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Home My WebLink About04533 ORD - 05/16/1956AG:5/14/56 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND- -LEASE AGREEMENT CONSTITUTING A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY WITH ELP4ER E. DAMS, LEASING TO THE SAID ELMER E. DAVIS THE WEST 42.701 OF THE EAST 57.7 OF LOTS 11 & 12, 300CK 13, 3EACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS AND CON- DITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREE - INENT, A COPY OF WHICH 13 ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED 3Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SEi,IIUl 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, WHICH SHALL COHSTITUTC A, MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY, WITH ELMER E. DAVIS, LEASING TO THE SAID ELMER E. DAVIS THE WEST 42.7"1 OF THE EAST 51.701 OF LOTS 11 & 12, BLOCK C)3, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPT OF WHICH IS ATTACHED HERETO AND FIADE A PART HEREOF. SECTION 2. THE NECESSITY FOR ENTERING INTO THE CONTRACT AND LEASE AGREEMENT DESCRIBED III SECTION 1 HEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PRO - VID114G THAT NC ORDINANCE 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 I °IAYOR, HAVING DECLARED SUCH EMER- GENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE SE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT 13 ACCO J I VIGLY SO ORDAINED. PASSED AMID APPROVED, THIS THE _JJJ�DAY OF I'dAY, 1956. ATTES CITY SEC ^n TAR APPPOVED AS ail QTO LEGAL FORH 4Y1 ° - CITY'ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS q633 AC a5/14/56 CSNITRACT AND LEASE AGREEMENT THE STATE OF TEXAS !SNOW ALL MEN BY THESE PRESENTSs COUNTY OF NUECES THIS CONTRACT AND LEASE AGREEMENT, MADE AND ENTERED INTO THIS DAY OF MAY, 1956, 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 ELMER E. DAVIS, OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED PARTY OF THE SECOND PART ", NITNESSETH: THAT FOR AND IN CONSIDERATION OF THE COVENANTS AND AGREEMENTS HEREIN CONTAINED AND SUBJECT TO THE PROVISIONS HEREBY, THE PARTY OF THE FIRST PART DOES HEREBY LEASE AND DEMISE UNTO THE PARTY OF THE .SECOND PART THE FOLLOWING LANDS AND PREMISES= THE WEST 42.718' OF THE EAST 57.78' of LOTS 11 A 12, BLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS THE SAME IS SHOWN ON A PLAT RECORDED IN THE OFFICE OF THE COUNTY CLERK DF NUECES COUNTY, TEXAS. I THE RENTAL FOR SAID PROPERTY SHALL BE ONE HUNDRED DOLLARS ($100.00) PER YEAR PAYABLE IN TWELVE (12) MONTHLY INSTALLMENTS OF EIGHT DOLLARS AND THIRTY - THREE CENTS (48.33) EACH PAYABLE ON OR BEFORE THE FIRST DAY OF EACH MONTH IN ADVANCE. THE TERM OF THIS LEASE. SHALL BE FOR ONE (1) YEAR TO COMMENCE AND BEGIN ON APRIL 1, 1956, AND END MARCH 31, 1957s AND SHALL SE RENEWABLE ON A YEAR TO YEAR BASIS THEREAFTER BY THE MUTUAL AGREEMENT OF THE PARTIES HERETO, III IT IS FURTHER EXPRESSLY COVENANTED AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THE PARTY OF THE FIRST PART SHALL HAVE THE PRIVILEGE AND RIGHT TO TERMINATE THIS LEASE AT ANY TIME DURING ITS TERM ON GIVING THE PARTY OF THE SECOND PART THIRTY (30) DAYS WRITTEN NOTICE TO VACATE SAID LEASED PRE - WISES AND ON THE EXPIRATION OF SAID THIRTY (30) DAY PERIOD THE PARTY OF THE FIRST PART SHALL HAVE THE RIGHT TO ENTER INTO AND UPON AND REPOSSESS SAID PREMISES TO THE COMPLETE EXCLUSION Of THE PARTY OF THE SECOND PART AND SAID PARTY OF THE SECOND PART SHALL MAKE NO FURTHER DEMAND OR CLAIM OF ANY KIND AGAINST THE PARTY OF THE FIRST PART RESULTING FROM OR GROWING OUT OF THE TERMS OF THE PRO- VISIONS Of THIS LEASE AGREEMENT. IV THE PROPERTY LEASED HEREIN TO THE PARTY OF THE SECOND PART IS TO BE USED FOR THE SOLE AND EXCLUSIVE PURPOSE AS A PARKING LOT. V THE PARTY OF THE SECOND PART SHALL NOT ERECT ANY STRUCTURE OR IM- PROVEMENTS DF ANY KIND ON SAID PROPERTY UNLESS THE WRITTEN CONSENT OF THE PARTY OF THE FIRST PART 15 OBTAINED PRIOR TO THE BEGINNING OF SUCH CONSTRUCTION. IN THE EVENT SUCH CONSENT IS OBTAINED PLANS FOR SUCH CONSTRUCTION OR IMPROVE- MENTS MUST BE SUBMITTED TO THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI, TEXAS$ FOR HIS APPROVAL AND SUCH CONSTRUCTION OR IMPROVEMENTS SHALL BE ERECTED IN CONFORMITY, IN ALL RESPECTS, TO THE PLANS AND SPECIFICATIONS APPROVED BY SAID DIRECTOR OF PUBLIC WORKS, IT IS FURTHER AGREED THAT NO FENCE OR OTHER IMPROVEMENTS SHALL BE PLACED THEREON BY THE CITY. Vi IT IS FURTHER EXPRESSLY AGREED THAT ANY STRUCTURE OR IMPROVEMENTS ERECTED ON SAID PREMISES SHALL ON THE TERMINATION OF THIS LEASE FOR ANY CAUSE BECOME IN ALL RESPECTS THE PROPERTY OF THE PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART SHALL HAVE NO CLAIM OR RIGHT OF ANY KIND AGAINST THE PARTY OF THE FIRST PART FOR SAID STRUCTURES OR IMPROVEMENTS OR THE VALUE OF SAME. VII THE PARTY OF THE .SECOND PART SHALL PROVIDE SUITABLE SIGNS INDI- CATING THAT THE PREMISES ARE OPERATED BY THE PARTY OF THE SECOND PART AS A PART OF HIS BUSINESS AND NOT BY THE PARTY OF THE FIRST PART. Viil THAT THE PARTY OF THE SECOND PART SHALL PROMPTLY EXECUTE AND FUL- FILL ALL THE ORDINANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES AND ALL ORDERS AND REQUIREMENTS IMPOSED 3Y THE HEALTH DEPARTMENT, SANITARY DEPART- MENT, 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. _`Z.. Ix THAT IT IS UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THIS CONTRACT AND LEASE 18 NOT ASSIGNABLE IN WHOLE OR PART AND THAT THE PARTY OF THE SECOND PART SHALL NAVE NO RIGHT OR ,AUTHORITY TO SUB -LET THE PRE- MISS OR ANY PART THEREOF AND THAT ANY ATTEMPT TO 80 DO WILL BE GROUNDS FOR TERMINATION OF THIS LEASE BY PARTY OF THE FIRST PART. x THE PARTY OF THE SECOND PART SHALL KEEP SAID PREMISES IN A CLEAN AND NEAT CONDITION AND SHALL TAKE GOOD CARE OF THE PROPERTY AND AT THE END OF THE TERM OF THIS LEASE OR ON ITS BEING TERMINATED AS PROVIDED HEREIN, THE PARTY OF THE SECOND PART SHALL DELIVER UP THE DEMISED PREMISES IN GOOD ORDER AND CONDITION, NATURAL WEAR AND TEAR AHO DAMAGES BY THE ELEMENTS ONLY EXCEPTED. X1 THE PARTY OP THE SECOND PART STIPULATES AND AORE£S TO HOLD HARMLESS AND DEFEND THE PARTY OF THE FIRST PART AGAINST ANY HURT,, INJURY, CLAIM OR DAMAGE TO PERSONS OR PROPERTY WHICH OCCURS OR ARISES ON SAID DEMISES PROPERTY DURING THE TERM Of THIS LEASE AGREEMENT. x11 THE PARTY OF THE SECOND PART STIPULATES AHD AGREES THAT NE WILL NOT REPRESENT, COMMIT OR INVOLVE IN ANY WAY SAID REMISED PROPERTY AS HIS OWN OR AS THE BASIS OF OR SECURITY FOR ANY DEBTS, LIABILITIES OR OBLIGATIONS ASSERTED AGAINST HIM, OBTAINED OR UNDERTAKEN IN HIS OWN BEHALF. Mill THAT IN CASE OF DEFAULT IN ANY OF THE AFORESAID COVENANTS, THE PARTY OF THE FIRST PART MAY ENFORCE A PERFORMANCE THEREOF IN ANY MANNER PROVIDED BY LAW AND MAY DECLARE THE LEASE FORFEITED AND AT ITS DISCRETION THE PARTY OF THE FIRST PART, ITS AGENT, EMPLOYEE OR ATTORNEY SHALL NAVE THE RIGHT WITHOUT FURTHER NOTICE OR DEMAND TO REOENTER SAID PREMISES AND REMOVE ALL PERSONS THEREFROM WITHOUT BEING GUILTY IN 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 RESUME POSSESSION OF THE PREMISES AND RE -LET THE SAME FOR THE REMAINDER Of THE TERM AT THE BEST RENTAL THEY MAY OBTAIN AND HOLD THE PA*ry OF THE SECOND PART LIABLE FOR ANY DEFICIFUCIIES THAT OCCUR THEREFROM; AND THE PARTY OF THE FIRST PART SHALL HAVE A LIEN AS SECURITY FOR THE RENTAL AFORESAID UPON ALL CHATTELS, IMPLEMENTS, TOOLS AND OTHER PERSONAL PROPERTY WHICH MAY BE PUT ON SAID DEMISED PROPERTY. -3- x1v IT IS HEREBY EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO, THAT NQ'WITHSTANDING THE TERMS, PHRASEOLOGY AND CONTENT OF THIS INSTRUMENT, THAT THIS INSTRUMENT SHALL CONSTITUTE THE GRANTING BY THE PARTY OF THE FIRST PART TO THE PARTY OF THE SECOND PART A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY. WITNESSETH THE HANDS OF THE PARTIES HERETO THIS THE DAY OF MAY, 1956. ATTEST# rITY SECRETARY AWOM AS TO LEGAL FORM wL A - ,19561 ITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS By RUSSELL E. NCCLURE, CITY MANAGER PARTY OF THE FIRST PART ELM£R E. DAVIS P-11! CORPUS Cr ISTI, TEXAS / 1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CH- RISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCEy A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION 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: 1, THEREFORE, HERESY 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, 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 (� MINOR CULL] W. J. ROBERTS B. E. BIGLER?. MANUEL P. MALDONADO llfi,f 4�, --S 3 FARi3ELl D. SMITH l MINOR CULLI W. J. ROBERTS B. E. BIGLER M1 ":A NUEL P. MALDGNADG -Zda s "`. g. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH (� MINOR CULL] W. J. ROBERTS B. E. BIGLER?. MANUEL P. MALDONADO llfi,f 4�, --S 3