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HomeMy WebLinkAbout03267 ORD - 05/20/1952r _5�_2 � % 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 - 2 - 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. - 3 - 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 - 4 - 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 WEB:vfj t 1�