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Home My WebLink About05298 ORD - 03/25/1959JKH:3 -18 -59 • r 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 CONSTITUT- ING A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY WITH MRS. J.W. HUNNICUTT LEASING TO THE SAID MRS. J. W. HUNNICUTT THE EAST 5' OF LOTS 11 & 12 AND ALL OF LOT 2, BLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF 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 EFFECTIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 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, 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 15' OF LOTS 11 AND 12 AND ALL OF LOT 2, BLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID LEASE TO BE FOR THE TERM OF ONE (1) YEAR TO COMMENCE AND BEGIN ON APRIL 1, 195% AND END ON MARCH 31, 1960, 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 HAV- ING 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 J Z 7- da I IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE ZJ DAY OF 1959• ATTEST: I "/C., CITY SECRET Y I / APPROVED AS TO LEGAL FORM THIS THE 18TH DAY OF MARCH, 1959: CITY ATTORNEY ■ MAYOR THE CITY OF CORPUS CHRISTI, TEXAS • ., 'JKH:,j— 211 -59 - a - , - _ - • , " Ps . � � - �: i t '' •.aka p' .F s5� y ^:. "• � - .i �. at=f.. ,•k PfP -� -� _ I'. 'S � i 4 .4— a�'Y �. 'i �i � Z• }��` LL� - � ,« , s - r ` GONTRACT-•AND LEASE AGOEEMENT i ' THE' STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:' �" w COUNTY - OF • NUECES `r . THIS CDNTRACT'Aj�D lEASE-AGREEMENT, MADE AND ENTERED INTO THIS - DAY OF ' y 195�b BY.AND,BETWEEN THE'CITY^OP CO�PUS CHRISTIp•TEXAS' ,wa A MUNICIWAI CORPORATION, ACTING BY AND,THR000H ITS DULY aAUTHORI ZED 'Cl TY MANAGER', - ' HEREINAFTER CALLE D •IIPARTy- OE-THE FIRST PART "p'ANp MRS'. J. W. HUNNICUTT, OF+ _ •, NUECES, COUNTY TEXAS, HERE I NAFTER 'CALLED nPARTY DF- ?NE 'SECOND PART W'I' TIN ,E S S E T H__ Ii THAT j4FOR AND IN CONSIDERATION •OF THE COVENANTS AND AG(jEMEN7Sn HERE tN '�- "CONTAINED,AND SUBJECT TO THE PROVISIONS•HEREBY�. THE PARTY OF THE FIRST PART ' AN DEMISE'UNTO THE PARTY OF,THE SECOND PART THE,FOLLOWING DOEB'HEREBY,LEASE. D d LAND AND PREMISES. s„ •* •... 'Y . . « *' •- ,. - ''"• , .. a THE EAST 15i OF LOTS 11 AND 12 -AND ALL OF LOT 2, BLOCK 93� BEACH ,ADDITION'TO THE CITY OF�CORPUS CHRISTI; NUECES GOUNFY� TEXAS AS THE SRME IS SHOWN ON A PLAT RECORDED, IN THE ,OFFICE • - - OF THE, COUNTY CLERK, OF NUECES COUNTYy TEXAS• .',,, F`a- THE RENTAL FOR. 9AID'PRO PERTY SHALL +BE•FIFTY DOLLARS^t50:00) PER_ YEAR- PAYABLE INTWELVE ,�IZ�MONTHLY -I NSTALLMENTS OF FOUR DOLLARS AND SEVENTEEN, " CENTS (;4:17) EACH PAYABLE ON OR BEFORE THE ,FI RST'O AY OF EACH MONTH iN ADVANCE. ' .- '.i ,' ' "" III• •' •. �, � • ,• '..` :' "= , 1 THE TERM OF THIS LEASE SHALL BC FOR ONE (1) YEAR TO COM ®ENCE AND F BEGIN ON APRIL -1,' 1959, AND END MARCH 31, 1960, AND SHALL BE RENEWABLE ON A • "',YEAR 70 YEAR'8A318.THEREAFTEIiBY,THE MUTUAL, AGREEMENT OF THE PARTIES HERETO:,, IT IS FURTHER EXPRESSLY COVENANTED AND AGREED, BY, AND BETWEEN THE .P r PARTIES HERETO •THAT THE PARTY,OF THE FIRST PART SHALL4,HAVE THE PRIVILEGE AND ¢• ^ p _ RIGHT TO TERMI NA7EeTHIS LEASE AT. ANY 71M§ DUPING 'ITS TERM'ON GIV{NG THE PARTY OF THE SECOND PART THIRTY t3Oj DAYS WRITTEN'NOT *CE TO VACATE SAID LEASED r ' • f PREMISES AND ON THE 'E %P'1 RATfON, OF R 100 THE PARTY OF $AID THIRTY•�30) DAY PE , .,tea THE 'FIRST-ART -HAVE •THE, RIGHT TO -ENTER INTO AND UPDN AND 'REP088E38" SAID', .Y 't •, : -t OR£MISEd TO -THE COMPETE EXCLUSION_ OF THEE PARTY OF E ; TH SECOND PART AND, SAI D , ' PARTY,OF THE SECOND PART SHALL MAKE NO FURTHER ,D EMAND OR CLAIM, OF ANY KIND`. • AGAINST THE PARTY .OF 'THE FI,RS7.PART RESULTING "•FROM OR,OROWING OUT OF THE' ', '• ,I TERMS or ;THE PROVISIONS ,OF, THIS "LEASE: AGREEMENT'. `•THE PROPERTY LEASED HEREIN TO THE PARTY OF THE SECOND PART IS TO- .; BE USED FOR THE SOLE AND •EXCLUSIVE PURPOSE ASJA PARKING LOT. n '<' •: ",•.' -, '' ~' f.• THE PARTY OF THE SECOND PART 'SHALL NOT ERECY ANY STRUCTURE OR IM- •. -� - PROVEMENTS OF ANY KIND ON SAID PROPERTY ,UNLESS, THE MRI TTEN CONSENT OF THE • } PARTY, OF THE FIRST P A T 13 OBTAINED PRIOR TO THE' BEGINNING OF SUCH CONSTRUCTIONr`„ '. IN THE EVENT SUCH CONSENT'S OBTAINED PLANS FOR SUCH CONSTRUCTION. OR IMPROVE- I , -MENTS MUST BE SUBMITTED TO THE~'D(RECTOR OF PURL 1C WORKS OF THE CITY OF CORPUS CHRISTI, TEXAS,.FOR HIS ApO,,ROVAL AND SUCH CONSTRUCTION, OR 1MPROVEMEATS SHALL - BE ERECTED IN CONFORMI,TYj IN ALL RESPECTS, TO THE PLANS AND SPECIFICATIONS - ,y ' • APPROVED BY- SAID. DIRECTOR OF PUBLIC WORKS._ IT IS FURTHER AGREED THAT NO '•.~ } • k FENCE OR OTHER IMPROVEMENTS SHALL_BE• PLACEO'THEREON BY THE CITY.° •` IT, I S 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 j,HE SECONDJARTrSHALL HAVE NO CLAIM OR R16HT'OFtANY KINq 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 INDICATING ° THAT THE PREMISES ARE OPERATED SY •THE PARTY OF THE SECOND ,PART AS A•PART OF , HIS BUSINESS AND NOT.BY THE PARTY OF' THE FIRST PART: > •,Y - -Mil - ` - - - "THAT THE PARTY OF THE SECOND PART SHALL PROMPTLY ,EXECUTE AND FULFILL - SL'L.fiHE, ORDINANCES OF THE CITY OF'CORPUS CHRISTI, APPLICABLE TO SAID PREMISES -qND ALLt- ORbER3 AND REQUIREMENTS IMPOSED BY,THE HEACTH- DEPARTMENTa SANITARY' • - • ., DEPARTMENT, AND POLICE DEPARTMENT FOR THE CORRECTION, PREVENTION AND ABATEMEN T_ - OF NU,ISANCE3 IN, UPON, OR C $ONNECTED WITH SAIORREtAISE3 DURING THE TERN OF • THI S LEASE AT H13 OWN EXPENSE:" ° - _ <.. t_• �,�. `i,^ ., z _ ''�f r. - S� � -Fss� .k a , :+ � - T.. �r, 4> R. ,�- 4 - IX y - ? THAT IT 13 UNDERSTOOD AND AGREED BY•AND BETWEEN THE PARTIES HERETO THAT THIS CONTRACT 'AND LEASE IS.NOT, ASSIGNABLE .1 N WHOLE OR PART AND THAT THE' '~PARTY OF THE }SECOND PART`SHALL HAVE NO-RIGHT OR AUTHORITY TO SUB�IET THE PRE = MISESYOR ANY PART THEREOF AIJD'THAT'- ANY „ATTEMPT TO -SO DO WILL BE GROUNDS FOR T£RMINA710N•gF THIS LEASE BYPARTY'OF- THE,FIRST PART. - -`-THE, PARTY OF THE ,SECOND PART SHALL KEEP SAID PREMISES IN A CLEAN AND yy' NEATyCOND FTION '.AND +SHALL; TAKE' GOOD CARE OF,THE PROPERTY +'AND _AT ,THE END OF THE _= TERN `OF THIS 'LEAS E ON ITS BEI NO, TERMI MATED AS PROVIDED HEREI Nei THE PARTY OF THE SECOND-PART SHALL'DELIVER UP THE DEMISED PREMISES:IN GOOD ORDER AND ^- CONDI.T1 -ONE NATURAL WEAR -AND TEAR AND ,DAMAGES BY1 THE `ELEHENTS ONLY EXCEPTED':' _ l # XI # - _TjiE PARTY ,OF „THE,SECONp PART STIPULATES AND AGREES TO HOLD HARMLESS' - - - , _,j 4, AND DEFEND THE PARTY OF THE FIRST PART AGAINST ANY HURTS INJURis. CLAIM OR DAMAGE - - .� TO PERSONS .qR PROPERTY WHICH OCCURS OR ARISES,ON SAID�DEM f'SED PROPERTY DURING F THE TERM OF THI§ LEASE AGREEMENT. -� ' 4 „ X11. ` • -- THE PARTY OF THE SECOND PART STIPULATES AND AGREES THAT. HE "WILL 'NOT ,y - REPRESENT, COMMIT OR INVOLVE IN ANY WAY SAID DEMISED PROPERTY AS HIS OWN OR AS At d THE BASIS OF OR- 'SECUR I TY• FOR ANY DEBTS; LIABILITIES OR OBLIGATIONS 'ASSERTED • , _ .� {AGAIt�13T. HIM OBTAINED OR UNDERTAKEN 1•N., HIS'OWN BEHALF. THAT IN CASE OF DEFAULT IN ANY OF THE AFORESAID COVENANTS TBE• _ -- PARTY OF THE FIRST 'PART MAY ENFORCE; A'PCRFORMANCE THEREOF FIIN ANY MANNER PROVIDED OED- ENFORCE LAW AND MAY DECLARE THE'LEASE FORFEITED AND AT I.TS.DISCRETION THE PARTY OF _ - y- THE 'FI RST PAR7j`ITS 'AGENTI EMPLOYEE ^'OR ATTORNEY SHALL HAVE THE RIGHT WITHOUT , ' ,• FURTHER NOTICE OR OEMAND_TO RE— ENTER SAID PREMISES AND REMOVE ALL PERSONS THERE— ,Y FROM'WITHOUT BEING GUI.LTY IN ANY MANNER OF TRESPASS 'AND.WITHCUt'PREJUOICE TO ANY REMEDY FOR - ARREARS OF RENT- OR•BREACH OF COVENANT,'•OR THE PARTY OF THE 'FIRST *•, PART- ENTS .AND EMPLOYEES MAY RESUME POSSESSION OF THE PREMI SES- ^AND `RE-LET THE SAME THE REMAI.NDERtOF TH- TERM AT, THE BEST RENTAL THEY -MAY OBTAIN AND , • HOLD THE'PARTY OF =THC SECOND PART-LIABLE FOR ANY DEFICIENCIES• THAT, OCCUR THE RE— FRO M] AND THE PARTY-Or THE FIRST PART SHALL HAVE A LIEN�AS 9£CURITY,FOR THE RENTAL AFORESAID UPON ALL CHATTELS' IMPLEMENT$p TOOLS AND OTHER PERSONAL PROPERTY WHI OH MAY BE PUT ON SAID OEMI SEE? PROPERTY. -- - XIY ` IT--IS HEREBY EXPRESSLY UNDERSTOOD AND - AGREED BY THE PARTIES HERETO] • THAT NOTWITHSTANDING THE TERMSP PHRASEOLOGY AND CONTENT OF.THIS - INSTRUM ENT' 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 ;s .FACI'L I Ty. WI TNESSETH THE HANDS OF'•THE PARTIES HERETO THIS THE DAY OF e = 1959• THE CITY OF CORPUS CHRISTIa TEXAS - •'- g,{ . , - - By PARTY OF THE FIRST PART - . ° - -, "s_ ,. -• `�, f�•ie _1, 3`, rr atlYk a �...,' %ry. \� - - ' .. ATTEST: - ITY NSECRETARY, _ _ a•¢: `.,t '. 1';, i '��hi .yap-., , �J _ -_ . - :�J." •9r .i' 3:Y ,,. e. -' .+..r � j' -. '�'1 < 'i'' �` � .} =, #,a y K Ji < � i , - ,, - LEGAL FORM THIS APPROVED AS TO s 4 ? =`Y 1•` �'' 4 t• THE 25TH DAY-_ OF MARCHa,, 19j9S Ni £ CITY ^ ATTORNEY ' " _ - MRS. J. W. 'HUNNICUTT . PARTY OF THE SECOND PART CORPUS CHRISTI,TEXAS j" A r J, 1959 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'SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE SHALL BE PASSED FINALLY ON THE DATE IT 15 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 INTRO- DUCED, 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: FARRELL D. SMITH t. W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. RILLS" 1 ARTHUR R. JAMES ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS -- B. E. BIGLER�C MANUEL P. MALDONADO CHARLIE J. AILLS A ARTHUR R. JAMES ODELL INGLE i