The URL can be used to link to this page

Home My WebLink About04476 ORD - 03/07/195633 - 1/25/56 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS TO EXECUTE AN AMENDMENT TO A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND HERNDON MARINE PRODUCTS, INC., ORIGINALLY GRANTED TO G. E. VALENTINE, DATED AUGUST 22, 1939, FOR THE PERIOD FROM JANUARY 1, 1940 TO JANUARY 1, 1961 AND COVERING A PORTION OF THE BAYFRONT PROPERTY FORMING A PART OF THE APPROACH TO THE CITY L -HEAD WHEREAS, it is deemed advisable that the existing Lease Agreement between the City of Corpus Christi and Herndon Marine Products, Inc., covering a portion of the Bayfront property forming a part of the approach to the City L -Head be amended: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager is hereby auth- orized and directed, for and on behalf of the City of Corpus Christi, Texas, to execute an Amendment to a Lease Agreement between the City of Corpus Christi and Herndon Marine Products, Inc., the lease having been originally granted to G. E. Valen- tine, dated August 22, 1939, for the period January 1, 1940 to January 1, 1961, and covering a portion of the bayfront property forming a part of the approach to the City L -Head; a copy of which Amendment is attached hereto, to -wit: 4y__� TRZ 3TATE OF TEIA'� ':"w:1Uny Cr NUEC.'o WuEnAs, Herndon - iarire Products, Inc., is the present owner of ro lease granted to G. B. Valentine, dated August 22, 1939, covering the period of January 1, 1940 to January 1, 1961, concerning a portion of the bayfront Property forming a part of the approaCh to the City 1-Head, as described in said lease, And has requested said lease be amended: NOW XNO'd A'4, MU BY THE Pa".-sEVTO: Th;-t the Lessor, city of torn�zs jhriati, Texas, And the Lessee, Herndon N�arine Products, Inc., do hereby amend the Lease ,'gree- ment so that: 1. The rental for said property for the Period January 1, 1956, to JInuary 1., 1961, shall be a monthly rental of Three Hundred 'twenty -Five Dollars (17325.00) per month, paya- ble =T) or before the Ist Ony of (!.-,;cb month in spid period, which rental shall cover the use of the land rand all Improve- ments 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 ?ublic Works of the City of jorpus Christi, and the action of the said Director in this regard must be reas- ornble sad In accordance wJtb valid applicable ordinances now effective, The tanks shall be installed and maintsired by Lessee in accordance with the regulations of the Fire Code of the .'ity of Corpus Christi, Texas, land Lessee is here granted full authority to use said fuel storage and service facilities, with- out additional, charge, for the remRinder of the term of this lease; but it is understood that said tanks shall belong to and become the property of the iAty of Jorpus Christi, Texas, at the time of the termination of the least. 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, shall be re- duced to the basis of one cent per foot per boat per day, rentable thirty (30) days at a time and payable per calendar month, but the City is under no obligation to furnish electri- city for the benefit of said slips; this revised slip rental shall become effective on January 1, 1956; however, if any presently rented slip spaces referred to are not continuously rented by Lessee or the shrimp fleet, then the City is released herefrom as to each such slip no longer rented. 5. That the Losses has granted to the City of Corpus Christi, 'Texas by a deed dated the 21st day of Locember, 1955, conveying and transferring to the 'City of Corpus Christi full title in the building now located on the leased premises, but excepting therefrom furniture, fixtures, equipment and process- ing machinery, and Lessee is hereby granted full authority to occupy said building and use same in accordance with the purposes provided in the original lease, as amended, without any addi- tional rental or other fee, and Lessee covenants that he will maintain it in the same condition it is now in, reasonable wear and tear, casualty and the elements excepted, for the remainder of the term of this lease. Lessee agrees to accept the premises in the condition in which they now are and accepts the responsi- bility of the condition of the improvements, which Lessee has the option of installing under the terms of this lease. It is further agreed that Lessee, at Lessee's cost, will keep the building insured for risks of fire and extended coverage for the benefit of the City, naming the City in the policy, which policy shall be delivered to the City, in a company whose responsibility is approved by the City, to the extent of the reasonable insurable value of the property, which is agreed to be at least Twenty -four Thousand Dollars ($24,000.00), as of the date hereof. In the event the building be partially or completely destroyed by fire or other casualty covered by extended insurance, the City agrees to use the insurance money available as a result of said loss to restore said promises, but in the event that such insurance money to available is abrogated by action of Lessee and the City deter- mines not to restore said building then the City may at its option terminate this lease as provided in the lost sentence of this paragraph, or the City may use such insurance money available and such other funds as may be necessary to restore said building and continue said lease rental agreement, adding to the term thereof the period of time taken for such repairing or rebuilding of said building. In the event Lessee is unable during such restoration to conveniently use all or part of the building for the purposes for which it was being used at the time of such fire or other casualty, the rental shall be abated for such period, or adjusted according to the nature and extent of the injury. If the city elects to terminate this lease pursuant to the option granted above, it must pay to Herndon Marine Products, Inc., a lump sum equal to One Hundred Dollars ($100.00), per month for the remaining months of the full term of this lease, out of the insurance proceeds collected plus the proportionate 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 urine Products, Inc., owned the said building, undamaged, during the remainder of the full term of said lease. b. The Losses agrees to indemnify and save harmless the City of Corpus Christi against any expense, claims or _3- demands for the death or injury of any person or loss, des- truction or damage to property occasioned by the operation of the leased property under 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 , 1956. ATTR3T : City aeeretary APPROVED AS TO LEGAL FORM, January , 1956; CITT ATTORM. ATTEST: Secretary CITY OF CORPUS CHRISTI, TEXAS, LESSOR By Ruse 4. Ficvlure, Jity pager HERNDON MARINE PRODUCTS, INC., LESSEE By PFo-sident Section 2. That this ordinance and the Amendment to the Lease Agreement here authorized shall become effective after its passage on third reading thereof and publication thereof as required by Charter and the execution thereof by Herndon Marine Products, Inc., through its President, Sydney E. Herndon. Section 3. That the foregoing ordinance was read for the first time d assed to its second reading on this the, day of , 1956, by the following vote: FARRELL D. SMITH 'Lo MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO That the foregoing ordinane (V was read for the second time d assed to its third reading, on this the D day of 1956, by the following vote: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO / That the foregoing ordinance was 4ead fo the thir time and passed finally on this the Z day of 1956, by the following vote: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P.MALDONADO PASSED AND APPROVED this the f day of 1956. ATTEST City Sec e ry APPROVED TO LE j ,bRM The :E day of �, 1956: 14-1�17 J— City Attdrney MAYOR, CITY OF CORPUS CHRISTI, TEXAS