HomeMy WebLinkAbout13298 ORD - 07/28/1976OJKi:vp:6 /23/76:lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE
AGREEMENT WITH BILL SWEETLAND FOR USE OF THE SUBSURFACE
PEDESTRIAN TUNNEL UNDER NORTH UPPER BROADWAY AND
NORTH LOWER BROADWAY, ALL AS MORE FULLY SET FORTH IN THE
LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF.
WHEREAS, the City Council by the passage of Ordinance No. 13155,
passed on final reading on May 5, 1976, declared closed the subsurface
pedestrian tunnel under North Upper Broadway and North Lower Broadway from
a point at the southwest corner of Leopard Street and North Upper Broadway
to a point immediately east of the common intersections of North Lower
Broadway, Schatzel Street and Peoples Street, thus preventing its further
use by the public as a pedestrian access; and
WHEREAS, the City Council finds and determines that said pedestrian
tunnel would be suitable for use by the public if certain improvements were
made; and
WHEREAS, the City Council has an offer to have improvements made
to the said tunnel, and the City Council is agreeable to the acceptance of
such offer:
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
to execute a lease agreement with Bill Sweetland for use of the subsurface
pedestrian tunnel under North Upper Broadway and North Lower Broadway from
a point at the southwest corner of Leopard Street and North Upper Broadway
to a point immediately east of the common intersections of North Lower
Broadway, Schatzel Street and Peoples Street, for the purposes and considers-
tion and terms set forth in the lease agreement, a substantial copy of which
is attached hereto and made a part hereof, marked Exhibit "A ".
. MICROFILMED
JUN 16 1999
X
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f JKH:vp:6 -23 -76 _ o
THE STATE OF TEXAS 9
KN041 ALL MEN BY THESE PRESENTS:
COUNTY OF ST[7ECES G
WHEREAS, the City Council of the City of Corpus Christi, Texas has,
by Ordinance No. 13158, finally passed and approved on the 5th day of May,
1976 A.D., closed the tunnel located behind La P.etama Library that provided
pedestrian access to the bluff; and
WHEREAS, Mr. Bill Sweetland has expressed an interest in leasing
the tunnel from the City of Corpus Christi, Texas in order to make improvements
in the tunnel to increase its attractiveness to the public and to encourage
pedestrian use of the tunnel during certain hours of the day;
NOW, THEREFORE, does the City of Corpus Christi, Texas, a municipal
corporation and body politic, operating under the home rule statutes of the
State of Texas, hereinafter referred to as "LESSOR ", and Mr. Bill Sweetland,
hereinafter referred to as "LESSEE ", enter into a lease agreement on this the
day of , 1976, A.D. under the following terms and
conditions:
I
Lessor does hereby lease and let unto Lessee the tunnel located
behind La Retama Library that provided pedestrian access to the bluff, more
particularly described as follows:
The subsurface pedestrian tunnel under North Upper Broadway
and North Lower Broadway generally stretching from a point
at the southwest corner of Leopard Street and North Upper
Broadway to a point immediately east of the common inter-
sections of North Lower Broadway, Schatzel Street and
Peoples Street and including the entry ways thereto and
exit ways therefrom:
for a term of five years and in consideration of a rental payment of $1.00 per
year, the receipt of which is hereby acknowledged. Lessor reserves the right
to construct a bus stop and related improvements on or in the tunnel entrance
and exit way located behind La Retama Library. Lessee may include in the pro-
posal and plan for use of the tunnel required hereinbelow such a bus stop
and related improvements.
II
Lessee shall, not later than 30 days after final passage of an
ordinance authorizing this lease by the Lessor, submit to Lessor a proposal
and plan for use of the tunnel. The proposal and plan shall include, as a
/4" Rz,
VI
Lessee shall not in any manner obstruct the flow of water into the
storm drain inlets within the tunnel except by cleaning up standing water.
VII
The walls and ceiling of the tunnel shall be painted by Lessee and
repainted thereby as needed. No writing, pictures, murals, or drawings of
any nature shall be drawn on the walls, ceiling or floor of the tunnel unless
provided for and approved in the proposal and plan required herein. Any
writing, pictures, murals or drawing thereon not so approved shall be removed
or covered by Lessee so as not to be visible to the public. If the writing,
pictures, murals or drawing is covered by paint, the paint shall be the same
color as the remainder of the wall, ceiling or floor on which the writing or
drawing is or blend with or be compatible with the same. Drawings, pictures
or signs may be hung from or attached to the walls as provided for hereinbelow.
VIII
All drawings, pictures or signs to be hung from or attached to the
walls or ceiling of the tunnel or to be placed on the floor of the tunnel
must be approved by Lessor prior to hanging, attaching or placing.
IX
During the term of this lease, Lessee shall maintain at its sole
expense public liability insurance by the terms of which the City shall be
a co- insured'and which shall provide limits of not less than $300,000 for any
one occurrence, $100,000 for bodily injury to any one person, and $50,000 for
a claim of property damage. The City Secretary shall be furnished a certified
copy of said insurance policy prior to the effective date of this lease.
X
Lessee agrees in his use and enjoyment of the premises herein leased
to indemnify and save Lessor harmless from any neglect or misconduct on part
of the Lessee, his agents, servants, employees, assigns, or tenants Lessee
may sublease a portion or all of the tunnel to as provided hereinbelow and
shall in every way hold Lessor harmless from the same.
Xi
Lessee may sublease a portion or all of the tunnel herein leased
if provided for in the approved proposal and plan required hereinabove. Each
particular sublease shall be approved by Lessor in writing before said sublease
shall become effective.
-3-
XII
The electrical facilities and all other utilities currently in the
tunnel shall be maintained and the operating costs thereof paid by Lessee.
The installation, maintenance and operating costs of any additional electrical
or utility facilities required for Lessee's use and operation of the tunnel
shall be borne by Lessee.
XIII
Except as provided for in Section III hereof, Lessor may cancel this
lease upon 30 days written notice to Lessee for violation of any of the terms
and conditions of this lease by Lessee.
XIV
Except as provided for in Section III hereof, Lessee may cancel this
lease upon 30 days written notice to Lessor.
XV
Except as provided for in Section III hereof, should this lease be
cancelled by either party thereto or expire upon its own terms without being
renewed, Lessee shall have 30 days to remove from the tunnel all improvements
and fixtures, etc. constructed or erected by Lessee which have not become a
permanent part of the tunnel. Upon expiration of said 30 -day period, Lessor
shall have the right to enter the tunnel and repossess it and all improvements
and fixtures not removed therefrom by Lessee during said 30 -day period.
XVI
Lessee shall not assign or sublease all or any part of this lease
except as provided for in Section XI.
WITNESS OUR RANDS in duplicate this the �6 day of
1976.
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
.� day of'�, 1976. Bill Sweetland
J. BRUCE AYCOCK, City Attorney
By q-&&e ovel
City Att ney
THAT THE FOREGOING ORDINANCE WAS READ FOR TA FIRST TIME A D PASSED
TO ITS SECOND READING ON THIS THE _DAY OF
FOLLOWING VOTE: -r BY THE
MASON LUBY
.�.. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING ORDINANCE WAS READ FO THE SECOND TIME AN PASSED
TO ITS THIRD READING ON TH13 THE j2 DAY OF
FOLLOWING VOTE: 9 BY THE
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FORE QJINC ORDIN
FINALLY ON THIS THE o_DAY OF
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
PASSED AND APPROVED, THIS
ATTEST:
tea.
GI SECRETARY
M PROY, D:
AY OF 19
V
C Y ATTORNEY
D PASSED
LOWING VOTE:
d
MAYOR
THE CITY OF CORPUS CHRISTI, TEXA
PUBLISHER'S AFFIDAVIT — —
STATE OF TE %AS,
County of Nueces: Iss:
Before me, the undersigned, a Notary Public, this day personally came ..................................
RQwgn$- C---_ �lelasquez ....................... who being first duly sworn, according to law, says that he is the
A.Cc.qunti . . &..._.__.._•____ ___________ „••- 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
Lega7s.,.NOTICE OF PASSAGE OF ORDINANCE N0. 13298... AUTHORIZING THE CITY- MANAGtll
"of which the annexed is a true copy, was published in ........ ...................Caller -Times
on the3l day of ................... J..UIY .......... 19.... ........... ............... tlx$e° 4miTr ............................
c+§ SAAadgire--------------------------------------------------------- .
...........1 ... ..............Times.
,
" ................ ............................. .............. ...............................
$ x$.79 Rowena C. Velasque Accounting
Subscribed and sworn to before me this fa . ............day of -..- August .................. 19-- ..76
Eugenia S. Cortez &ua--cz---1i4uec;es Nota County, Texas
�OF-_-
NOTIPASSAGE OF
CE
Z ORDINANCE NO. 13298
S'j=N ORIZI T `XECUCITY�
MANAGER OT EXECUTE qq
5-YEAR LEASE AGREES
a
artuquwAY ALL AS
MORE FULLY SET FORTH
IN THE LEASE AGREE•
MENT, A SUBSTANTIAL
COPY OF WHICH 15 AT•
TACHE D HERETO,
MARKED EXHIBIT "A ",
AND MADE A PART HERE-
�AS PASSED AND qP ROV•
QED by t the City Council of the -
Ity of Corpus Christi during the
egular Courxil Meeting held },
�n JUlY 28, 1976at2:ep P.m. and -
provides that it shall take effect
from and after Its passage and
publication,
ISSUED UNDER MY HAND
AND SEAL of the Clty of Car-
. W$ Christi, Texas Pots 29th day
i '
N
_ PUBLISHER'S AFFIDA iy V v /vr,
STATE OF TEXAS, ss
`. County of Nueces,'
cv f1 L �,
Before me, the undersigned, a Notary Public, t 'p,
et all e ... ...............................
-,t Rowena._ C.._Velasouez ...• •...•_..•..•� who being first duly sworn, ac 2�law, says that he is the
_t : ccQUnti�g
........................................................... . 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
Legals...NOTICE OF FIRST READING OF AN ORDINANCE AUTHORIZING A LEASE WITH BILL
............ .... .......... ............................................... - �47EE'!' LA; JI)::.' I' r�E ... CITY •'DOUMUIL 7"(F'-THE "SIT :..
of which the annexed is a true copy, was published in Caller —Times
on the.2cl .... day of.... ..- ...dune ..... ............... 197b ... x9nzkmm3emas1L ....................... x MfYeCloK ...........................
&3Et aiSaR; 7C...... . .............. ......................... .. . ...
.. ........... 1 . ............. Times.
u
$...... 6.59 ... .. Ln --- - - - - --
Rowena C. Velasquez Accounting
Subscribed and sworn to before me this..... 2 ..............day of.......... ua y. ..-- ........................... 19- 76 .- - - -...
Eugenia S. Cortez - S•
_...... ......° ............- ....... ............. ......
Not Public, ueces Coun , Texas
OF AN r
OF AN ORDINANCE AU-
THORIZING A LEASE WITH
BILLSWtL AI.rD
The City Ca�of me Clry of
Comm Christi has on me 2W
daY W June, 1970. Passed on lust
reading en rdlnana audgr -f
(zing the City Manager to axe i ,
wIe a lease with BIII Sweetland
'u fzr use of the subwrface Pe, .
desfrain Camel under North
Upper Broadway and Norm
Laver Broadway for a term of _
five (s) years at a rem of sl.eo _ per year, and under mar hrrms
and for the purposes and con- -
slderatIDn set — in the lease
agreement, a substantial copy ... " v f .
U which lease agreement is at"
Cached to the ordinance and
made a part thereof,
ISSUED UNDER MY HAND
AND SEAL of ,the City of Cr.
1- Christi, Texas, this 25m day
W June, 1476.
Is-Bill G. Read
-Bill G. Read City Secretary
(SE LOf Carpus Christi, Texas a
na.
a
i-
- T
�r
PUBLISHER'S AFFIDAVIT ±J
"STATE OF TEXAS, �ss: � ='
County of Nucces.
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
lkwalla ... C.... vt< a.. li aquez ........................ .. who being first duly sworn, according to law, says that he is the
Aac. of int. z7x ........................... ............................... 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
- Jegalsy - .iJOTICE_..OF ... SECOND , READING OF AN ORDINANCE AUTHORIZING A _LEASE_WITH BMLL
SWEETLAND...ON THE 30TrI.DAY OF JUNE, 1976. .ti
of which the annexed is a true copy, was published in -------------- Cs11.er. -. Time s ...........................................
_ —..
on the °3---- day of._-- --s7.1i1- Y ---------------------- 19 76. ........................ L,14i@18aYte XW....................__..
OWMAnx • ..................... ...............................
.3
• ..1......--- -• ...
$......16-5.0- - -- - - -- - - - -- ............... ` 1 v .........................................
X Rowena C. Velasquez, Accounting
Subscribed and sworn to before me this ......& .............day of.....�,)..J.uly - - - - -- ...................... 19.7.6........
Eugenia S. Cortez r
Notary Pub Nueces County, Texas
a
NOTICE OF SECOND READ-
ING OF AN ORDINANCE AU-
TI4DRIZING A LEASE WITH
- LSWE TLAN
City dd eCityd - -
Corpus Christi has on the Moth
day of June, 1976, passed an
'second reading an ordinance
authorizing the City Manager to _
execute a lease with Bill Sweet. '
lard for use of Me subsurfact
Rtlestrian tunnel under North
Upper Broadway and North '-
Lower Broadway for a term of +
r live (5) years at a rent of $1.00 .
per year, and urder the terms -
and for thepurposes and consid. z.
eration Set forth in the lease - •. - •, r r -
agreement, a substantial copy
of which lease agreement Is at. 1
taced to the ordinance and • v
made a Part thereof '
ISSUED UNDER MY HAND r J;
AND SEAL Of the City of Cor•
Pus Christi, Texas, this Ist Day 4
of July, 1976. (5)Bill G. Read F I
Bill G. Read, City Secretary - - r
City of Corpus Christi, Texas &
r