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HomeMy WebLinkAbout10988 ORD - 07/26/1972JRR: vmp r i, 6/21/72:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CRYSTAL PETROLEUM COMPANY FOR A 5 -YEAR LEASE COVERING THE OPERATION OF THE MARINA FILLING STATION, IN ACCORDANCE WITH THE TERMS OF SAID CONTRACT, A COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERETO AND MADE A PART HEREOF. 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, a contract with Crystal Petroleum Company covering the operation of the Marina Filling Station for the five -year period from June 1, 1977 to May 31, 1977, all as is more fully set out in the contract, a copy of which, marked Exhibit "A ", is attached hereto and made a part hereof for all pertinent purposes. Bids on said contract were opened on May 16, 1972, and the bid of Crystal Petroleum Company was the most advantageous to the City of Corpus Christi. JRR/MC 6/21/72 1ST CONTRACT THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT OF LEASE AND RENTAL MADE BY AND BETWEEN THE CITY OF CORPUS CHRISTI OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED "LESSOR" AND CRYSTAL PETROLEUM COMPANYI HEREINAFTER CALLED "LESSEE". W I T N E S S E T H: FOR AND IN CONSIDERATION OF THE RENTALS TO BE PAID BY THE LESSEE TO THE LESSORS AS HEREINAFTER STATED, THE LESSOR HAS LEASED, DEMISED AND RENTED AND DOES HEREBY LEASE, DEMISE AND RENT UNTO LESSEE THAT CERTAIN N REAL ESTATE] LOT, TRACTS OR PARCEL OF LAND SITUATED IN NUECES COUNTY, TEXAS WITHIN THE LIMITS OF THE CITY OF CORPUS CHRISTI AND HEREIN DESCRIBED AS FOLLOWS: BEGINNING AT A COPPER PIN FOR CORNER IN THE EAST FACE OF THE CONCRETE CAP ON THE LAWRENCE STREET PIER] SAID POINT BEING APPROXIMATELY SEVENTY (70) FEET SOUTH OF THE MOST EASTERLY NORTHEAST CORNER OF SAID PIER; THENCE IN A NORTHERLY DIRECTION ALONG THE EAST FACE OF SAID CONCRETE CAP, A DISTANCE OF 60.77 FEET MORE OR LESS TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE IN A NORTHERLY AND NORTHWESTERLY DIRECTION ALONG THE FACE OF SAID CONCRETE CAPS ALONG A CURVE A DISTANCE OF 11.70 FEET TO THE END OF SAID CURVE; THENCE IN A NORTHWESTERLY DIRECTION ALONG THE FACE OF THE CONCRETE CAP A DISTANCE OF 29.58 FEET TO THE BEGIN- NING OF A CURVE TO THE LEFT; THENCE IN A NORTHWESTERLY AND WESTERLY DIRECTION ALONG THE FACE OF SAID CONCRETE CAP, ALONG A CURVE, A DISTANCE OF 7.40 FEET TO THE END OF SAID CURVE; THENCE IN A WESTERLY DIRECTION ALONG THE FACE OF SAID CONCRETE CAP A DISTANCE OF 83.17 FEET TO A POINT FOR A CORNER; THENCE IN A SOUTHEASTERLY DIRECTION A DISTANCE OF 147.51 FEET TO THE PLACE OF BEGINNING; .4 TOGETHER WITH THE BUILDING IMPROVEMENTS NOW LOCATED THEREON. 11 THE TERM OF THIS LEASE SHALL BE FOR A PERIOD OF FIVE (5) YEARS TO COMMENCE AND BEGIN ON JUNE 1, 1572 AND END ON MAY 31, 1977. JRR/IIc 6/21/(2 1ST THE PROPERTY LEASED HEREIN TO LESSEE SHALL BE USED FOR A MARINE FILLING STATION AND FOR PURPOSES CONNECTED THEREWITH AND FOR FURNISHING BOATS WITH PETROLEUM PRODUCTS AT WHARF FRONTS PROVIDED HOWEVER, THAT LESSEE HAS THE PRIVILEGE OF SELLING MARINE ACCESSORY ITEMS AS A SIDE LINE AND INCIDENTAL,TO THE MAIN BUSINESS OF A MARINE FILLING STATION (AND OTHER MARINE CONVENIENCE ITEMS MAY BE SOLD), ON A LIMITED BASIS (I.E., LIFE PRESERVERS, FIRE EXTINGUISHERS, NYLON ROPE AND OARS). ROD AND REEL RENTAL WILL BE ALLOWED. SALES OF FISHING TACKLE WILL BE LIMITED TO ITEMS THAT ARE FOR REPLACEMENT OF LOST RENTED EQUIPMENT. THE SALE OF BAIT WILL ALSO BE ALLOWED PROVIDED THIS IS PURCHASED FROM THE BAIT CONCESSIONAIRE IN THE MARINA. IT IS FURTHER UNDERSTOOD AND AGREED THAT ONE OFFICE IN THE BUILDING, AS IT NOW EXISTS, IS TO BE USED BY THE MARINA SUPERVISOR OF THE CITY OF CORPUS CHRISTI AS HIS OFFICE, TO BE USED BY HIM IN CONNECTION WITH HIS JOB WITH THE CITY. IV d. THE LESSEE AGREES TO PAY TO THE LESSOR A RENTAL OF TWO HUNDRED DOLLARS ($200) PER MONTH PLUS —0— PER GALLON ON ALL GASOLINE SOLD OR DELIVERED TO THIS FILLING STATION PER MONTHS IN EXCESS OF 10,000 GALLONS PLUS -0— PER GALLON ON ALL DIESEL FUEL SOLD OR DELIVERED TO THE FILLING STATION EACH MONTH. MONTHLY REPORTS OF SALES SHALL BE FURNISHED ON FORMS PROVIDED BY THE LESSOR, TO THE PURCHASING DIVISIONS DEPARTMENT OF FINANCE. THE TOTAL RENTAL PAYABLE IS A MINIMUM OF TWO HUNDRED DOLLARS ($200) PAYABLE IN INSTALLMENTS OF TWO HUNDRED DOLLARS ($200) PER MONTHS PAYABLE IN ADVANCE EACH MONTH, COMMENCING WITH JUNE 1, 1972 AND CONTINUING ON THE FIRST DAY OF EACH MONTH THEREAFTER. FAILURE TO PAY ANY OF SAID MINIMUM MONTHLY INSTALL- MENTS, OR ANY SUM DUE FOR RENTAL SHALL SUBJECT THIS LEASE TO FORFEITURE AT THE OPTION OF THE LESSOR. IN ADDITION TO SAID MONTHLY RENTALS ANY SUM DUE UNDER THIS PROVISION SHALL BE PAYABLE WITHIN THIRTY (30) DAYS AFTER THE END OF EACH MONTHLY TERM. IN ORDER THAT THE DETERMINATION OF THE RENTAL CHARGE PER GALLON OF GASOLINE, OR DIESEL FUEL, CAN BE MADE IT IS UNDERSTOOD THAT THE LESSEE SHALL KEEP COMPLETE AND ACCURATE RECORDS OF SUCH DELIVERIES FROM WHICH CAN ACCURATELY BE DETERMINED THE AMOUNT DUE THE CITY AND THAT SUCH RECORDS SHALL BE SUBJECT TO EXAMINATION BY THE CITY MANAGERS OR ANYONE UNDER HIS DIRECTION AT ANY RCASONABLE TIME. -2- ifm /Mc 6/L1/72 1ST V IT IS UNDERSTOOD AND AGREED THAT IF THE BUILDINGS SHALL BE DESTROYED BY FIRE OR OTHER CASUALTY AND SHOULD NOT BE REPLACED BY LESSOR WITHIN A REASONABLE TIMES THIS LEASE SHALL BE TERMINATED AS TO BOTH PARTIES AS OF THC DATE OF SUCH DESTRUCTION. IF SAID BUILDINGS SHALL ONLY BE DAMAGED SO AS TO BE UNSUITABLE IN THE JUDGMENT OF THE LESSEE, FOR USE AND OCCUPANCY FOR AS MUCH AS THIRTY (30) DAYS, AND IF, IMMEDIATELY AFTER SUCH DAMAGE, LESSOR COVENANTS THAT HE WILL REPAIR AND /OR REBUILD SUCH BUILDINGS, AND IMMEDIATELY BEGIN SUCH REPAIR AND /OR BUILDINGS THEN NO RENTAL SHALL BE DUE AND PAYABLE DURING THE TIME SUCH REPAIRS AND /OR REPLACEMENTS ARE BEING MADE; BUTS WHEN THE BUILDINGS ARE PLACED IN THE SAME ORDER AS BEFORE SUCH DAMAGES RENTALS SHALL AGAIN BE PAID HEREUNDER. VI LESSEE SHALL HAVE THE RIGHT AND PRIVILEGE TO PLACE ALL NECESSARY, USUAL AND CUSTOMARY EQUIPMENT ON THE LEASED PREMISES FOR THE PURPOSE OF CARRYING ON THE BUSINESS OF SELLING PETROLEUM AND MARINE PRODUCTS AND SHALL HAVE THE RIGHT TO REMOVE THE SAME AT THE EXPIRATION OF THE LEASES OR WITHIN A REASONABLE TIME THEREAFTER. LESSEE SHALL BE RESPONSIBLE FOR KEEPING THE PLACE NEAT AND CLEAN AT ALL TIMES. vil THE TANKS AND FUEL DISPENSING EQUIPMENT ARE THE PROPERTY OF THE LESSEE AND HE SHALL ASSUME FULL RESPONSIBILITY FOR THIS EQUIPMENT. THE EQUIPMENT CONSISTS OF: 1. 3 - 1000 GAL. CAPACITY TANKS 2. 3 - 3000 GAL. CAPACITY TANKS 3 - BENNETT #4013 PUMPS 1 - BENNETT //2000 PUMP 5. 1 - CENTRIFUGAL DIESEL PUMP SHOULD LEAKAGE BECOME APPARENT, OR EVIDENT, THE TANKS (OR OTHER EQUIPMENT) SHALL BE REPAIRED, REPLACED OR ABANDONED AT THE SOLE EXPENSE OF THE LESSEE. LEAKAGE REPORTED BY THE MARINA SUPERVISOR TO THE LESSEE SHALL BE INVESTIGATED IMMEDIATELY TO DETERMINE THE ORIGIN. IF TESTING IS REQUIRED THIS SHALL BE PERFORMED BY AN AUTHORIZED STATION MAINTENANCE SERVICE COMPANY BY USING THE AIR (OR NITROGEN) PRESSURE TEST METHOD (5 PSIG FOR 30 MINUTES AND A REPEAT OF 5 PSIG FOR TWO HOURS IF ANY FLUID OR AIR LOSS IS NOTED). IN THE EVENT -3- JRR /Mc 6/21/72 1ST TANKAGE IS ABANDONED IT SHALL BE DONE IN ACCORDANCE WITH THE CITY FIRE CODE. UPON TERMINATION OF THIS LEA!E, TANAGE AND FUEL DISPENSING EQUIPMENT MAY BE PURCHASED BY THE NEW LESSEE. THE PRICE WILL BE BASED ON THE MAJOR OIL CO. EQUIPMENT TRANSFER PRICE LIST IN EFFECT AT TIME OF LEASE TERMINATION. UK THE LESSEE IS TO PROVIDE AND KEEP ON HAND IN GOOD CONDITION AT THE FUEL STATION, A PORTABLE FIRE FIGHTING UNIT OF THE TYPE DESCRIBED AS FOLLOWS, A 150,•1/ DRY CHEMICAL WHEEL UNIT WITH PURPLE K POWDER OR AN APPROVED EQUAL. Ix THE LESSOR AGREES TO PAY ALL TAXES ON THE LAND AND IMPROVEMENTS EXCEPT THE TAXES IF ANY, ON TRADE FIXTURES (SUCH AS DISPENSING PUMPS AND STORAGE TANKSy TITLE OF WHICH IS RETAINED IN LESSEE) PUT ON THE PROPERTY BY THE LESSEE. LESSOR FURTHER AGREES TO KEEP THE ROOF IN GOOD CONDITION SO THAT SAME WILL NOT LEAK. THE LESSOR AGREES TO KEEP THE BUILDING AND IMPROVEMENTS IN GOOD CONDITION AND REPAIR DURING THE TERM OF THIS LEASE AT LESSORS OWN EXPENSES EXCEPT AS HEREIN SPECIFIED TO BE DONE BY THE LESSEE. THE LESSOR FURTHER AGREES TO MAINTAIN, KEEP IN REPAIR, AND /OR REPLACE ANY BROKEN PILINGS WHICH ARE PROVIDED FOR THE USE OF THE MARINE FILLING STATION. LESSEE AGREES TO MAINTAIN PAINTING ON BUILDING AND LESSEES EQUIPMENT. x SEPARATE METERS WILL BE PROVIDED FOR UTILITIES USED BY THE MARINE FILLING STATION WHICH SHALL INCLUDE THOSE USED BY THE MARINA SUPERVISOR'S OFFICES AND COST OF THESE UTILITIES SHALL BE PAID FOR BY THE LESSEE. X1 OPEN HOURS FOR THE MARINE FILLING STATION SHALL BE UNIFORM AND IN ACCORD WITHTHE NEEDS OF THE PUBLIC AND OPEN HOURS SHALL BE POSTED AT ALL TIMES. xii LESSOR AGREES THAT IF IT SHOULD AT ANY TIME DEFAULT IN THE PAYMENT OF ANY TAXES, LIENS MORTGAGES OR OTHER'CHARGE AGAINST THE PREMISES, LESSEE MAY AT ITS OPTION PAY ANY OR ALL OF SUCH SUM IN DEFAULT AND APPLY THE AMOUNT SO PAID ON THE RENTAL DUE UNDER THIS LEASES AND /OR BE SURROGATED TO THE RIGHTS OF THE LIEN HOLDER TO THE EXTENT OF SAID PAYMENTS THEREON. -4- JRR /Mc 6/21/12 1ST x I I I EXCEPT AS PROVIDED IN PARAGRAPH XV, LESSOR AGREES AND COVENANTS THAT LESSEE SHALL HAVE CONTINUOUS PEACEFUL, AND EXCLUSIVE POSSESSION, AND QUIET ENJOYMENT OF THE ENTIRE PREMISES DURING THE TERM OF THE LEASE, THE BREACH OF WHICH COVENANT BY OPERATION OF LAW, OR FOR ANY OTHER REASONS EVEN IF AFFECTING ONLY A SMALL PART OF THE PREMISES IF NOT PROMPTLY CORRECTED, WILL TERMINATE THE LEASE AT THE OPTION OF LESSEE. XIV IF BY REASON OF ANY LAW, OR ORDINANCES OR INJUNCTION, AND /OR RULING OR REGULATION, OF PROPERLY CONSTITUTED AUTHORITY, LESSEE IS LEGALLY PREVENTED FROM USING ALL OR ANY PART OF THE PROPERTY HEREIN LEASED, FOR THE PURPOSE IT IS LEASED, THEN, AT LESSEES OPTIONS THIS LEASE SHALL TERMINATE AND THE LESSEE SHALL HAVE THE RIGHTS AT ITS OPTION, TO REMOVE ALL PROPERTY PUT ON THE LEASED PRE141SES BY IT. XV LESSEE COVENANTS AND BINDS ITSELF TO OBEY ALL SANITARY RULES AND REGULATIONS NOW IN FORCE, AS WELL AS ALL CITY ORDINANCES AND STATE LAWS AFFECTING THE PROPERTY NOW IN FORCE, OR WHICH MAY HEREINAFTER BE ADOPTED, IN THE USE OF SUCH PROPERTY AND THE OCCUPANCY THEREOF AND TO COMMIT NO WASTE. LESSEE FURTHER COVENANTS THAT IT WILL PAY THE RENT FROM MONTH TO MONTH AS THE SAME FALLS DUE, AND IF SUCH RENT IS NOT PAID WHEN DUE AND LESSEE REMAINS IN DEFAULT FOR AS MUCH AS THIRTY (30) DAYS AFTER WRITTEN NOTICES AND DEMAND ON IT TO PAY THE RENTALS LESSOR SHALL HAVE THE RIGHT TO CANCEL THIS LEASE, RE -ENTER AND TAKE POSSESSION OF THE PROPERTY, BUT THIS SHALL NOT BE THE EXCLUSIVE REMEDY; HOWEVER, IN SUCH CASES, LESSEE SHALL HAVE THE RIGHT TO REMOVE ANY PROPERTY WHICH IT MAY HAVE PUT UPON THE LEASED PREMISES WITHIN A REASONABLE TIME AFTER SUCH FORFEITURE IS DECLARED. XVI NO ASSIGNMENT OR SUBLEASE OF THE PREMISES DESCRIBED HEREIN, IN WHOLE, OR IN PART, SHALL BE MADE OF THIS LEASE BY LESSEE'WITHOUT FIRST OBTAINING THE PRIOR WRITTEN CONSENT AND APPROVAL OF THE CITY MANAGER. THE LESSEE SHALL NOT ASSIGN SAID LEASE OR SUBLET SAID PREMISES TO ANY PERSON, FIRMS OR CORPORATION, WHICH WOULD HANDLE ON SAID PREMISES PETROLEUM PRODUCTS -5- JRR/MC 6/21/72 1ST OTHER THAN THOSE NORMALLY SOLD OR SUPPLIED DY THE LESSEE WITHOUT FIRST SECURING THE PRIOR WRITTEN CONSENT AND APPROVAL OF THE CITY MANAGER. XVII THE LESSEE SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI FROM AND AGAINST ANY AND ALL LIABILITIES, SUITS, DAMAGES, INJURIES AND ACTIONS, COSTS AND EXPENSES OF ANY KIND OR NATURE WHATSOEVER RELATING TO SUCH PREMISES DUE TO OR ARISING OUT OF ANY ACT, NEGLIGENCE, OR NEGLECT OF THE LESSEE OR ITS EMPLOYEES, MEMBERS, GUESTS, SERVANTS,- AGENTS OR INVITEES. XVIII IT IS UNDERSTOOD AND AGREED THAT ANY HOLDING OVER BY THE LESSEE AT THE END OF THIS LEASE OR AT THE END OF ANY RENEWAL OR EXTENSION PERIOD WITHOUT HAVING FIRST RENEWED OR EXTENDED THIS LEASE IN WRITING SHALL NOT BE CONSIDERED AS A RENTAL OR EXTENSION OF THIS LEASE FOR ANY PERIOD LONGER THAN ONE MONTH. _ XIX IT IS UNDERSTOOD AND AGREED THAT THIS LEASE SHALL NOT BECOME BINDING UNTIL EXECUTED BY ALL PARTIES. IN TESTIMONY OF ALL OF WHICH WITNESS // THE HANDS OF BOTH PARTIES HERETO IN DUPLICATE ORIGINALS, ON THIS THE a L, t DAY OF JUNE, 1972. ATTEST: CITY OF CORPUS CHRISTI, TEXAS BY CITY SECRETARY CITY MANAGER APPROVED AS TO LEGAL FORM: W OF UNE, 1972. (/yy EY ATTEST: CRYSTAL PETROLEUM COMPANY BY -6- JRR/Mc 6/21/72 1sT THE STATE OF TEXAS COUNTY OF NUECES � s 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 DE THE: PERSON WIIOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME TI4AT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, IN THE CAPACITY THEREIN STATED, AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF JUNE, 1972. 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 , KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID CRYSTAL PETROLEUM COMPANY, A CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION 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 JUNE, 1972. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS -7- THAT THE FOREGOING ORDINANCE WAS READ FOR (nITHE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE oDAY OF 19Z, BY THE FOLLOWING VOTE: RONNIE SIZEMORE -&-1 t CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE a d''-,Z:P-DAY OFD �9Z, BY THE FOLLOWING VOTE: RONNIe SIZEMORE CHARLES A. BONNIWELL • ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK Q�1� THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE (,-;tP -DAY OF Q,(.r eel 19 — BY THE FOLLOWING VOTE: ' BONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PASSED AND APPROVED, THIS THE ATTEST: CITY SECRETARY APPROV €D: �` Z DAY OF_,'J w AA- "' ) 19.7 : /CITY AT O�RN�E� PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lss: n County of Nueces. 1 Before me, the undersigned, a Notary Public, this day personally came ... ............................... r� ....... Leland --- G...-- Bat:ne.3 .... ...... . .. who being first duly sworn, according to law, says that he is the .......... Clas. s.....- A. dVA ... f4grA ....... .................... . . . ... of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of ....... Legal... - Notice,�Aa--A rdina=-e-- .Author:Wmg..the.- Gity-..'tzt mit r ............... ............................... of which the annexed is a true copy, was published in .--.. .......TIMe.4 ............... _.......................................... on the.2.6th day of .............. Ju1y- ......... . ... 19.7.2.., and once each .. ........ dAY :- ....:.thereafter - for - - -.: 2- ..-- .....-- ...... cNammxtim ........ day s ....... ............... ... ............. -- -- --- ..3 .... ............. .. .Times. s 1-47..M ............ Subscribed and sworn to before me Louise Vi