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Home My WebLink About04427 ORD - 12/28/1955IMS:MEM:12/21/55 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS TO EXECUTE AN AGREEMENT TO AMEND THE LEASE AGREEMENT NOW EXISTING BETWEEN THE CITY OF CORPUS CHRISTI AND HERNDON MARINE PRODUCTS INC.,SO AS TO PROVIDE FOR THE CONVEYANCE TO THE CITY OF THE BUILDING NOW OWNED BY THE LESSEE, AND A REDUCTION IN THE RENTAL TO $325.00 PER MONTH AND TO PERMIT THE SELLING OF DIESEL FUEL ON CERTAIN TERMS AND CONDITIONS, ALL AS SHOWN BY THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, IT IS DEEMED ADVISABLE TO AMEND THE LEASE AGREEMENT NOW IN EXISTENCE BETWEEN THE CITY AS LESSOR AND HERNDON MARINE PRODUCTS INC., AS LESSEE, CONCERNING A PORTION OF THE APPROACH TO THE L -HEAD PIER ON THE BAYFRONT IN THE CITY OF CORPUS CHRISTI, AS IS MORE PARTICULARLY DESCRIBED IN THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER 15 AUTHORIZED TO EXECUTE AN AGREEMENT TO AMEND THE LEASE AGREEMENT NOW EXISTING BETWEEN THE CITY OF CORPUS CHRISTI AND HERNDON MARINE PRODUCTS INC., SO AS TO PROVIDE FOR THE CONVEYANCE TO THE CITY OF THE BUILDING NOW OWNED BY THE LESSEE, AND A REDUCTION IN THE RENTAL TO ;325.00 PER MONTH AND TO PERMIT THE SELLING OF DIESEL FUEL ON CERTAIN TERMS AND CONDITIONS, ALL AS SHOWN BY THE AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF, SECTION 2. LXCEPT AS HEREIN PROVIDED THE EXISTING LEASE SHALL REMAIN IN FULL FORCE AND EFFECT, SECTION 3. THE NECESSITY FOR COMMENCING PROCEDURE FOR AMEND- ING SAID LEASE IN COMPLIANCE WITH THE PROVISIONS OF THE CITY CHARTER AS SOON AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINAKE - OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH 1 46 EMERGENCY AND NECE55ITY 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 DE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED THIS�DAY OF DECEMBER, 1555, ATTEST: CITY SE RET RV APPROVED AS TO LEGAL FORK THIS,:; DAY F DECEMBER, 1955: A� - CITV ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS I AC: 12/3065 THE STATE OF TEXAS COUIM OF NUECEs WHEREAS, HERNOON MARINE PRODUCTS, INC., IS THE PRESENT OWNER OF A LEASE GRANTED TO G. E. VALENTINE, DATED AUGUST 22, 1939y CDVERINa THE PERIOD OF JANUARY 1, 1940 70 JANUARY 1, 1961, CONCERNING A PORTION OF THE BAYFRONT PROPERTY FORMING A PART OF THE APPROACH TO THE CITY L -WAO, AS DESCRIBED IN SAID LEASE, AND HAS REQUESTED SAID LEASE BE AMENDED: NOW, THEREFORE, :WOW ALL MEN BY THESE PRESENTS: THAT THE LESSOR, CITY OF CORPUS CHRISTI, TEXAS, AND THE LESSEE, HERNDoN MARINE PROOUCTS, INC., HAVE AOREED THAT THE LEASE AGREEMENT IS AMENDED SO THAT: 1. THE RENTAL FOR SAID PROPERTY FOR THE PERIOD JANUARY 1, 1956, TO JANUARY 1, 1961, SHALL BE A MONTHLY RENTAL OF THREE HUNDRED TWENTY -FIVE DOLLARS ($325.00) PER MONTH, PAYABLE ON OR BEFORE THE 1ST DAY OF EACH MONTH IN THE SAID PERIOD, WHICH RENTAL SHALL COVER THE USE OF THE LAND AND ALL IM- PROVEMENTS AND OTHER FACILITIES LOCATED THEREON. 2. THAT LESSEE MAY INSTALL, AT ITS OWN EXPENSE, DIESEL FUEL TANKS AND ATTENDANT DIESEL FUEL SERVICING FACILITIES ON THE PREMISES COVERED BY THE LEASE, ALL IN ACCORDANCE WITH PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF SUCH TANKS AND OTHER FACILITIES WHICH HAVE BEEN FIRST APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI, AND THE ACTION OF THE SAID DIRECTOR iN THIS REGARD MUST B£ REASONABLE AND IN ACCORDANCE WITH VALID APPLICABLE ORDINANCES NOW EFFECTIVE. THE TANKS SHALL BE INSTALLED AND MAINTAINED BY LESSEE IN ACCORDANCE WITH THE REGULATIONS OF THE FIRE COD£ OF THE CITY OF CORPUS CHRISTI, TEXAS, AND LESSEE IS WERE GRANTED FULL AUTHORITY TO USE SAID FUEL STORAGE AND SERVICE FACILITIES, WITHOUT ADDITIONAL CHARGE, FOR THE REMAINDER OF THE TERM OF THIS LEASE; BUT 17 IS UNDERSTOOD THAT SAID TANKS SHALL BELONG TO AND BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI, TEXAS, AT THE TIME OF THE TERMINATION OF YNE LEASE. 3. THAT NO ADDITIONAL RENTAL OR OTHER FEE WILL BE REQUIRED OF THE LESSEE FOR DIESEL FUEL SOLD BY IT FROM THE SAID FUEL STORAGE AND SERVICING FACILITIES, AND THE LESSEE AGREES THAT IT WILL NOT MAKE TANK TRUCK DELIVERIES TO BOATS AT THE L•HEAD. 4. THAT THE RENTAL FOR SLIPS ON THE L -HEAD WHICH ARE NOW BEING USED BY LESSEE, OR THE SHRIMP FLEET, SMALL BE REDUCED TO THE SASIS OF ONE CENT PER FOOT PER BOAT PER DAY, RENTABLE THIRTY (30) DAYS AT A TIME AND PAYABLE PER rALENDAR MONTH, OUT THE CITY IS U40ER NO OBLIGATION TO FURNISH ELECTRICITY FOR THE BENEFIT Of SAID SLtel; THIS REVISED SLIP RENTAL SHALL BECOME EFFECTIVE ON JANUARY 1, 1956; NowrycN, IF ANY PRESENTLY RENTED SLIP SPACES REFERRED TO ARE NOT CONTINUOO$LY RCNTCu SY LESSEE OR THE $HRIMP FLEET, THEN THE CITY 15 RE- LEASED HL--RtFROk A$ TO EACIi SUCH SLIP NO LONGER RENTED. 5- THAT THE LLSSLL *tAs aitmvro To rmr ctTy or CORPUS Ciiltisirt, TEXAS 9Y A DEED i>ATCT THE 21sy DAY or' txcEmsFR, 1955, cowtyiN(. Amo TRANSFERRING Tc, THE 1'ITY OF CORP04 '-t-tn;STI FOLL TITLE th THE allILDIXr. NOW LOCATED ON THE LEASED PkCMISIZ4, 5UT EXCEPTING THEREFROM, FURNITURE, FIXTURES, EQUIPMENT AND PAOCE3*4NQ AND LESSEE 13 H"CDY OnAkTrfi FULL AUTHORITY TO OCCUPY SAID BUILD114G AND USE CAME t". WITH THE PURPOSES PROVIDED IN THE ORIGINAL LEASE, AS MEROCD, WITHI'JUI Ai4y ADI)tTlChIAL RENTAL OR OTHER FEZ, AND LESSEE ! OVERANTS THAT dL WILL 9AINTAIN IT IN THE SAME CONDiTION IT 15 NOW P1, RCA$ONARLr WEAR AAA TEAR, ZA$jALTY AND THE ELEMENTS EXCEPTED, FOR Twc RCMAiNarR Of THE TERM OF THIS LEASE. LcssEz A,"SNEES TO 4CCEPT THE; PREAfSEI� IN THE CON'DITION IN ?HICH THEY NOW ARL AND ACC,'-,-PT5 THE RLSP9UN$16ILITY Of THE C-04aITION OF THE IMPROVEMENTS, WHICH LESSEE WAS THE OPTION or INSTALLING VNDEQ THE TEM43 OF THIS LEASE. 17 lz-i fi;RTHER AGREED THAT LEIIUC, Al LC34WS COSY, 14ILL KEEP THE 1IUILDIf4G OiISUOED FOR RISKS or rsnt m EXTEUDE.0 covERAuE r0R THE BENEFIT Of THE LITY, NAMING THE, CITY IN THE POLICY, WHICH POLICY SHALL SE DELIVERED To THE CITY, iM A COMPANY WHOSE RESPONSIBILITY IS APPROVED BY THE CITYp TO THE EXTENT or THE REASONABLE IOSURAaLE VALUE Of THE PROPCATY, WHICH is AGREED TO FIC AT LEAST Tbl"TV- T 'ouR T;ir ,usA,+D (t24,C=.00) DOLLARS, AS OF THE DATE HEREOF. IN THE EVENT THE IUILOiNO n- PARTIALLY OR COMPLETELY DESTROYED BY FIRE an OTHER CASUALTY COVERED 6Y EXTENDED INSURANCE, THE CITY AGREES TO VISE THE kNSUR"Irg MONEY AVAILABLE AS A RESULT OF SAID LOSS TO RESTORE S410 PREMISES* BUT IN THE EVENT THAT SUCH IN- 30RANCr MONEY SO AVAILABLE IS ABROGATED BY ACTION Or LESSEE AND THE CITY OETER- MINES NOT TO RESTORE $Ala 3UILDING THEN THE CITY MAY AT ITS OPTION TERMINATE THIS LEASE AS PROVIDED 10 THE LAST SENTENCE Of THIS PARAGRAPHp OR THE CITY MAY USE SUCH iNSURAOCE MONEY AVAILABLE AND SUCH OTHER ruNas AS MAY OE NECESSARY TO RESTORE SAID aUtLD;11K ANN, CONTINUE SAID LEASE RENTAt. A4RE&MCNI, ADDING To THE TERM THEREOF THE PERIOD 01' TAKEN FOR SUCH REPAIRINIG OR REBUILDING Or SAID OUtLDSNO. IN THE EVENT 1.4:53EC is UNAaLE DURING SUCH RESTORATION To COUVENIERTLY USE ALL OR PART OF THE 3Ul1,0ING FOR THE PORPOSC3 FOR WHICH IT WAS BEING USED AT THE TIME Or SUCH FIRE OR OTHER CASUALTY, THE RENTAL SHALL BE ABATED FOR sucm PERIOD, On ADJUSTED AcCOROIN3 To THE NATURE AND EXTENT Or THE INJURY- IF THE CITY ELECTS TO TERMI- NATE" THIS LEASE PURSUANT To THE OPTIO" GRANTED ABOVE& IT MUST PAi,*O HeRtmon HUNDRED DOLLARS ($100.00) PER MONTH FOR THE REMAINING MONTHS OF THE FULL TERM OF THIS LEASE, GUT OF THE INSURANCE PROCEEDS COLLECTED PLUS THE PROPOR- TIONATE SHARE OF THE CITY OF CORPUS CHRISTI AD VALOREM TAXES ON THE BUILDING, BASED UPON THE TAXES PAID TO THE CITY FOR THE YEAR 1955, WHICH WOULD HAVE ACCRUED HAD HERNDON MARINE PRODUCTS, INC., OWNED THE SAID BUILDING, UNDAMAGED, DURING THE REMAINOER OF THE FULL TERM OF SAID LEASE. 6. THE LESSEE AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY OF CORPUS CHRIST$ AGAINST ANY EXPENSE, CLAIM$ OR DEMANDS FOR THE DEATH OR INJURY Of ANY PERSON OR LOS'S, DESTRUCTION OR DAMAGE TO PROPERTY OCCASIONED BY THE OPERATION OF THE LEASED PROPERTY UNOER SAID LEASE. 7. SAID ORIGINAL LEASE AS HERETOFORE AMENDED, AND AS HERE AMENDED, SHALL CONTINUE IN FULL FORCE AND EFFECT DURING THE BALANCE OF THE TERM HEREOF ENDING JANUARY 1, 1961. WITNESS OUR HANDS, THIS DAY OF , 19 ATTEST; CITY SECRETARY APPROVED AS TO LEGAL FORM DECEMBER 1955' ITV ATTORNEY ATTEST: SECRETARY CITY OF CORPUS CHRIST!, TEXAS, LESSOR 6Y RUSSELL E. MCCLURE, CITY MANAGER HERNDON MARINE PRODUCTS, INC., LESSEE BY RESIDENT -3- Corpn�,Ahristi, Texas 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 thr.Charter rule or requirement that no ordinance or resolution shall he 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter Rule was suspended by the following vote: The above ordinance was passed by the following vote: Farrell D. Smith 01� Farrell D. Smith '___ Minor Cullic=1' -L.- W. J. Roberts C B. E. Bigler m� r.. Manuel P. Maldonado - �1""'- The above ordinance was passed by the following vote: Farrell D. Smith -I il'L,. Minor Culli W. J. Roberts -L.- B, E. Bigler,r_ Manuel P, MaldonadoP yya�