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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 r 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