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Home My WebLink About17471 ORD - 02/09/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH SAND AND SEA RESORT MOTEL TO LEASE A PORTION OF AUBREY STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a five year lease agreement with Sand and Sea Resort Motel to lease the portion of Aubrey Street between Water Street and Shoreline Drive for parking at a monthly rental of $125.00, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." 1.'747_ MICROFILMED SEP 281984 LEASE AGREEMENT (Aubrey Street) THE STATE OF TEXAS COUNTY OF NUECES X X EXHIBIT "A" This lease agreement made and entered into this the day of , 1982 by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, here- inafter referred to as "LESSOR, and the SAND AND SEA RESORT HOTEL, hereinafter referred to as "LESSEE": W ITNESSETH Lessor does hereby lease and let unto Lessee the portion of Aubrey Street between Water Street and N. Shoreline, ad- jacent to Lots 6 and 7, Block 10, Water Beach Addition, in the City of Corpus Christi, Nueces County, Texas, as shown on Exhibit "A", attached hereto and made a part hereof, for a term of five (5) years commencing on the 1st. day of December, 1982, at a monthly rental of One Hundred Twenty-five Dollars and no cents ($125:00) with said rental increasing ten percent (10%) over and above the previous year's rental for each successive year; said lease will be in effect until such time as Lessee abandons said leased premises, the term of the lease expires, or the lease is cancelled by either party upon 30 days written notice as provided in Clause 8. Lessee agrees as follow s: To pay each month's rent as it becomes due. Rent is due on the FIRST - day of each month and check or money order made payable to the CITY O F CORPUS CHRI S TI for the full amount will be Page 1 of 4 Pxb. "FJ' delivered or mailed to: CITY OF CORPUS CHRISTI PROPERTY AND LAND ACQUISITION 1801 N. CHAPARRAL CORPUS CHRISTI, TEXAS 78401 so as to reach Lessor before 5:00 p.m. on the due date. No rents will be refunded unless agreement is terminated by Lessor without cause. In addition thereto, it is hereby agreed as follows: 1. Lessee shall pay the Lessor said rent in the manner hereinbefore specified, and shall not let or underlet the whole or any part of said premises, nor sell or assign this contract, either voluntarily or by operation of law, nor allow said property to be occupied by anyone contrary to the terms hereof. 2. In the event that the Lessee shall become bank- rupt, voluntary or involuntary, or shall make a voluntary assignment for the benefit of creditors, or in the event that a ieceiver for the Lessee shall be appointed, then, at the option of the Lessor and upon ten (10) days notice to the Lessee or Lessee's reprhsentatives, of the exercise of such notice, this lease shall cease and come to an end. 3. Lessor reserves the right to enter upon;:the_leased, premises at any time to maintain, replace or repair the utility lines or any other lines of the City,of Corpus Christi beneath the surface of the leased premises, 4. Lessee shall be responsible for maintenance of the leased premises including pavement and upon expiration of this lease shall return the leased premises to Lessor in as good a condition as before this lease was executed, usual wear and tear and acts of Cod excepted. 5. Lessee, except as provided in Paragraph 3 above, shall hold Lessor harmless from any and all claims arising out of ':Lease Agreement" Sand & Sea Resort Hotel(Aubrey) Page 2 of 4 Lessee's use, enjoyment and maintenance of the leased premises. Lessee shall also pay Lessor the cost of any damage to the City of Corpus Christi's utility or other lines beneath the surface of the leased premises on account of Lessee's use, enjoyment and maintenance of the leased premises. 6. Lessee may stripe the leased premises for parking. A plan for said striping must be submitted to and approved by the Director of Traffic and Transit of the City of Corpus Christi before said striping can be commenced. 7. Lessee shall not charge for parking on the leased premises. 8. This lease may be cancelled by either party upon 30 days written notice to the other party. 9. All inquiries about and notices provided for in this lease shall be mailed to Lessor at the Property and Land Acquisition Office of the City of Corpus Christi, 1801 N. Chaparral, Corpus Christi, Texas 78401,unless changed in writing by Lessor and to Lessee at the Sand and Sea Resort_ Hotel, 1013 N. Shoreline, Corpus Christi, Texas 78408. 10. In the event Lessor should be compelled to commence or sustain an action at law to collect said rent or parts thereof, Lessee shall pay all costs in connection therewith including a reasonable fee for the attorney of Lessor in such actions. 11. In the event of litigation on this instrument and should one or more clauses be found invalid all other pro- visions of this lease are to stand as written. 12. By Lessee's_ execution hereof, Lessee acknowledges that he (she) (they) have read this agreement and understand that this agreement is not binding on Lessor until properly "Lease Agreement" Sand & Sea Resort Hotel (Aubrey St.) Page 3 of 4 authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. 13. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED BY THE CITY CHARIER SHALL BE PAID BY LESSEE. WITNESSED OUR HANDS, in duplicate, this the day of , 198 . ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: Bill G. Read Edward A. Martin City Secretary City Manager LESSOR APPROVED: DAY OF , 198_. J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney "Lease Agreement" Sand & Sea Resort Hotel(Aubrey St.) Page 4 of 4 APPROVED: c. i -i• es K..Lonto', '.E.. assistant City Manager SAND AND SEA RESORT HOTEL BY: LESSEE /SO 4' 85.0 5' 07 Q•'i¢' rt ye) � 1 Zo. � %'8° ¢.6'30 ".11/. /50 ' 4u13RY 57r 2G6./5' r 3 M N • Al 78° fi6'3o",E. /N r 57-,q 7- ///17/G(/ Y .37 • i !.! 1' R Y 57R Er CL osidvG . / " = oo ' 22a/c.. clan. /9, /967 /✓D T6: //abrey 5/reel or, y/nd//y 60' wide . • S/ofe ui -ed That the foregoing ordinance a read for e first time and ssed to its second reading on this the day of , 19,3 , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was read for th second time and Raped to its third reading on this the pr day of 19 ;3, by the following vote: 62/6-9 de - Luther Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the fore inan wa read for the third' time and passed finally on this the y�l dayof , 19 1...7b the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky p PASSED AND APPROVED, this the 9 --day of _� , 19 P. ATTEST: A4J/.��LtC9 ecretary S " APP 5rDAY OF ,19r3 J. BRUCE AYCOCK, CITY ATTORNEY By/5)114.1fi-sttnt City At t rncy MAYO TH ITY OF CORPUS CHRISTI, TEXAS .J.747 VALUE ESTIMATE as of December 1, 1982 Purpose: To estimate lease value for "PARKING PURPOSES" Location: Aubrey Street Zoning: B-5 area Size: 4,125 S.F. parking area This estimate is for a lease on Aubrey Street, a public street which has never been closed. It is assumed that since the street has never been closed, the Sand and Sea Resort Hotel would have the right to use the street for access from Water Street even without a lease. Therefore, the market value of the lease will include only the area to be used for parking purposes. This area on the north side of Aubrey Street is judged to be 275' by 15` or 4,125 square feet. Lease Value Estimate Comparable Lease Number 1 current lease Tejas Gas to H.E.B. Description: Lot 1, Block 20, Beach Portion Location: Corner of Starr and Mesquite Streets Tract Size: 7,500 S.F. Lease Price: $400/mo. or $.05/S.F. per month Zoning: B-6 , Use: Parking area Comparable Lease Number 2 current lease Lessee: Alright Parking Location:' Corner of Lawrence and Water Streets Tract Size: 7,500 S.F. Lease Price: $300/mo. or $.04/S.F, per month Zoning: B-6 Use: Parking area Page 1 of 2 • Comparable Lease Number 3 Lessee: Alright Parking Location: Williams and Water Streets Tract Size: 7,500 S.F. Lease Price: $250/mo. or $.03/S.F. per month Zoning: B-6 Use: Parking area current lease Correlation Subject Comparable Lease Number 1 $.05/S.F. mo. Comparable Lease Number 2 $.04/S.F. mo. Comparable Lease Number 3 $.03/S.F, mo. Market value of the subject lease is estimated at $.03/S.F. per month x 4,125 S.F. = $123.75 rounded to $125/month. CERTIFICATI 0 N: ' I hereby certify that I have no interest, present or contemplated in this property. 76 Kenneth T. Kohrs, Manager Property and Land Acquisition "Value Estimate" 12-1-82 Aubrey St. Page 2 of 2 STATE OF TEXAS, County of Nueces. }ss. 113767 PUBI..IS.HER'S AFFIDAVIT CITY OF CORPUS CHRISTI Before me, the undersigned, a Notary Public, this day personally came. ANNA GARZA who being first duly sworn, according to law, says that he is the —_--+A GC4AIi�ISi�..4I FxRIC of the Corpus Christi Caller and The Corpus Christi Mmes. Daily Newspapers published at Corpus Christi, Texas., in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING f of which the annexed is a true copy, was published is CORPUS CHRISTI CALLER -TIMES on the7th day of_FEBRUARY 1983 ., and once each. DAY — thereafter for ONE consecutive DAY ONE ._._....._._Times. 21.78 ANNA GARZA $»---- _-- ACCT CLERK Subfcribed and sworn to before me this.1 /nth -day FEBRUARY .. EUGENIA S. CORTEZ No 19 83 lie, Nueces County, Tex • -LNOTICE'OF PASS/41 •aOF ORDINANCE ON 1 r"` SECOND READING !1 AUTHORIZINA THE EXE, CETION OF AIVE VEAR LEASE A`3REEMENT WITH D SEA RE, MOTEL SORT MOTEL TO LEASEE� A PORTION OF AUBREVI TREET. d Was passed on second reading by the City Council 1 the City of Corpus Chris- t, Texas on the 2nd day of ebruary, 1983. The full text f said ordinance is evall- ble to the public in the. fflce of the City Secretary. -s-Bllf G. Read City Secretary, Corpus Christi,: Texas: b