HomeMy WebLinkAbout03267 ORD - 05/20/1952r
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF
THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE'
A CONTRACT BY AND BETWEEN THE CITY OF CORPUS
CHRISTI AND GULF OIL CORPORATION FOR THE LEASE
BY THE SAID CITY TO THE SAID GULF OIL CORPORA-
TION OF CERTAIN REAL ESTATE IN NUECES COUNTY,
TEXAS, WITHIN THE LIMITS OF THE CITY OF CORPUS
CHRISTI, MORE PARTICULARLY DESCRIBED IN THE
BODY HEREOF; SETTING FORTH THE TERMS AND CON-
DITIONS OF SAID LEASE CONTRACT; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND
DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS,
A CONTRACT FOR THE LEASE BY THE SAID CITY OF CORPUS,CHRISTI, TEXAS, TO THE
SAID GULF OIL CORPORATION OF CERTAIN REAL ESTATE SITUATED IN NUECES COUNTY,
TEXAS, AND WITHIN THE LIMITS OF THE CITY OF CORPUS CHRISTI AND 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 CAP, 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 29.55 FEET TO,THE
BEGINNING 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 53.17 FEET TO A
POINT FOR A CORNER;
THENCE IN A SOUTHEASTERLY DIRECTION A DISTANCE OF
47.51 FEET TO THE PLACE OF BEGINNING;
TOGETHER WITH THE IMPROVEMENTS NOW LOCATED THEREON, A TRUE COPY OF SAID CONTRACT
IS MADE A PART HEREOF.
SECTION 2. THE FACT THAT IT IS TO THE GREAT AND BENEFICIAL
INTEREST OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT SUCH CONTRACT BE ENTERED
INTO WITH THE SAID GULF OIL CORPORATION AS A MEANS OF SUPPLYING GASOLINE, OIL,
AND 8�HER PETROLEUM PRODUCTS TO THE BOATS WHICH PLY THE WATERS OF CORPUS CHRISTI
BAY, WHICH BOATS USE THE CITY DOCKING FACILITIES IN THE HARBOR OF CORPUS CHRISTI,
CONTRACT
THE STATE OF TEXAS 1
COUNTY OF NUECES
THIS CONTRACT OF LEASE AND RENTAL MADE BY AND BETWEEN CITY OF CORPUS
GNLF
CHRISTI OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED "LESSOR" AND
OIL CORPORATION
HEREINAFTER CALLED "LESSEE"
W I T N E S S E T H
I
FOR AND IN CONSIDERATION OF THE RENTALS TO BE PAID BY THE LESSEE TO THE
LESSOR, AS HEREINAFTER STATED, THE LESSOR HAS LEASED, DEMISED AND RENTED AND DOES
HEREBY LEASE, DEMISE AND RENT UNTO LESSEE THAT CERTAIN REAL ESTATE, LOT, TRACT, 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 CAP, 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 BEGINNING 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;
TOGETHER WITH THE IMPROVEMENTS NOW LOCATED THEREON.
II
IT IS CONTEMPLATED AND AGREED BETWEEN THE PARTIES HERETO THAT THE PRO-
PERTY HEREIN LEASED IS TO BE USED FOR A MARINE FILLING STATION AND FOR PURPOSES
CONNECTED THEREWITH AND FOR FURNISHING BOATS WITH GASOLINE AND OTHER PETROLEUM
PRODUCTS AT WHARF FRONT, PROVIDED HOWEVER, THAT LESSEE HAS THE PRIVILEGE OF SELL-
ING OTHER MERCHANDISE AS A SIDE -LINE AND INCIDENTAL TO THE MAIN BUSINESS OF A
MARINE FILLING STATION, AND IT IS FURTHER UNDERSTOOD AND AGREED THAT ONE OFFICE
IN THE BUILDING AS IT NOW EXISTS IS TO BE USED BY THE HARBORMASTER OF THE CITY
OF CORPUS CHRISTI AS HIS OFFICE TO BE USED BY HIM IN CONNECTION WITH HIS JOB WITH
THE CITY.
THE TERM OF THIS LEASE SHALL BE FOR A PERIOD OF FIVE (5) YEARS BEGINNING
ON THE 15TH' DAY OF MAY , t9, AND EXPIRING ON THE 14tH DAY
OF NAT t957.
IV
THE LESSEE AGREES TO PAY TO THE LESSOR A RENTAL OF 000 -W PER MONTH,
PLUS 11 PER GALLON ON ALL DELIVERIES OF GASOLtttE IN EXCESS IDF 123,000 GAL. PER
YEAR, AND 1/'hi PER GAL. OR ALL DIESCL FUEL DELIVERED TO THE SERVICE STATION.
THIS 1141 PER GAL. TO ]INCLUDE ANY DELIVERIES OF DIESEL FUEL TO HERNDON 04ARINE
PRODUCTS, INC. THE 1/41 PER GAL. ON THE DIESEL FUEL VILL BE PAID ON MONTHLY
BASIS. MONTHLY REPORTS OF SALES VILL SE FURNfjRCD TO THE LESSON. THIC TOTAL RENTAL
PAYABLE IS A MINIMUM OF $6,0W.00 PAYABLE IN INSTALLMENTS OF $10D.00 PER MONTH
PAYABLE IN ADVANCE EACH MONTH COMMENCING WITH THE DATE HEREOF-AND CONTINUING ON
THE 13TH DAY OF EACH MONTH THEREAFTER. FAILURE TO PAT ANY Of SAID MINIMUM MONTHLY
INSTALLMENTS OR ANY OTHER SUMS DUE FOR RENTAL SHALL SUBJECT THIS LEASE TO FORFEITURE
AT THE OPTION OF LESSOR. IN ADDITION TO SAID - MINIMUM MONTHLY
RENTAL, ANY SUM DUE UNDER THIS PROVISION SHALL BE PAYABLE WITHIN SIXTY (60) DAYS
AFTER THE END OF EACH ANNUAL TERM. IN ORDER THAT THE DETERMINATION OF THE RENTAL
CHARGE PER GALLON OF GASOLINE OR MOTOR FUEL DELIVERED 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 MANAGER OR ANYONE UNDER HIS DIRECTION
AT ANY REASONABLE TIME.
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
TIME, THIS LEASE SHALL BE TERMINATED AS TO BOTH PARTIES AS OF THE 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 BUILDING, THEN NO
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RENTAL SHALL BE DUE AND PAYABLE DURING THE TIME SUCH REPAIRS AND/OR REPLACEMENTS
ARE BEING MADE; BUT WHEN THE BUILDINGS ARE PLACED IN THE SAME ORDER AS BEFORE SUCH
DAMAGE, 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 PRODUCTS AND SHALL HAVE THE RIGHT TO REMOVE THE SAME
AT THE EXPIRATION OF THE LEASE, OR WITHIN A REASONABLE TIME THEREAFTER.
VII
LESSOR AGREES TO-PAY ALL TAXES ON THELAND AND IMPROVEMENTS EXCEPT THE
TAXES, IF ANY, ON TRADE FIXTURES PUT ON THE PROPERTY BY LESSEE. LESSOR FURTHER
AGREES TO KEEP THE ROOF IN GOOD CONDITION SO THAT SAME WILL NOT LEAK AND TO MAKE
ALL STRUCTURAL REPAIRS TO SAID BUILDING AND IMPROVEMENTS NECESSITATED BY DEFECTIVE
OR FAULTY CONSTRUCTION THEREOF; THE LESSEE AGREES TO KEEP THE BUILDING AND IMPROVE-
MENTS IN GOOD CONDITION AND REPAIR DURING THE TERM OF THIS LEASE AT LESSEE'S OWN
EKPENSE, EXCEPT AS HEREIN SPECIFIED TO BE DONE BY LESSOR. IF LESSEE SHOULD FAIL
TO MAKE SAID REPAIRS WITHIN NINETY (90) DAYS AFTER RECEIPT OF NOTICE TO THEM THAT
SAID REPAIRS ARE NECESSARY, THEN LESSOR MAY CAUSE SAME TO BE MADE AND CHARGE THE
COST THEREOF TO THE LESSEE.
VIII
LESSOR AGREES THAT IF IT SHOULD AT ANY TIME DEFAULT IN THE PAYMENT OF
ANY TAXES, LIEN, MORTGAGE 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 LEASE, AND/OR BE SUBROGATED TO THE RIGHTS OF THE LIEN
HOLDER TO THE EXTENT OF SAID PAYMENTS THEREON.
IX
EXCEPT AS PROVIDED IN PARAGRAPH II HEREOF, 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 REASON, EVEN IF AFFECTING
ONLY A SMALL PART OF THE PREMISES, IF NOT PROMPTLY CORRECTED, WILL TERMINATE THE
LEASE AT THE OPTION OF LESSEE.
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X
IFS BY REASON OF ANY LAW OR ORDINANCE OR INJUNCTION, ANDIOR 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 FOR WHICH
IT IS LEASED, THEN, AT LESSEES OPTION, THIS LEASE SHALL TERMINATE AND THE
LESSEE SHALL HAVE THE RIGHT, AT ITS OPTION, TO REMOVE ALL PROPERTY PUT ON THE
LEASED PREMISES BY IT.
XI
LESSEE COVENANTS AND BINDS ITSELF TO OBEY ALL SANITARY RULES AND
REGULATIONS NOW IN FORCE, AS WELL AS ALL CITY ORDINANCES AND STATE LAWS EFFECTING
THE PROPERTY NOW IN FORCE, OR WHICH MAY HEREAFTER 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 NOTICE AND DEMAND ON IT TO PAY THE RENTAL,
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; HOWEVERp IN SUCH CASES)
LESSEE SHALL HAVE THE RIGHT TO REMOVE ANY PRO�ERTY WHICH IT MAY HAVE PUT UPON THE
LEASED PREMISES WITHIN A REASONABLE TIME AFTER SUCH FORFEITURE IS DECLARED.
xii
LESSEE SHALL HAVE THE RIGHT AND PRIVILEGE TO ASSIGN THIS LEASE OR
SUBLET THESE PREMISES IN WHOLE OR IN PART FOR THE WHOLE OR ANY PART OF THE TERM
OF THIS LEASE UPON SUCH TERMS AS IT SHALL SEEM BEST. IT IS AGREEDI HOWEVER THAT
LESSEE SHALL NOT ASSIGN SAID LEASE OR SUBLET SAID PREMISES TO ANY PERSONS FIRM OR
CORPORATION, WHICH WOULD HANDLE ON SAID PREMISES PETROLEUM PRODUCTS OTHER THAN
GULF PRODUCTS WITHOUT FIRST SECURING THE CONSENT AND APPROVAL OF THE CITY
MANAGER. SHOULD THE CITY MANAGER REFUSE TO CONSENT TO SAID ASSIGNMENT OR SUB -
LEASES THE LESSEE MAY, AT ITS OPTION, SURRENDER AND CANCEL SAID LEASE AND BE
RELEASED FROM ANY FURTHER OBLIGATION THEREUNDER.
xiii
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
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FIRST RENEWED OR EXTENDED THIS LEASE IN WRITING SHALL NOT BE CONSIDERED AS A
RENEWAL OR EXTENSION OF THIS LEASE FOR ANY PERIOD LONGER THAN ONE MONTH. 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 TRIPLICATE ORIGINALS, ON THIS THE DAY OF MAY 1952,
ATTEST: CITY OF CORPUS CHRISTI, LESSOR
BY
CITY SECRETARY CITY MANAGER
APPROVED:
CITY ATTORNEY
BY
THE STATE OF TEXAS
COUNTY OF NUECES
LESSEE
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
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 PURPOSES AND CONSIDERATION THEREIN EXPRESSED, IN THE CAPACITY STATED
AND AS THE ACT AND DEED OF THE CITY OF CORPUS CHRISTI.
GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE DAY OF
MAY , A. D. 1952
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE STATE OF TEXAS j
COUNTY OF NUECES j
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
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 PURPOSES AND CONSIDERATION THEREIN EXPRESSED, IN THE CAPACITY STATED
AND AS THE ACT AND DEED OF THE
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE _„ DAY OF
, A. D. 1952.
+ NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE NECESSITY REQUIRING THE
SUSPENSION OF THE CHARTER RULE 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 SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE
NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED,
AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED THIS^ o ':�- DAY OF MAY, 1952•
0A R O DItPUS CHRISTI, TEXAS
TTEST :
CITY SECRETARY
APPROVED AS TO 4EGAL FORM:
CITY ATTORNEY
Corpus Christi, Texas
�C9 19S L
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
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 Council; I, therefore,
hereby request that you suspend said Charter rule or requirement and pass this
ordinance finally on the date it is introduced, or at the present meeting of
the City Council.
Respectfully,
�C off✓
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by
the following vote:
Leslie Wasserman
dpi /
Jack DeForrest
f �L
Sydney E. Herndon
George L. Lowman
C -N—
Frank E. Williamson
The above ordinance was passed by
the following vote.
Leslie Wasserman
Jack DeForrest
( Z
Sydney E. Herndon
George L. LowmanG
Frank E. Williamson
(T°_
/ PETROLEUM AND ITS PRODUCTS
GULF OIL CORPORATION
`K'`aaiso °Exe AL K.,,,,oEO
HOUSTON SALES DIVISION
C; o ^wKiKS
GER RETML SAFES
GULF BUILDING • HOUSTON 2. TEXAS ccessoR ro
e. eRPETTI
GULF REFINING
ANAGE DIRECT SALES
J P OW'"
R-11"I
COMPANY
G Gw K1 .6f
w,ESO." ° " "
E.
February 10, 1954
Subject Marine Service Station
City of Corpus Christi
Corpus Christi, Texas
Corpus Christi, Tsxµs
Dear Sir:
In order to facilitate mailing of rental checks and to expedite the receipt of such
checks in the hands of Gulf lessors, we feel a more efficient job can be done by
issuing all Gulf rental checks on the same day of the month, or at least by the
succeeding working day. Such procedure will enable us to more promptly and more
accurately pay our rental obligation to you.
Under our current lease agreement-on the station set out above, it may be that your
rental is due on some other day than the tenth day of the month; however, we propose
to pay all rentals on the tenth day of each calendar month, irrespective of the terms
of the lease agreement between you, as lessor, and Gulf Oil Corporation, as lessee,
so that these rentals will be due on the tenth of each month during the lease term.
The above change relates only to the date upon which your rental payments are to be
paid, and all other terms and provisions of our current lease agreement are to re-
main unaffected.
If you are willing to accept payment of rentals on the tenth day of the month, or the
succeeding working day, please signify your acceptance by signing one copy of this
letter in the space provided in the lower left hand corner and return it to us,
using the self- addressed envelope which requires no postage.
We thank you for your cooperation and consideration in this matter.
Very truly yours,
GULF OIL CORPORATION
Di ai General Manager
J-
CITY OF CORPUS CHRISTI
Lessor
BY:
Director .gf Finance Lessor
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