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Home My WebLink About10495 ORD - 09/29/1971• VMP:9/28/71 r • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE LEASE EXTENSIONS ON THE FOLLOWING NAMED HUD MOBILE HOME PARKS: LA PASCUA #2 ADDITION AND SAN SIMEON ADDITION, ALL AS IS MORE FULLY SET FORTH IN THE LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI HAS HERETOFORE ENTERED INTO LEASE AGREEMENTS WITH VARIOUS PROPERTY OWNERS FOR USE OF CERTAIN TRACTS OR PARCELS OF LAND FOR HUD MOBILE HOME PARKS IN ORDER TO PROVIDE HOUSING FOR THOSE PERSONS MADE HOMELESS AS A RESULT OF HURRICANE CELIA; AND WHEREAS, THE PRIMARY LEASE CONTRACTS WITH VARIOUS PROPERTY OWNERS MAKING AVAILABLE CERTAIN TRACTS OR PARCELS OF LAND FOR USE AS MOBILE HOME PARKS HAVE EXPIRED, OR ARE DUE TO EXPIRE, AND ADEQUATE HOUSING HAS NOT YET BECOME AVAILABLE FOR MANY VICTIMS OF THE AFORESAID HURRICANE; AND WHEREAS, IT IS THE FINDING OF THIS CITY COUNCIL THAT IT IS NECES- SARY AND PROPER TO EXTEND CERTAIN LEASE AGREEMENTS IN ORDER TO PROVIDE ADEQUATE 1 HOUSING FOR THE RESIDENTS OF THE CITY: NOW, THEREFORE, 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 LEASE EXTENSIONS ON THE FOLLOWING NAMED HUD MOBILE HOME PARKS IN THE CITY OF CORPUS CHRISTI, TEXAS: LA PASCUA P ADDITION AND SAN SIMEON ADDITION, ALL AS IS MORE FULLY SET FORTH IN THE LEASE CONTRACT EXTENSION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID LEASE EXTEN- SIONS AS PROMPTLY AS POSSIBLE IN ORDER TO PROVIDE ADEQUATE HOUSING FOR INHABITANTS OF THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT 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 10495 INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF j 1971. ATTEST: --J 7 CITY SECRETAR APPROVED: DAY OF , 1971: CITY A7TORNE a MAYOR THE CITY OF CO CHRISTI, TEXAS • VMP: 912 1 LEASE EXTENSION THE STATE OF TEXAS Q KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES ] THAT, EFFECTIVE FROM AND AFTER THE 5TH DAY OF AUGUST, 1971, PORT LAND CO., A PRIVATE CORPORATION UNDER THE LAWS OF THE STATE OF TEXAS, AND ELBERT COX AND ALEX COX, TRUSTEES, 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 LESSOR FROM THE ESTABLISHMENT OF A TEMPORARY MOBILE HOME PARK ON THE HEREINAFTER DESCRIBED PROPERTY BY THE LESSEE, 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: LA PASCUA #2 ADDITION BLOCK 10 - LOTS 27 THRU 29, INC. BLOCK 12 - LOTS 22 THRU 25, INC. SAN SIMEON ADDITION BLOCK 1 - LOTS 5 AND 6 BLOCK' 2 - LOTS 1 -2 AND 33 BLOCK 3 - LOTS 4 AND 11 THRU 19, INC. (2) THE TERM OF THIS LEASE IS FROM AUGUST 5, 1971 TO AUGUST 4, 1972. IT IS RECOGNIZED THAT THE LESSOR DOES NOT TRANSFER, RELINQUISH OR DISPOSE OF LESSORS FEE OWNERSHIP. OF THE LEASED LANDS, OR OF LESSOR'S MIN- ERALS OR MINERAL RIGHTS WITH RESPECT THERETO AND LESSOR, HIS SUCCESSORS, LESSEES, AND ASSIGNS SHALL ALWAYS HAVE THE RIGHT TO USE SAID LEASED LANDS FOR ALL PURPOSES EXCEPT THOSE SPECIFICALLY GRANTED TO LESSEE HEREIN. (3) THE LESSEE SHALL PAY TO THE LESSOR THE AMOUNT OF $220.00 PER MONTH FOR THE RENTAL ON SAID PROPERTY. THE FIRST PAYMENT BEING DUE AUGUST 5, 1971 AND ON THE FIFTH DAY OF EACH MONTH THEREAFTER WHILE THIS LEASE IS IN FORCE TO COVER THE RENTAL FOR THE SUCCEEDING MONTH. (4) LESSEE SHALL HAVE THE RIGHT TO ESTABLISH,A TEMPORARY MOBILE HOME PARK FOR VICTIMS OF HURRICANE CELIA, FOR THE IMPROVEMENT OF SAID PROPERTY, AND THE OWNERS OF THE MOBILE HOMES PLACED THEREON BY THE LESSEE SHALL HAVE THE RIGHT, WITHIN SIXTY (60) DAYS AFTER TERMINATION OF THIS LEASE TO REMOVE ANY MOBILE HOME PLACED THEREON BY LESSEE. LESSEES DETERMINATION OF PERSONS WHO ARE HURRICANE CELIA VICTIMS SHALL BE FINAL AND CONCLUSIVE. (5) THE LESSEE MAY TERMINATE THIS LEASE AT ANY TIME BY GIVING 15 DAYS NOTICE TO THE LESSOR. (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 ANY WAY CONNECTED WITH, LESSEES USE AND /OR OCCUPATION OF SAID LAND IN THE MANNER AFORESAID, BUT THIS OBLIGATION SHALL NOT INCLUDE ANY CONTROVERSY RELATIVE TO LESSORS 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; EXCEPT ANY TAXES LEVIED BY REASON OF IMPROVEMENTS PLACED THEREON BY LESSEE. (8) IT IS UNDERSTOOD AND AGREED THAT LESSEE SHALL HAVE THE RIGHT TO RESURFACE THE LAND, IF REQUIRED, TRENCH FOR DRAINAGE, LAY WATER LINES AND GAS LINES OVER, THROUGH AND ACROSS THE PROPERTY AND THE FURTHER RIGHT TO IN- STALL SEPTIC TANKS, FILTER BEDS, OVERFLOW SEWAGE LINES AND /OR ANY OTHER TYPE OF SEWAGE TREATMENT SYSTEM, IN, ON, UNDER AND ACROSS SAID PROPERTY. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT IN THE PRESENCE OF THE UNDERSIGNED COMPETENT WITNESSES ON THIS DAY OF 1971• WITNESSES: LESSOR PORT LAND CO. BY -2- • ATTEST: LESSEE CITY SECRETARY THE CITY OF CORPUS CHRISTI, TEXAS BY APPROVED AS TO LEGAL FORM: R. MARVIN TOWNSEND, CITY MANAGER 1 CI Y AT TO Y / THE STATE OF TEXAS j COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED ELBERT COX AND ALEX COX, TRUSTEES, 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 , 1971. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS p COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MIARVIN 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 PURPOSE AND CONSIDERA- TION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF , 1971• NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS I� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORP�{UU/Sa� CHRISTI, TEXAS DAY OF 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 COUNCILS 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, O MAYOR THE CITY OF COR CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ - - -Gk REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE S12EMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH ✓� THOMAS V. GONZALES ✓'' GAGE LO ZANO, SR. J. HOWARD STARK