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Home My WebLink About13225 ORD - 06/16/1976J1CH:hb:5 /l2/76:1st AN ORDINANCE 1-3225 AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE - YEAR LEASE AGREEMENT WITH RAY HUNLEY AND CRAIG GARRISON FOR OPERATION OF A BOAT REPAIR SERVICE ON THE L -HEAD, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HERE- OF; AND PROVIDING FOR PUBLICATION. 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 to execute a five -year lease agreement with Ray Hunley and Craig Garrison for operation of a boat repair service on the L -Head, all as more fully set forth in the lease agreement, a substantial copy of which is attached f hereto and made a part hereof. SECTION 2. Publication of the full text of the ordinance and lease agreement shall be made within five (5) days after the date of first reading in regular Council meeting, within five days after the second reading, and finally within five days after the third reading, in the official publication of the City of Corpus Christi. J MICROFILMED JUN 1 61980 13-2-2-67 CONTRACT AND LEASE AGREEMENT THE STATE OF TEXAS x I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X THIS CONTRACT AND LEASE AGREEMENT made and entered into this the day of , 1976, by and between the City of Corpus Christi, Texas, a municipal corporation, acting by and through its duly authorized City Manager, Marvin Townsend, hereinafter called Party of the First Part, and Ray Hunley and Craig Garrison, both of Nueces County, Texas, hereinafter called Party of the Second Part. 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 hereof, the Party of the First Part does hereby lease and demise unto the Party of the Second Part the following lands and premises: Beginning at a point, the intersection of the east face of the bottom step of the seawall and .a line that is 11 inches north of and parallel to the south face of the L head; Thence N 73° 41' 10" W parallel to and 11 inches north of the south face of the L head a distance of 11.02 feet.to a point, said point being the east face of the bottom step of the seawall; Thence N 12° 00' 20" E with the east face of the bottom step of the seawall a distance of 70.40 feet to a point, said point being the south face of a retaining wall; Thence S 73° 40' 10" E with the south face of said retaining wall a distance of 143.72 feet, said point being the east end of said retaining wall; Thence S 30° 49' 35" E a distance of 81.28 feet to a point; Thence S 16° 18' 50" W a distance of 15 feet to a point that is 11 inches north of the south face of the L head; Thence N 73° 41' 10" W parallel to and 11 inches north of the south face of the L head a distance of 187 feet to the place of beginning. with the right of ingress and egress for the uses of the property hereby demised as herein provided, but it is expressly stipulated that such right of ingress and egress shall not include the right to obstruct the use by the general public for passageway over and across the land and premises adjacent to the above described tract of land and such passageway shall at all times be kept unobstructed by Party of the Second Part, its agents, servants, employees and patrons. It is under- stood that Party of the Second Part is purchasing all improvements upon such premises from Billy Pugh, the former lessee of such premises, and the Party of the First Part disclaims any ownership interest in or other claim to any property located upon the premises, except as stated in paragraph IV pertaining to permanent, immovable buildings and piers. I. The rental for said property shall be Two Hundred and Fifty ($250.00) Dollars per month payable on or before the first day of each month in advance. II. The term of this lease shall be five (5) years, to commence and begin on the date hereof and to end on the same date in the year 1951. That said property is to be used for the operation of a boat service consisting of performing services for smaller boats such as washing down, cleaning, care and inspection and making minor repairs, providing crews for boats and performing emergency work thereon and for no other purpose. III. That the Party of the Second Part shall have the right to erect improvements on said premises, which improvements shall be, in design and quality, in keeping with the-Bay Front Area, and the plans and specifications of said improvements must be submitted to the Park and Recreation Board, and said Board's approval obtained, before the erection and construction of any improvements. IV. At the termination of this lease, the permanent, immovable buildings and piers affixed to the realty shall become the property of the City of Corpus Christi, or, at the option of the City, the City may require that all improvements be removed from the premises at the expense of the Party of the Second Part. -2- That Party of the Second Part shall provide suitable signs indicating that the premises are operated by the Party of the Second Part as his own business and not by the Party of the First Part. Vi. That the Party of the Second Part shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises and all orders and requirements imposed by the Health Department, Saniitary Department, and Police Department for the correction, prevention and abatement of nuisances in, upon, or connected with said premises during the term of this lease at his own expense. VII. That it is understood and agreed by and between the parties hereto that, unless the Party of the First Part shall otherwise agree or consent in writing, this contract and lease is not assignable in whole or part and that the Party of the Second Part shall have no right or authority to sub -let the premises or any part thereon and that any attempt to do so will -be grounds for termination of this lease by Party of the First Part. VIII. That the Party of the Second Part shall keep said premises in a clean and neat condition and shall take good -care of the property, keeping the improvements and buildings in repair and painted, and suffer no waste during the term of this lease and at the end or other expiration of the term shall deliver up the demised premises in good order and condition, natural wear and tear and damages by fire and elements only, excepted. IX. That Party of the Second Part stipulates and agrees to hold the Party of the First Part harmless for any hurt, injury or damage to per- sons or property caused by Party of the Second Part's operation of said business and agrees to carry public liability insurance upon the said business in the amount of Fifty Thousand Dollars ($50,000.00). X. That Party of the Second Part stipulates and agrees that he will incur no debts and obligations on the credit of the Party of the First -3- Part •.in the operation of said business nor shall this agreement ever be construed as giving Party of the Second Part the right to do so. XI. That in case of default in any of the aforesaid covenants, the Party of the First Part may enforce a performance thereof in any mode provided by law and may declare the lease forfeited at its discretion, and Party of the First Part, its Agent, employee or attorney shall have the right without further notice or demand to re -enter and remove all persons therefrom without being guilty of any manner of trespass and without prejudice to any remedy for arrears of rent or breach of covenant, or the Party of the First Part, its agents and employees may resume possession of the premises and re -let the same for the remainder of the term at the best rent they may obtain and hold the Party of the Second Part for any deficiencies; and the Party of the First Part shall have a lien as security for the rent aforesaid upon the building, chattels, implements, tools and other personal property which are, or may be, put on the demised premises. X11. Any Contract and Lease now existing between the same parties covering the same premises is rescinded by mutual agreement of the parties on the effective date of this contract. WITNESSETH the hands of the parties hereto this the _ day of , 1976. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1976: J. BRUCE AYCOCK, CITY ATTORNEY Assistant City Attorney ATTEST: Ray Hunley Craig Garrison THAT THE FOREGOING ORDINANCE WAS READ FOR E FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE DAY OF 19j BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES �J xy RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE WAS READ FOR �7 THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE / Y DAY OF ,/ //,�L� j BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FORE ING ORDIN FINALLY ON THIS THE � DAY OF JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, THI ATTEST: �CVI-Y SECRETARY APPROVED: _DAY OF 19� ITY ATTORNEY PASSED ,OWING VOTE: 191-4 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS as„o t.,,.° .mac,..' ., 't •}: wx. .'f'•� 1•`!_'.,. ti ^,_ - _ _ r•`r dJ ;iii Y' t•` �y ,.jr, _ �i.• ^',�. r•�..v• fY'\ t. !• ^_ - - _ - Yip x r'4" '.f y # '. ,r ` .�. r. Y` _ .'N'_ Y4. .<° • ".•rY?" X'�-.iY. t .�, r'.f ��,ti. `-t_ .� i�+f- .,;.iii- '�, :r �,.' - _ - y.. •,tV ' -; ; - •''a •v�f.` ,'' t' y .. .. ; is , r' - Lam,' "t:' >; - <LA. - � . ;L :i: #.��`��'' "�P�• � t7 i. t'x' fir, '7r � i .`F t...� .; t.: - wrq?a,• €e<. - May_13, 1976' '" ,�� - `fl•i'�' ; - - - '•�Y,. >. Al y a. `�d ^-�� ' s , •R •Y' �,A "` "n� Y�, •••^. ice. _ - 3 •:t'•. .\4`. » t -" a:.,' _ r ,Q' i _ '� - 'ifY,_ _ b` ./ -'Qf. -. ;. Andy Schoeiph'a "Clessifiad'Mapager' Caller -Time s 'Publishing t •.f.,n�, r !.:,P.-_O. Sox 9136 w _Corpus Christi, Texas '.y *4'' : - `�_ Vii: ' •' \ ^,l' aI '` _ . ,, �' • i, e _ -Dear Mr:' Schoe h: j � on first reading Rnclosed is a copy'of passed an ordinance which cl`¢ by*ths' -' yt CouncihMagal2 ,- 1976,'authoriainga -five -year lease n with Ray Handley and Craig Garrison for operation of a, boat _repair t = service' on _the' L- Head. "' .;y-Please pyblich' this ordinance in its >eatirety'`on the followings- pt;.,'� "' "` _' �'• - ^ -� { dates:; Fireti publication, May 17, 1976; Second publicat ion; `° _ - _ ' May 24,'J976 following its' second reading: '' t This office will call the voted of the Council' following `the:` second reading:h °° >x? E Y ~Very truly yonra!` $dna Meador Pie:cce - Assistant City Secrstazy�'.`. ,Encl. (1) - �-�`_ .0 •i_ I: ', ' - 1e11, s-'.b .l],�•: - ' yr. _,.a wa. ^i tiiY' ^=•t''i� r? {,,, fF':1'�?'t ., ,'a,, 4451 `( `�. .,^ _ _ �. . 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