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Home My WebLink About04328 ORD - 08/31/1955'R TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND OPT BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CON- TRACT AND LEASE AGREEMENT WITH BILLY PUGH LEASING TO SAID 'BILLY PUGH 12,378 SQUARE FEET OF THE MUNICIPAL WHARF, FOR AND IN CONSIDERATION OF THE TERMS AND CON- DITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT WITH BILLY PUGH, LEASING TO SAID BILLY PUGH 12,378 SQUARE FEET OF THE MUNICIPAL WHARF, IN ACCORDANCE WITH THE .TERMS AND CONDITIONS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. ALL EXPENSES OF PUBLICATION OF THIS ORDINANCE SHALL BE BORNE BY THE LESSEE AND THIS ORDINANCE SHALL BECOME EFFECTIVE AFTER ITS PUBLICATION AS PROVIDED BY THE CITY CHARTER AND ITS PASSAGE AS FOLLOWS: q328 THAT THE FOREGOING ORDINANCE S READ FO�JA-Z.1( HE ST TIME AND PASSED TO ITS SECOND READING ON THIS THE DAY OF 1955, BY THE FOLLOWING VOTE; FARRELL D. SMITH MINOR CULLI W. J. ROBERTb B. E. BIGLER MANUEL P. MALDONADO THAT THE FOREGOING ORDINANCE WAS READ FOR THE SS OND TIME AND PASSED TO ITS THIRD READING ON THIS THE D AY OF,.( , 1955, BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS S. E. BIGLER MANUEL P. MALDONADO THAT THE FOREGOING ORDINANCE WAS READ FOR THE ETTH— RDDTIME AND PASSED FINALLY ON THIS THE DAY OF , 1955, BY THE FOLLOWING VOTE: FARRELL D. S MINOR CULLI W. J. ROBERT B. E. BIGLER MANUEL P. MA PASSED AND APPROVED, THIS ATTES J Mly St4RFT My / / APPROVED 4S TO LEGAL FORMA:' C Y ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS �32k CONTRACT AND LEASE AGREEMENT THE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X THIS CONTRACT AND LEASE AGREEMENT made and entered into this day of , 1955, by and between the City of Corpus Christi, Texas, a municipal corporation, acting by and through its duly authorized City Manager, Russell E. McClure, hereinafter called Party of the First Part, and Billy Pugh of Nueces County, Texas, hereinafter called Party of the Second Part. W I T N E S S E T H That for and in consideration of the covenants and agree- ments herein contained and subject to the provisioizs hereby, the Party of the First Part does hereby lease and demise unto the Party of the Second Part the following lands and premises: Beginning at a point, the intersection of the center line of the steel sheet piling on the south side of the muni- cipal Wharf and the east fact of the bottom step of the seawall; Thence N. 730 — 41' — 40" W., 11 feet to a point; Thence N. 160 — 18' — 20" E., 71.3 feet to a point on the south face of the south wall of tl:e road ramp; Thence S. 730 — 41' - 40" E., along the south face of the south wall of the road ramp, 137 feet to a point, said point being the end of the south wall of said raod ramp; Thence S. 300 — 59' — 40" E., 83 feet to a point; Thence S. 160 — 18' — 20" W., 15 feet to a point on the center line of the steel sheet piling on the south side of the Municipal Wharf; Thence N. 730 — 41' — 40" W., along the center line of the steel sheet piling on the south side of the Munici- pal Wharf, 187 feet to the place of beginning. Containing 12,378 square feet. with the right of ingress and egress for the uses of the property hereby demised as herein provided, but it is expressly stipulated that such right of' ingress and egress shall not include the right. to obstruct the use by the general public for passageway over and across the land and premises adjacent to the above described.' -tract — 1 — 1 l of land and such passageway shall at all times be kept unobstructed by Party of the Second Part, its agents, servants, employees, and patrons. I The rental for said property shall be Two Hundred Dollars ($200.00) per month payable on or before the first day of each mouth in advance. II The term of this lease shall be Two (2) years to commence and begin on September 1, 1953 and end September 1, 1957. That said property is to be used for the operation of a boat service consist- ing of performing services for smaller boats such as washing down, cleaning, care and inspection and making minor repairs, providing crews for boats and performing emergency work thereon and for no other purpose. III That the Party of the Second Part shall have the right to erect improvements on said premises, which improvements shall be in design and quality in keeping with the Bay Front area and the plans and specifications, before the erection thereof, must be submitted to the Part. and Recreation Board, and its approval obtained before the erection and construction of any such improvements. The build- ing constructed of concrete blocks, now located on the premises, if left on the premises, shall be considered as having been erected under the provisions of this contract. All construction of every kind shall at the termination of this lease become the property of the City or at the option of the City the City may require that all improvements be removed from the premises at the expense of the lessee. IV That Party cf the Second Part shall provide suitable signs indicating that the premises are operated by the Party of the Second Part as his own business and net be the Party of the First Part. V That the Party of the Second Part shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable 2 _ to said premises and all orders and requirements imposed by the Health Department, Sanitary Department, and Police Department for the correction, prevention and abatement of nuisances in, upon, or connected with said premises during the term of this lease at his own expense. VI That it is understood and agreed by and between the Parties hereto that this contract and lease is not assignable in whole or part: and that the Party of the Second Part shall have no right or authority to sub —let the premises or any part thereon and that any attempt to so do wrill be grounds for termination of this lease by Party of the First Part. VII That the Party of the Second Part shall keep said premises in a clean and neat condition and shall take good care of the prop- erty keeping the improvements and buildings in repair and painted and suffer no waste during the term of this lease and at the end or other expiration of the term shall deliver up the demised premises in good order and condition, natural Swear and tear and damages by fire and elements only, excepted. VIII That Party of the Second Part stipulates and agrees to hold the Party of the First Part harmless for any hurt, injury or damage to persof,s or property caused by Party of the Second Part's operation of said business and agrees to carry public liability insurance upon the said business in the amount of Fifty Thousand Dollars ($50,OOG.00). IX That Party of the Second Part stipulates and agrees that he will incur no debts and obligations on the credit of the Party of the First Part in the operation of said business nor shall this agreement ever be construed as giving Party of the Second Part the right to do so. X That in case of default in any of the aforesaid covgaants, i the Party of the First Part may enforce a performance thereof in any mode provided by law and may declare the lease forfeited at i,is dis— 3 — 1 cretion, and Party of the First Part, its agent, employee or attorney shall have the right without further notice or demand to re —enter and remove all persons therefrom without being guilty of any manner of trespass and without prejudice to any remedy for arrears of rent or breach of covenant, or the Party of the First Part, its agents and employees may resame possession of the premises and re —let the same for the remainder of the term at the best rent they may obtain and hold the Party of the Second Part for any deficiencles; and the Party of the First Part shall have a lien as security for the rent aforesaid upon the buildings, chattels, implements, tools and other personal property which are, or may be put, on the demised premises. WITyESSETH the hands of the parties hereto this the day of , 1955. ATTEST: City Secretary APPROVED AS TO LEGAL FORM: City Attorney THE CITY OF CORPUS CHRISTI, TEXAS By Russell E. McClure, City Manage — 4 — �3z� Party of the Second Part