRED TO AS "TRACT 1 ^, AND ACCORDING TO THE PLAT, DON PATRICIO PLACE, FLOUR BLUFF GARDENS ANNEX, TRACT 3, AND HEREINAFTER REFERRED TO AS"DON PATRICIO PLACE". (2) THE TERM OF THIS LEASE IS FROM THE DATE HEREOF TO AUGUST $, 1971• PAYMENT IS TO BE IN EQUAL MONTHLY INSTALLMENTS OF TWO THOUSAND FOUR HUNDRED DOLLARS ($2,400.00) EACH MONTH, COMMENCING ON THE DATE THE FIRST GOVERNMENT LEASED MOBILE HOME IS LOCATED ON A SPACE IN THE LESSOR S MOBILE HOME PARK AND ENDING ON THE DATE OF AUGUST 4, 1971. TOTAL PAYMENT OF THIS LEASE IS NOT TO EXCEED THE SUM OF TWENTY -FOUR THOUSAND DOLLARS ($214,000.00). LESSOR FURTHER AGREES TO FURNISH SPACE FOR SIXTY (60) MOBILE HOMES, SEWAGE FACILITIES, WATER, TRASH AND GARBAGE PICK -UP NOT LESS THAN ONCE PER WEEK, AND CONNECTIONS FOR ELECTRICITY, AND GAS.FOR SERVICE OF THE ABOVE- DESCRIBED SIXTY (60) LOTS AND PURSUANT TO THE LOT LOCATIONS AND DIMENSIONS SHOWN ON THE PLAT OF DON PATRICIO PLACE SUBDIVI- SION 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 LESSORS FEE OWNERSHIP OF THE LEASED LANDS, OR OF LESSORS MINERALS OR MINERAL RIGHTS WITH RESPECT THERETO AND LESSORS 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 RIGHTS 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 RENTALS BASED ON THE MONTHLY LEASE INSTALLMENT, FOR EACH LOT OCCUPIED AFTER TEN (10) DAYS FROM THE TERMI- NATION OF SAID LEASE. THE TOTAL PAYMENT DUE DURING SUCH HOLDOVER SHALL BE CALCULATED BY DIVIDING 60 INTO $2,�400.00 AND MULTIPLYING THE QUOTIENT BY THE NUMBER OF LOTS STILL OCCUPIED AFTER TEN (10) DAYS FROM THE TERMI- NATION 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. (C) IN THE EVENT VEHICULAR ACCESS IS PROHIBITED TO TRACT 1 BY GOVERNMENT RULES STATUTES LAW OR AN ACT OF A GOVERNMENTAL AGENCY LESSOR WILL BE RELEASED FROM THE OBLIGATION TO FURNISH MOBILE HOME PARK SPACES ON TRACT 1. -2- (D) IN THE EVENT LESSOR IS RELEASED FROM THE OBLIGATION ON TRACT 1, LEASE PAYMENTS WILL BE REDUCED PROPORTIONATELY SO AS TO COVER THE SPACES ON THE DON PATRICIO TRACT. (5) UPON TERMINATION OF THIS AGREEMENTS LESSEE AND THE OWNERS OF THE MOBILE HOMES OR IMPROVEMENTS THEREON SHALL HAVE THE RIGHT WITHIN SIXTY (CO) DAYS FROM AND AFTER DATE OF TERMINATION TO REMOVE FROM THE PREMISES THE MOBILE HOMES. (0) 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 LESSEES ITS AGENTS OR EMPLOYEES IN THE USE AND/OR OCCUPATION OF TILE 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 ANY WAY CONNECTED WITH LESSEES USES AND/OR OCCUPATION OF SAID LAND IN THE MANNER AFORESAIDp BUT THIS OBLIGATION SHALL NOT INCLUDE ANY CONTRO- VERSY RELATIVE TO LESSORS TITLES 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. (S) IT IS UNDERSTOOD AND AGREED THAT LESSEE SHALL HAVE THE RIGHT TO RESURFACE THE LAND: IF REQUIREDj TRENCH FOR DRAINAGE, LAY WATER LINES AND GAS LINES OVERT THROUGH AND ACROSS THE-PROPERTY AND THE FURTHER RIGHT TO INSTALL SEPTIC TANKS FILTER BEDS, OVERFLOW SEWAGE LINES AND/OR ANY OTHER TYPE OF SEWAGE TREATMENT SYSTEMS INS ON�UNDER AND ACROSS SAID PROPERTY. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED IN TRIPLICATE THIS AGREEMENT IN THE PRESENCE OF THE UNDERSIGNED COMPETENT WITNESSES ON THIS THE DAY OF AUGUSTS 1970. - -3- WITNESSES: LESSOR: R. F. EMMORD ATTEST: LESSEE: THE CITY.OF CORPUS CHRISTI, TEXAS CITY SECRETARY BY APPROVED: R. MARVIN TOWNSEND DAY OF AUGUST, 1970: CITY MANAGER CTING CITY AT EY THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. F. EMMORD, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUB- SCRIBED 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 THE DAY of AUGUST, 1970. NOTARY PUBLIC, NUECES COUNTY, TEXAS THE STATE OF TEXAS Q COUNTY OF NUECES Q 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 THE DAY OF AUGUST, 1970- NOTARY PUBLIC, NUECES UOUNTY, 7EXAS LAND LEASE BETWEEN CECIL E. BURNEY, TRUSTEE (LAS PALMAS), 9W LE CITY OF CORPUS CHRISTI, TEXAS THIS LEASE, made and entered into this 17th day of August, 1970, by and between CECIL E. BURNEY, TRUSTEE (LAS PALMAS), whose address is Box 2467, Corpus Christi, Texas, and whose interest in the property hereinafter described is that of Trustee for his successors and assigns, hereinafter called the "Lessor", and The City of Corpus Christi, Texas, a home ruled city and municipal corporation under the laws of Texas, hereinafter called the "Lessee ". WITNESSETH: The parties hereto for the considerations hereinafter mentioned covenant and agree as follows: 1. The Lessor hereby leases to the Lessee the following de- scribed premises: Property described on Exhibit "All, attached hereto, ' to be used for the purposes of placing Mobile Home Units thereon and subleasing to the occupants thereof. A TO HAVE AND TO HOLD the said premises for the term begin- ning 17 August 1970 through 4 August 1971, provided that unless and until the Lessee shall give notice of termination in accordance with Provision 5. hereof, this Lease shall remain in force and effect thereafter from month to month without further notice. 3. The Lessee has this date paid to Lessor the sum of Six Hundred Forty Six Dollars ($646), which shall cover the rental on the property to 4 September 1970. On 4 September 1970 and on the 4th day of each month thereafter while this lease is in force, Lessee shall pay to Lessor the sum of N I NE HUNDRED SIXTY -SIX AND 86/100 DOLLARS ($966.86) to cover the rental for the succeeding month. 4. The Lessee shall have. the right, during the existence of this Lease, to place and install Mobile Home Units on the premises, to attach fixtures and any other necessary structures or utility systems pursuant to the purposes for which the premises are leased, and any such Mobile Home Units, fixtures, structures, or items placed upon or attached to the said premises shall be and remain the property of the Lessee and may be removed or otherwise disposed of by the Lessee. 5.. The Lessee may terminate this Lease at any time by giving fifteen (15) days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. After 4 August 1971, the Lessee, at his option, may terminate this lease at any time by giving 15 days notice in. writing to the Lessor. C. Any notice shall be in writing signed by a duly authorized repre- sentative of the party giving such notice and, if given by the Lessee, shall be addressed to the Lessor at Box 2467, Corpus Christi, Texas, and if given by the Lessor shall be addressed to the Lessee-at Box 9277, Corpus Christi, Texas. 7. At the option of Lessor, Lessee shall be required to restore the premises to the condition existing at the time of entry, and the Lessor hereby releases the Lessee from any and all claims for damages arising out of use and occupancy of the premises. IN WTTNESS WHEREOF, the parties hereto have hereunto sub- scribed their names as of the date fir 7 writte n / CECIL E. BURNEY, TRUSTAE (LAS PALMAS), LESSOR ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary R. MARVIN TOWNSEND CITY MANAGER, LESSEE APPROVED AS TO LEGAL FORM: % 4AMES R. RIGP Acting City Atidrney -2- BEFORE ME, the undersigned authority, on this day personally appeared R. Marvin Townsend, known to me to be the person whose name Is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of The City of Corpus Christi, Nueces County, Texas, and as the City Manager thereof, and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the / ? day of August, 1970. 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 CECIL E. BURNEY, 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 the i77&4 day of August, 1970. JANE De BORD Notary Public in and for Nueces County, Texas EXHIBIT A I LOTS 26 28 30 32 37 27 29 31 BLOCK F, LAS PALMAS SUBDIVISION, UNIT NO. 2, CORPUS CHRISTI, NUECES COUNTY, TEXAS in LOTS 2 3 4 5 6 7 8 9 10 11 12 -13 14 15 16 17 18 19 BLOCK H, LAS PALMAS SUBDIVISION, UNIT NO. 2, CORPUS CHRISTI, NUECES COUNTY, TEXAS F, LOTS 4 11 12 13 14 15 ' 16 17 18 19 20 21 23 24 25 26 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 BLOCK G, LAS PALMAS SUBDIVISION, UNIT NO. 2, CORPUS CHRISTI, NUECES COUNTY, TEXAS v. F7_ /* Z647- d=Y /O.oz,/ - �:r Pit EEE /41:"e/o I�; 2" ;r*rg. 77'-' Js. rr sz. e6>2 7R tj Ll /41:"e/o I�; 2" ;r*rg. 77'-' Js. rr sz. e6>2 Corpus Christi, TTeexas �ay of 6Z�4,t° 19 0 TO THE MEMBERS OF TILE 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, MAYOR f-- / THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dicl2'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. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore