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Home My WebLink About04785 ORD - 04/20/1957MEM :4/23/57 TEXAS: AN ORDINANCE . AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON B HALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT CONSTITUTING A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY WITH MRS. J. W. HUNNICUTT, LEASING TO THE SAID RS-J. W. HUNNI UTT THE AST 151 OF LOTS 11 & 12 AND ALL OF LOT 2, BED K 93, BEACH ADDITION T0 THE CITY OF RP R f COUNTY, NUELES TEXAS, FOR AND IN GONSIDERATIO THE TERMS AND CONDITIONS AS SET FORTH IN THE .CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR AN EFE.ECI:tVE.DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIR- ECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT, WHICH SHALL CONSTITUTE A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY, WITH MRS. J. W. HUNNICUTT, LEASING TO THE SAID MRS. J. W. HUNNICUTT THE EAST 151 OF LOTS 11 AND 12 AND ALL OF LOT 2, BLOCK 93, 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 AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR ENTERING INTO THE CONTRACT AND LEASE AGREEMENT DESCRIBED IN SECTION 1 HEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT NO 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 MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT 15 ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE _&LDAY OF °,. ^ %j, ,, 1957. ATTE 7;`, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETA APPROVED AS TO LEGAL FORM APRIL 1957: CITY ATTORNE UEM.# /Z2/57 LONTEACT AM Luse & EPIEITT THE STATE OF TUAS 0 4 KNOW ALL PEN BY THESE PRESENTS, CUSITY F mucc S (0 TRIS CONTRACT A14D LEASE AMEEMLNT. RADE AND ENTERED INTO THis BAY of 143 ?. NT AND DETMEIM TOE CITY DF C"PUS (.MISTI. Tams, A mmi iPAt CORPORATION. ACTING SY AND THROUGH ITS DULY AUTNORIZLD CITY MANAGCR. RUSSELL L. MCCLU*C, HEREINAFTER CALLED °f ARTY OF THE FIRST PART". AND FRS. J. W. NUHNiCuTT, OF IVUECES COUNTY, TCxAS. HEREINAFTER CALL- ED *PARTY OF TUC SECOND PART". W 1 T IN L $ � L T I i THAT FOR AND IN CONSIDERATION Or THE COVENANTS AND ASACAULNTS HEREIN CONTAINED AND SUBJECT TO THE PROVISIONS HERESY. TUC PARTY OF INS FIRST PART DOGS HEREBY LEASE AND DENISE LRITG THE PARTY OF THE SECOND PART THE FQL� LOWING LANDS AND PREMISES: THE LAST 15. Of LOTS 11 6 iii AND ALL OF LOT 2. BLOCK 93. BEACH ADDITION T9 THE CITY OF CORPUi CIRIiSTI. P6UECES CoutATY. TExAB. AS THE SAME IS SHOUN ON A PLAT ACCORDED IN INC OFFICE or THE CouRTY CLERIC OF I3UELgs CaLwTY. TEXAS. THE RENTAL FOR SAID PROPERTY SHALL ME 11FtY DOLLARS ($50.00) PER YEAR PAYABLE IN TWELVE (22) MONTHLY WSTALL149"S OF FOUR DOL.LANS AND SEVENTEE14 (,CUTS ($1{.17) EACH PAVASLE ON OR BEFORE THE FIRST DAY Of EACH HONTH IN ADVANCE. II THE TERN OF THis LEASE SHALL DE FOR ONE (3) YEAR To vowlsNCgMD DEr.im ON APRIL i. 2937, AND END MARCH 31. 19%. AND SHALL DE RPKVADLC ON A YEAR TO WEAR UASI$ THERCAFTLW GY TO& MUTUAL AGREC"ENT OF INC PARTIES HERCIO. Im IT IS FURTHER EXPRESSLY COVENANTED AHD AGREED BY AMD SETNEtN THE PANTIES HERETO THAT INC PARTY OF THE FIRST PART SHALL HAVE THC PRIVILEGE AND RIGHT 10 TERMINATE THIS LEASE AT ANY TIME DURING. ITS TERM 09 GIVING THE PARTY OF TIFF SWONO PART THIRTY (30) DAYS WRITTEN NOTICE TO VACATE SAID LEASED PREMiS$S AND ON THE EXPIRATION OF SAID THIRTY (30) DAY PERIOD T14C "'ARTY OF THE l"IRST PART SMALL HAVE THE RIGHT TO ENTER IHTC AND UPON AND REPOSSESS SAID PREMISEb TO THE COMPLETE EXCLUSION Of THE PARTY Of THE SECOND PART AND SAID PARTY OF THE SECOND PART SHALL MARL no FURTHER DEMAND OR CLAIM Of ANY KIND AGAINST THE PARTY Of THE FIRST PART RESULTlH6 FRGM OR GROWING OUT OF THE TERMS OF THE PROVISIONS Of THIS LEASE AGREEMENT. IV THE PROPERTY LEAS" HERLIN TO THE PARTY Of THE SECOND PART i8 TO SE USED FOR THE BOLE AMP EXCLUSIVE PURPOSE AS A PARKING LOT. V THE PARTY OF THE SECOND PART SMALL. NOT ENICT AMY STRUCTURES OR iNPROYI:MENTB OF ANY RIND ON "SO PROPERTY UNLESS THE WRITTEN CONSENT OF THE VARTY OF INC FIRST PART IS OCTAINKD PRIOR TO THE SEf.INNINe OP SUCH CONI;TRUC- TiJH. iN THE INVENT SUCH CONBBdIT i8 OBTAINED PLANS FOR SUCH CONSTRUCTION OR IMPiOv"IENTS "UST BE SUBMITTED TO TH6 DIRECTOR OF PUBLIC WORKS OF THE CITY ELF 6,ONPUB WMISTI. TEXAS, FOR HIM, APPROVAL AND SUCH CONSTRUCTION OR IIA. PR+)VEMENTS SHALL OL ERECTED IN CiONFORtANTY.. IN ALL RESPECTS. TO INC PLANS AND SPLtlr$CATiOHB APPROVED IW SAID DimaCTOR or PIISLiC WORKS. IT IS FURTHER AGREED THAT HC FENCE 09 OTHER lmPROV£MrNTS SMALL BE PLACED THEREON MY THE CITY. V! IT is FURTHER EXPRESSLY A4REE0 THAT ANY STRUCTURE go IMPROVE - NEWTS ERECTEII ON SAID PREMISES SMALL ON THE TERMINATION Of THIS LEASE FOR ARV CAUSE BtCOIIE OR ALL RESPECTS THE PROPERTY OF THE PARTY OF THE FIRST PART AND THE PARTY Of THE SEtORD PART SMALL "AVE NO CLAIM ON RIGHT OF ANY KIND AGAINST THE PARTY of THE F IRlIT PART FOR SAID SiTRUCTUNSS OR 1IIPROVgWNT3 OR TWIG VALUE 4F SAME. VII TUC PARTY Of THE $ECOMA PART SMALL PROVIDE SUiTASLC SIGNS INDI- CATING THAT THE PREMISES ARE OPERATED BY THE PARTY OF THE SECOND PART AS A PART of HIS BUSINESS AND HOT MY THE PARTY OF THE FIRST PART. Vlll THAT THE PARTY OF THE SECOND PART SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDINANCES OF THE CITV OF l.+QRPUS CHRSBTI APPLICABLE TO EAiD - 2 - PREN19C$ AND ALL 0*0906 AND REQUIRENEHTA ISIPOSED BY THE 14LALTH VEPARTHENT, .SANITARY V9PARTNEIIT, AND POLICE DILPANTHB.NT F09 THE CORRECTION. pRE11ENT10N AND ASSATMIlT OF #UTAANCAS IN, UPON. OR CONNECTER WITH SAID P46MISES OUR. ING THE TERN OF THIS LEASE AT HI$ OWN EXPENLZE. I THAT IT 14 UNDERSTOOD AND AORCLO BY AND DEYVECR TUC PARTIES HCRrT0 THAT THIS CafrfRACT ARD LEASE 15 NOT ASSIGNABLE IN VHOLE OR PART AND THAT THE PARTY OF THE SECOND PART SHALL. HAVE NO NIGHT OR AUTHORITY TO SUB- LET TNS P9EHISC4 OR ANY PART THEREOF AND THAT ANY ATTCNPT TO $0 00 WIL.1. SSE GROUNDS FOR TERNIRATION OF THIS LEASE BY PARTY Of THE rlRST PART. X THE PARTY OF THE SECOND PART 'SHALL KEEP SAID PRENtAES IH A CLEAR AND MEAT CONDITION AND SHALL TAKSC GOUO CARE OF THE PROPSIITV AAfl. AT TUC IIND OF THE TERN OF THIS LASE OR OR ITS BEING TERNINATCD AS PROVtOED HEREJW, THE PARTY OF TUC SECOND PA97 SHALL DELIVER UP THE OENISM PR6NISES IN GOOD ORDER ANTI CONDITION, NATURAL Voa ARD TEAS AND DARIACES BY THE $LENENT4 ONLY CXCEPT69. Xf TLIE PARTY OF THE SECOND PART STIPULATES AND AOREES TO HOLD ISA9N- LES& AND DEFEND THE PARTY OF THE PIROT PART AGAINST ANT HURT, IR.SURY. CLAIM OR DAMAGE TO PERSONS ON PROPERTY WHICH OCCURS UR At,$CS ON SAID DEMISED PRO- PERTY DURING THE TERM Of THIS LEASE AGREEHCHT. x1l THE PARTY OF THE SECOND PART STIPULATES AN9 ASREES THAT HE WILL Rol 9CPRES9N14 COMMIT OR 1NVOLYE tN ANY WAY AA14 SI'EH1 /6D PROPERTY A9 Nis OWN on AS THE 9A419 OF 00 SECURITY FOR ANY DEBTS. LIABILITIES OR OBLIGATIONS ASSERT- La AGAINST HIM, OBTAINED OR UNDERTAKER IN HIS OWN BEHALF. x1li THAT IN CASE OF DEFAULT IN ANY tar THE AFORESAID COVENANTS. THE PARTY OF THE VIR[T PART HAY ENFORCE A PCRFO9NAHCC THCRCOr IN ANY ISARNI.R pROVIDE9 M3.. DY LAW AND NAY DECLARE THE LEASE FORF91TED AND AT ITS DISCRETION THE PARTY OF THE ' +'11461 DART. ITS A09*7. EMPLOYEE OR ATTORNEY SHALL HAVE THE 1116HT WITHOUT FURTHEa NOTICE OR DEMAND TO RE -CRT6R SAID PREMISES AND iREHOYE ALL PERSONS THCREFRON WITHOUT NLING GUILTY IN ANY MANNER OF TRCSPASS ANO WITH- OUT PREJUDICE TO ANY RENENY FOR ARREARS OF RC11T OR BREACH OF COVENANT, OR TNL PARTY OF THE f IR6T PART. ITS AGLNTw AND EHPLOVEL5 MAY RESUME FGS&frr- SOON OF THE PRCNISES AND Rt-LgT THE UME FAR THE REMIND" OF THE TERM AT THE BEST RENTAL YMV HAY OBTAIN AND HOLD THE PARTY Of THE SECOND PART LIA+- RILE FOR ANY DEFICIENCIES THAT OCCUR THGREFRUN; AND THE PARTY OF THE FIRST PART SHALL NAVE A LIEN AS SECURITY FOR THE RENTAL AFOALSAIB UPON ALL C"TTEL34 IMPLE"AffS, TOOLS AND OTHER PER'JONAL PROPFJtTV W141CH MAY BE PUT ON SAID DENJSED PROPERTY. XW IT IS HEREBY MWRE5SLY UNDMSTOOV AND AGII"P BY THE PAUTICS HERETO. THAT NOTWITHSTANDING THE T8Nt18. PRARSCOLMY A140 CONTENT OF THIS IMSTRURCUT, THAT THIS 1RSTRU/IENT SHALL CONSTITUTE THE GRANTING. BY THE PARTY OF THE f IRST PART TO THE PARTY or THE SECOHO PART A NIUNTNLV USE PRJVILIME OF A PUBLIC FACILITY. 111TUMSETH ME HANDS OF TtIE PARTIES HERETO THIS TH6 DAY OF APRIL= 1957. THE CITY 01° CORM E19t 1ST f, TLUS L'Y ATTEST- RUssELL E. McCLumc, Ctvv WiNaAmn FARTY or THE FIRST PART GITV t:RETARY AP OVLL P,5 T " LEGAL FoPm APRIL . 19571 +-ITY ATTORNEY MRIi. �. Ii. LgMltcRm CORPUS CHRISTI, TEXAS 1 ,1957 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 COUNCILS 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND S41D CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAY THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED; FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO, t.. CHARLIE J. RILLS ARTHUR R. JAMES ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLE; FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CL CHARLIE J. AILLS ARTHUR R. JAMES / ODELL INGLE 475