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Home My WebLink About09916 ORD - 09/09/1970• BJ1+ :9/2/70 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT AND LEASE AGREEMENT CONSTITUTING A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY WITH EDWARD E. HOGAN, LEASING TO THE SAID EDWARD E. HOGAN A TRACT OF LAND CONSISTING OF 1.068 ACRES, FOR AND IN CONSIDERA- TION OF THE TERMS AND CONDITIONS SET FORTH IN SAID CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE, SAID LEASE BEING F0p A PERIOD OF FIVE (5) YEARS BEGIN- NING SEPTEMBER �s', 1970; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT AND LEASE AGREEMENT, WHICH SHALL CONSTITUTE A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY, WITH EDWARD E. HOGAN, LEASING TO THE SAID EDWARD E. HOGAN A TRACT OF LAND CONSISTING OF 1.068 ACRES OF LAND, MORE PARTICULARLY DESCRIBED IN CONTRACT AND LEASE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF, LOCATED WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A TERM OF FIVE (5) YEARS, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF SAID AGREEMENT BEING ANNEXED HERETO. SECTION 2. THE NECESSITY FOR ENTERING INTO THE CONTRACT AND LEASE AGREEMENT DESCRIBED IN SECTION I HEREOF CREATES A PUBLIC EMERGENCY AND IM- PERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUC- TION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 6)tc DAY OF SEPTEMBER, 1970. 0 THE CITY OF CORPUS CHRISTI, TEXAS a RWC:VMP:9 /2/70 CONTRACT AND LEASE AGREEMENT THE STATE OF TEXAS 9 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I THIS CONTRACT AND LEASE AGREEMENT MADE AND ENTERED INTO THIS • ell DAY OF SEPTEMBER, 1970, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, R. MARVIN TOWNSEND, HEREINAFTER CALLED CITY, AND EDWARD E. HOGAN OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED LESSEE. 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 HEREBY., THE CITY DOES HEREBY LEASE AND DEMISE UNTO THE LESSEE THE FOLLOWING LANDS AND PREMISES: BEING A 1.068 ACRE TRACT OF LAND OUT OF A PART OF THE DEDICATED STREET RIGHT OF WAY OF TIMON BOULEVARD AS SHOWN BY BROOKLYN ADDITION RECORDED IN VOLUME 4, PAGE 13, MAP RECORDS, NUECES COUNTY, TEXAS, SAID TRACT OF LAID BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEAST RIGHT OF WAY LINE OF 60 FOOT WIDE HULL STREET AND THE SOUTHEAST RIGHT OF WAY LINE OF THE PRESENT U. S. HIGHWAY 181; THENCE S. 58' 11' 49" E., WITH THE NORTHEAST RIGHT OF WAY LINE OF SAID HULL STREET, A DISTANCE OF 133.81 FEET TO A POINT; THENCE S. 13° 54' 08" E., A DISTANCE OF 111.87 FEET TO A POINT FOR THE MOST WESTERLY AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 730 341 30" E., A DISTANCE OF 100.0 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE N. 15° 021 3011 W., A DISTANCE OF 15.00 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE N. 47° 34' 3011 E., A DISTANCE OF 288.88 FEET TO A POINT IN THE SHORELINE OF CORPUS CHRISTI BAY FOR A CORNER OF THIS TRACT; THENCE WITH THE MEANDERS OF SAID SHORELINE, N. 89e 111 O8" E., 31.25 FEET, S. 60° 241 41" E., 26.25 FEET, S. 350 12' 52" E., 53.96 FEET TO A POINT IN THE NORTHWEST BOUNDARY LINE OF THE CITY OF CORPUS CHRISTI PROPERTY FOR A CORNER OF THIS TRACT; THENCE S. 470 19' 54" W., WITH THE NORTHWEST BOUNDARY LIME, o,O,F SAID CITY OF CORPUS CHRISTI PROPERTY, A DISTANCE 4& OF .0 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE N. 130 541 08" W., A DISTANCE OF 150.02 FEET TO THE POINT OF BEGINNING. CONTAINING 1.068 ACRES OF LAND MORE OR LESS AND SHOWN AS AREA 11 ON THE MAP ATTACHED HERETO AND MADE A PART HEREOF AND MARKED "EXHIBIT A ". THE RENTAL FOR SAID PROPERTY SHALL BE EIGHTY -FIVE DOLLARS ($85.00) PER MONTH, PAYABLE ON OR BEFORE THE 1ST DAY OF EACH MONTH IN ADVANCE, BEGIN- NING THE 1ST DAY OF SEPTEMBER, 1970. THE TERM OF THIS LEASE SHALL BE FOR FIVE (5) YEARS, TO COMMENCE AND BEGIN THE 1ST DAY OF SEPTEMBER, 1970, AND END THE 1ST DAY OF SEPTEMBER, 1975, AND SHALL EE RENEWABLE THEREAFTER BY THE MUTUAL AGREEMENT OF THE PARTIES HERETO. III IT IS FURTHER EXPRESSLY COVENANTED AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THE CITY SHALL HAVE THE PRIVILEGE AND RIGHT TO TERMINATE THIS LEASE AT ANY TIME DURING ITS TERM ON GIVING THE LESSEE NINETY (90) DAYS WRITTEN NOTICE TO VACATE SAID LEASED PREMISES AND ON THE EXPIRATION OF SAID NINETY (90) DAY PERIOD THE CITY SHALL HAVE THE RIGHT TO ENTER INTO AND UPON AND REPOSSESS SAID PREMISES TO THE COMPLETE EXCLUSION OF THE LESSEE AND SAID LESSEE SHALL MAKE NO FURTHER DEMAND OR CLAIM OF ANY KIND AGAINST THE CITY RESULTING FROM OR GROWING OUT OF THE TERMS OF THE PROVISIONS OF THIS LEASE AGREEMENT. IV THE PROPERTY LEASED HEREIN TO THE LESSEE IS TO BE USED FOR THE SOLE AND EXCLUSIVE PURPOSE OF PLACING AND MAINTAINING THEREON A MOBILE CAMPER AND TRAVEL TRAILER PARK, WHICH MOBILE CAMPER AND TRAVEL TRAILER PARK IS OWNED AND OPERATED BY LESSEE. V THE LESSEE SHALL NOT ERECT ANY STRUCTURE OR IMPROVEMENTS OF ANY KIND ON SAID PROPERTY UNLESS THE WRITTEN-APPROVAL OF THE CITY DIRECTOR OF PUBLIC WORKS IS OBTAINED PRIOR TO THE BEGINNING OF SUCH CONSTRUCTION. IN -2- • C J THE EVENT SUCH CONSENT IS OBTAINED, PLANS FOR SUCH CONSTRUCTION OR IMPROVE- MENTS MUST BE SUBMITTED TO THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR HIS APPROVALS AND SUCH CONSTRUCTION OR IMPROVE - MF,NTS SHALL BE ERECTED IN CONFORMITY, IN ALL RESPECTS, TO THE PLANS AND SPECIFICATIONS APPROVED BY SAID DIRECTOR OF PUBLIC WORKS. VI IT IS FURTHER EXPRESSLY AGREED THAT ANY STRUCTURE OR IMPROVEMENTS ERECTED ON SAID PREMISES SHALL ON THE TERMINATION OF THIS LEASE FOR ANY CAUSE, BECOME IN ALL RESPECTS THE PROPERTY OF THE CITY AND THE LESSEE SHALL HAVE NO CLAIM OR RIGHT OF ANY KIND AGAINST THE CITY FOR SAID STRUCTURES OR IMPROVEMENTS OR THE VALUE OF SAME. VII THE LESSEE SHALL PROVIDE SUITABLE SIGNS INDICATING THAT THE PREMISES ARE OPERATED BY THE LESSEE AS A PART'OF HIS OWN BUSINESS AND NOT BY THE CITY. VIII THAT THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDI- NANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES AND ALL ORDERS AND REQUIREMENTS IMPOSED BY THE HEALTH DEPARTMENT, SANITARY DEPART- MENT, AND POLICE DEPARTMENT FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES INS UPON, OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT HIS OWN EXPENSE. IX THAT 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 LESSEE SHALL HAVE NO RIGHT OR AUTHORITY TO SUB -LET THE PREMISES OR ANY PART THEREON AND THAT ANY ATTEMPT TO SO DO WILL BE GROUNDS FOR TERMINATION OF THIS LEASE BY THE CITY. X THE LESSEE 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 LESSEE SHALL DELIVER UP THE DEMISED PREMISES IN GOOD ORDER AND CONDITION, AND DAMAGES BY THE ELEMENTS ONLY, EXCEPTED. -3- • • XI THE LESSEE STIPULATES AND AGREES TO HOLD HARMLESS AND DEFEND THE CITY 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. XII THE LESSEE STIPULATES AND AGREES THAT HE WILL NOT REPRESENT, COMMIT OR INVOLVE IN ANY WAY SAID DEMISED PROPERTY AS HIS OWN OR AS THE BASIS OF OR SECURITY FOR ANY DEBTS, LIABILITIES OR_OBLIGATIONS ASSERTED AGAINST HIM, OBTAINED OR UNDERTAKEN IN HIS OWN BEHALF. X111 THAT IN CASE OF DEFAULT YN ANY OF THE AFORESAID COVENANTS, THE CITY MAY ENFORCE A PERFORMANCE THEREOF IN ANY MANNER PROVIDED BY LAW AND MAY DECLARE THE LEASE FORFEITED AND AT ITS DISCRETION THE CITY, ITS AGENT, EMPLOYEE OR ATTORNEY SHALL HAVE THE RIGHT WITHOUT FURTHER NOTICE OR DEMAND TO RE -ENTER SAID PREMISES AND REMOVE ALL PERSONS THEREFROM WITHOUT BEING GUILTY IN ANY MANNER OF TRESPASS AND WITHOUT PREJUDICE TO ANY REMEDY FOR ARREARS OF RENT OR BREACH OF COVENANT, OR THE CITY, ITS AGENTS AND EMPLOYEES MAY RESUME POS- SESSION OF THE PREMISES AND RE -LET THE SAME FOR THE REMAINDER OF THE TERM AT THE BEST RENTAL THEY MAY OBTAIN AND HOLD THE LESSEE LIABLE FOR ANY DEFI- CIENCIES THAT OCCUR THEREFROM AND THE CITY 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: XIV IT IS HEREBY EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO, THAT NOTWITHSTANDING THE TERMS, PHRASEOLOGY AND CONTENT OF THIS INSTRUMENT, THAT THIS INSTRUMENT SHALL CONSTITUTE THE GRANTING BY THE CITY TO THE LESSEE A MONTHLY USE PRIVILEGE AND LEASE OF A PUBLIC PROPERTY. WITNESSETH THE HANDS OF THE PARTIES HERETO THIS THE DAY OF SEPTEMBER, 1970. THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: BY R. MARVIN TOWNSEND, CITY MANAGER CITY SECRETARY CITY OF CORPUS CHRISTI APPROVED AS TO LEGAL FORM THIS DAY OF SEPTEPEIER, 1970: EDWARD E. HOGAN ACTING CITY ATTORNEY LESSEE Corpus Christi, Teas I day of L., 1972' TO THE NCMBERS 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, PIA OR C TILE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by he fo lowing vote: Jack R. Blackmon Gabe Lozano, Sr. " V. A. "Dicll'Bradley, Jr. Eduardo E. de Ases •• ;i Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore �t The above ordinance was passed by the following vote: Jack R. Blackmon / Gabe Lozano, Sr. C V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. ','Wrangler" Roberts Ronnie SizemoreL ��7