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HomeMy WebLinkAbout04173 ORD - 03/30/1955AC:�i ''.UTHOR1ZI11C 1'ID,)IRECTfNG TBE CITY IsfNAGL2 FOR 1,N) ON )EHl -1LF OF THE CITY Oi� CORPUS -Hf:ISTI TO Ei;ECIiTE A LEl:SE ;REL?'E -I,J' DY J ET':JEEIi THE CITY OF :L :PL! CHI:13TI J THE- VETER ANS OF FO'„LICI' l'l/ ^;S, POST NO. j3q, , COWUS CHI:ISTI, Tl_ ; /t5, FOR '. PORTION OF THE COi:PUS CHRISTI Mi':ICRY PROPERTY LOCATED AT �61.0 "� 7 -Is--Y STREET, CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE PURPOSE OF CON3T,UCTING A 30Y SCOUT HUT, SAID AGREEMENT TO BE IN LIEU OF A LEASE AGRE&1EIJ RY AND 3E1�FEN SA I p PARTIES DATE) DECEMBER 10, 1)5 7 A %1D AUTHOR I ZED Y GRi)IP "IAf10E .!0. P61�, PASSrJ /71) APP�;OVEJ OIJ THE 16TI1 DAY CF 'JECEN73E , 11,15", „ COPY OF SUCH LEASE ACJI:E'c ^4!_I IT BE I NG AT "i!1CFIE0 HER'�TO P.FP) ✓iA'JE !, : F.ilT 1IcF EGF J D'ECL! \: I dG AN nGEI:N CY. 3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHICISTI, TFE;iAS . SECTION 1. THAT THE CITY 1,1ANACER IS HERESY AUTHORIZED AND DIRECTED FOR AND ON =EHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE LEASE AGREEIdE ?IT DY AND BETWEEN THE CITY OF CORPUS CHRISTI AHD THE VETERANS OF FOP,EIGP'I` ^JARS, POST h!G. ;ORPUS :CHRISTI, TEXAS, FOR A PORTION CF THE CORP'JS CHRISTI ARPIOSY PROPERTY LOCATED AT I'v�11' RA.MSEY STREET, C.OP,PU5 CHRISTI, NUECES ;COUNTY, TEXAS, FOR THE PURPOSE OF CONSTRUCTI NO A BOY SCOUT TROOP HUT, SAID AGREEMENT TO 13F IN LIEU OF A LEASE AGREEMENT DY AND BETWEEN SAID - PARTIES DATED OECENr3ER 16, AND AUTHORIZED BY ORDIIJAHCE ND. 613, PASSED AND APPROVED ON THE 16TH DAY OF DECEMBER, 1�5-', A COPY OF SUCI -1 LEASE AGREEMENT BEIC16" ATTACHED HERETO AND MIADE A PART HEREOF. SECTION 2. THE FACT THAT IT 15 NECESSARY FOR THE VETERANS OF FOREIGN !JARS, POST iJO. 5 :nU, CORPUS CHRISTI, TEXAS, AS SPONSORS OF A TROOP OF )OY SCUUTS, To SECURE SAID PROPERTY FOR THE IMMEDIATE USE AND IN THE INTEREST OF SAID BUY SCOUT TROOF, CREATES A PUL'LIC EMERGENCY ARID A PUDLIC IMPERATIVE NECESSITY RREQL'IRINC. THE SUSPENSION OF THE CHARTENRULE AND THAT NO ORDINANCE OR RESOLUTION SHALL EE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL 13E READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUDLIC E14ERGENCY AND II.IPERATIVE PUI:LIC NECESSITY EXIST, AND HAVING REQUESTED THAT SAID CHARTER RULE 8E SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FRO14 AND AFTER ITS PASSAGE, IT. IS ACCORJIi�IP LY SO OItOMHE). P'AASE') AN) APPROVED, THIS THE d oAY OF /'��. IC¢�l' 95j- ATTEST: THE CITY OF CORPUS CHRISM, TL -,(AS C I TY .SECRETARY ,,' r EMB: AC:3/28f55 COfKCT10 LEASE THE STATE OF TEXAS COUNTY OF ICES aIIEI.LAS, A LEASE AGREEMENT HAS KEEN HERETOFORE AUTHORIZES AHO ENTERED INTO BY AND BETWEER THE CITY OF CORPUS CNRiaT1, TE %ASE AND THE VETERANS OF FOREIGN WARS, POST NO. 5398, FOR CERTAIN PURPOSES AND CONBIOER- ATIONS THEREIN EXPRESSED; AND WHEReAS, IT HAS PEEN DETERMINED THAT THE SAID PREMISES THEREIN 0EHISE0 CANNOT BC USED FOR THE PURPOSES iNTEHOED BECAUSE OF CERTAIN 114PEDI- MENTS ARISING FROM RESTRICTIONS E1430DIED IN THE ZONING ORDINANCE, AS AMENDED; AND WHEREAS$ 17 171 SEEMED DESIRABLE AND TO THE PUBLIC INTEREST TO EXECUTE THIS CORRECTION LEASE CHANCING THE SIZE OF THE LOT ORIGINALLY DE- MISED, AND PERMITTING THE CONSTRUCTION OF A LARGER BUILDING THEREONS NOW, THEREFORE, This AGREEMENT MADE AND ENTERED INTO THIS THE DAY Or , 1955, or AND sETwcem THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY', AND THE VETERANS OF FOREIGN WARS„ POST NO. 5398, CORPUS CHRISTI, TEXAS, A SERVICE CLUO ACTING AS SPONSORS OF TROOP 174, BOY SCOUTS OF AMERIGAjI HEREINAFTER CALLED "LESSEE ", W I T N E 5 5 E T H THE CITY Or CORPUS CHRISTI, TEXAS, FOR VALUABLE CONSIDERATION, DOES aY THESE PRESENTS LEASE AND DENISE UNTO THE SAID LESSEE, THE FOLLOWING OESAIBED PRemists, TO -WIT: A TRACT Or LAND 70 FEET BY 70 FEET OUT Of THE WEST PORTION OF A 3.99 ACRE TRACT CONVEYED IIY C. M. RICHARDSON AND JOHNIE PEARL RICHARDSON TO THE CITY Of CORPUS CHRISTI BY DECD DArED FEBRUARY 16, 1945, AND RECORDED IN v*LUaE 307 AT P*sc 290 -291, Dzco Rreo Ds Or Nuirces COUNTY, TCxAs, 'AID TRACT Of LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUND$ As FOLLOWS: BEGINNING AT A POINT THC MOST WESTERLY CORNER Or SAID 3.99 ACRE TRACTI Tii -'NCF u 44" - 55, 1: WITH THE NOR H BOUNDARY LINE Or SAID 3.99 ACRE TRACT, A DISTANCE Of 00 FEET TO A POINT fOR THE WEST COINER AND BEGINNING Of THE TRACT HEREIN DESCRIBED; THENCE M 4$" - 551 E, A DISTANCE OF 70,00 FEET TO A POINT FOR THE NORTH CORNER Of THE TRACT HEREIN DESCRIBED; TWNCE 5 45° + 051 E, A DISTANCE Of 70.00 FEET TO A POINT FOR THE EAST CORNER Or THE TRACT HEREIN DESCRIBED; THENCE S 44* - 55" W, A DISTANCE Of 70.00 FEET TO A POINT FOR THE SOUTH CORNER OF THE TRACT HEREIN OESCRISEO; THENCE N 45° . 05' W, A DISTANCE OF 70.00 FEET TO THE PLACE OF BEGINNING, FOR THE REMAINDER OF THE TERM OF THE ORIGINAL LEASE ENTERED INTO AND AUTHOR- IZED ON THE 16TH DAY OF '.)ECEM::ER, i9'j3, AND ENDING AND TERMINATING ON THE 14TH DAY OF 'JECEMBER, 1958, SUBJECT TO THE FOLLOWING CONDITIONS AND COVENANTS: 1. THE VETERANS OF FOREIGN WARS, POST NO. 53985, HEREBY AND BY THESE PRESENTS Aa REES TO ACCEPT SAID PREMISES AS COMPLETED, TO MAINTAIN SAID PREMISES DURING THE TEM OF T141S INSTRUMENT IN A CLEAN AND SANITARY CONDITION, AND AT THE EXPIRATION THEREOF TO RETURN SAID PREMISES TO CITY IN AS GOOD CONDITION AS RECEIVED, REASONABLE USE, WEAR, ACTS OF GOD, FIRE. AND FLOOD EXCEPTED. 2. IT IS CONTEMPLATED THAT A BUILDING WILL BE BUILT APPROXIMATELY 24'X 40' FOR USE AS A BOY SCOUT CLUB, HOUSE ON THE NORTH EASTERN FIFTY FEET OF THC SEVENTY FEET HEREBY LEASED, allT IT iS AGREED THAT NO OTHER ADDITION OR ALTERATION SHALL 13E MADE TO THE PREMISES WITHOUT THE CONSENT OF THE CITY IN WRITING, AND ANY AND ALL IMPROVEMENTS PLACED ON SAID PREMISES MAY BE MOVED DY THE LCSS&L AT THE EXPIRATION OF THIS LEASE. 3. IT IS TH9 INTENTION OF THE VETERANS OF FOREIGN WARS, POST NO. 5398, THAT THE PREMISES SHALL BE FOR THE USE OF THE .BOY SCOUT TROOP FOR THE PURPOSE OF CONSTRUCTING A SCOUT HUT AND FOR NO OTHER PURPOSE. 4. LESSEt AGREES TO PAY FOR ALL UTILITIES USED BY IT ON THE PREMISES LEASED BY 17. 5. LESSEE AGREES TO CONFORM TO ALL RULES SET OUT aY THE CITY MANAGER OF THE CITY OF iORPOS CHRISTI, TEXAS, FOR THE OPERATION OF THE LEASED PREMISES. G. THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDINANCES OF THC CITY OF CORPUS CHRISTI APPLICAOLE TO SAID PREMISES, AND ALL ORDERS AND REQUIREMENTS IMPOSED BY THE 130ARD OF HEALTH, SANITARY, FIRE AND POLICE DEPART- MENTS, FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES AND /OR HAZARDS IN, UPON, OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT ITS OWN EXPENSE. 7. TN CITY SHALL NOT BE RESPONSIBLE FOR DAMAGES TO PROPERTY OR INJURY TO PERSONS WHICH MAY ARISE INCIDENT TO THE EXERCISE OF THE RIGHTS AND PRIVILEGES HREIN GRANTED. 8. THE !TIGHT OF INGRESS AND EGRESS IS HEREBY GRANTED 0Y CITY TO VETERANS DF FOREIGN WARS, POST N0. 5395, CORPUS CHRISTI, TEXAS, OR ITS AGENTS, .P- EMPLOYEES OR REPRESENTATIVES, ACROSS THE PRLMISES DESCRIBED A$ BEING THE 30UTH- WEST 70 FEET OF THE 3.99 ACRC TRACT A60YE MENTIONED. 9. THIS CONTRACT CONTAINS ALL THE PROVISIONS AGREED UPON BY THE PARTIES HER£Tr AND DISPLACES ALL PREVIOUS VERBAL OR ORAL Aa REENENTS. 10. THIS LEASE CORRECTS A'.D ABROGATES A LEASE FORMERLY ENTERED INTO SY AND E3ETWEEN THE PARTIES HERETO AND AUTHORIZED OY ORDINANCE NO. 3619. ATTEST: CITY SECRE'rAAY p?GJE Aa 'i3 REGAL f A: CITY ATTORNEY :ATTEST: -ME CITY OF CORPUS CW41STI, TEXAS 3Y RUSSELL E. MCCLURE, CITY MANAGER YETUMS OF FOREIGN 1WARS, POST NO. 5398 Dy -3- CORP S CHRISTI, TEXAS 1955 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 T"rIIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MOOR CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLROY KING _ JAMES S. N A (SMITH W. JAMES BRACE F. P. PETERSON, JRa,... THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLRoY KING JAMES S. NAI SMI TH F W. JAMES BRACE F. P. PETERSON, JR. �-fn 3