The URL can be used to link to this page

Home My WebLink About17564 ORD - 04/13/1983AN ORDINANCE AUTHORIZING EXECUTION OF A THREE YEAR LEASE AGREEMENT, WITH C AND C INDUSTRIAL BUILDERS, INC. TO LEASE LOT 1, LEXINGTON INDUSTRIAL CENTER FOR MATERIAL STORAGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a three year lease agreement with C and C Industrial Builders, Inc. to lease Lot 1, Lexington Industrial Center located at 9115 South Padre Island Drive for material storage at a monthly rental of $280, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". MICROFILM ED 17561 SEp 28 1984 EXHIBIT "A" LEASE AGREEMENT THE STATE OF TEXAS f COUNTY OF NUECES This lease agreement made and entered into this the 14th. day of March , 1983 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, hereinafter referred to as "LESSOR", and C and C Industrial Builders, Inc., hereinafter referred to as "LESSEE": W ITNESSETH Lessor does hereby lease and let unto Lessee the follow- ing described property: Lot 1, Lexington Industrial Center as recorded in Volume 46, Page 243, Map Records of Nueces County, Texas_ (located at 9115 South Padre -Island Drive) 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 three (3) years commencing on the 14th. day of March, 1983, at a monthly rental of Two Hundred Eighty Dollars and no cents ($280.00) payable in advance on the first day of each month with said rental increasing seven percent,(7%) over and above the previous year's rental for each successive year; said lease will be in effect until such time as Lessee a- bandons 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 6. Lessee agrees as f o l l o w s: To pay each month's rent as it becomes due. Rent is due on.the F IRS T day of each month and check or money order made payable to the CITY O F C ORPUS CHRISTI for the full amount will be Page 1 of 6 delivered or mailed to: CITY OF CORPUS CHRISTI PROPERTY AND LAND ACQUISITION DIVISION 1801 N. CHAPARRAL ST. 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 receiver 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 representatives,. of the exercise of such notice, this lease shall cease and come to an end. 3. The rights granted under this lease aremade subject to an existing utility easement containing a high pressure gas line recorded in Volume 46, Page 243, Nueces County Map Records (see attached Exhibit "A"), for which the City retains a right of access to enter upon such easement area, which is described by recorded plat of the herein described premises at any time for purposes of maintenance, repair, replacement, or removal. 4. The Lessor shall not be under any obligation to make any improvements or alterations of such premises occupied by Lessee. Lessee shall take possession in an "as is" condition. The Lessee may fence any portion of the premises; add any "Lease Agreement" (Lexington Ind Ctr) C & C Ind Bldg Inc Page 2 of 6 sheds, gates, or portable structures he may deem necessary for his storage operations. Said improvements may be removed at Lessee's option at such time as the lease terminates with the condition that Lessee restores the land to its original grade and condition. 5. Lessee agrees to indemnify and hold harmless the Lessor from any and all claims of injury or damage or causes of action arising from Lessee's use of said premises, and this indemnifi- cation agreement shall likewise apply to Lessee's agents, servants and employees. Lessee shall also pay 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. This lease may be cancelled by either party upon 30 days written notice to the other party. 7. 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 C and C Industrial Builders, Inc., P. 0. Box 4752, Corpus Christi, Texas 78469. 8. 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. 9. 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. 10. By Lessee's execution hereof, Lessee acknowledges "Lease Agreement" (Lexington Ind Ctr) C & C Ind Bldg Inc Page 3 of 6 that he (she) (they) have read this agreement and understand(s) that this agreement is not binding on Lessor until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. 11. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED BY THE CITY CHARTER SHALL BE PAID BY LESSEE. WITNESSED OUR HANDS, in duplicate, this the day of , 1983. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Bill G. Read By: Edward K. Martin LESSOR City_Secretary City Manager APPROVED: DAY OF , 1983. J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney APPROVED: James K. Lontos, P.E. Assistant City Manager ATTEST: C AND C INDUSTRIAL BUILDERS, INC. By: Secretary Clarence Chandler, Jr. LESSEE President "Lease Agreement" (Lexington Ind Ctr) C & C Ind Bldg Inc Page 4 of 6 THE STATE OF TEXAS Z COUNTY OF NUECES I This instrument was acknowledged before me on , 1983 by Edward A. Martin, City Manager of the City of Corpus Christi, Texas, a municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas '(NOTE: please print, type or stamp notary public name + commmission expiration date below) THE STATE OF TEXAS COUNTY OF NUECES X 1 This instrument was acknowledge before me on , 1983 by Clarence Chandler, Jr., President of C and C Industrial Builders, Inc., a corporation, on behalf of said corporation. Notary Public in and for the State of Texas (NOTE: please print, type or stamp notary public name + commission expiration date below) "Lease Agreement" (Lexington Ind Ctr) C & C Ind Bldg Inc Page 5 of 6 Minimum finish Floor Elevation 11.0 poet 011 135 w .� . 6011TH nn,?E ISGANC! DRIVE C514. 358) S \II: or. TEXAS 1 il;a•fl• 111' NVECES 1 N60•58 "N 263.37' •_, J71/ANA JM/TN VOL. 29 PAS ¢7 LOT 2 5 bt/a{rr Esm74 Cased P� odi:,once #/1062¢ ra IwLANO DRQ✓° 5H. /RCN ROD Ar 412 CORNERS a /AO • %AO 900 J 5/ 7-4 0 ro LOCAT/DN MAP . TIIE STATE OF TEXAS 1 COUNTY OF NUECES 1 This plat approved by the Director of Engineer- ing & Physical Develgpment of the City oC Corpu: Christi, l'exae a/ 1-, I:rne:l l:rinnes, Actingcity Manager of the City of Corpus Christi, This the = d of 1981. •�.rs, hereby certify that the City of Corpus Christi is the owner of CF''�„� th„ .it the City of Corpus Christi has had said lands surveyed and sub- = vid.sl .is shown hereon; that all streets and easements as .shown here° k: L'3 dedicated to the public use forever; that the foregoing plat was 110R;.Li0 Lli, : , , t nie -for the purpose of dedicationand description. 'this the /.;;/...:_day of _.JLs_S �'L`til l!•' i 1981. rlrsT, r..lf.y.- ?bet • ci ty S•ciy(,iry .rnc,ttlirioncs, Acting Cl ty 1,1anager, City of Corpus Christi, Texas / Gerald Smith, P.E. TEXAS • O I41,P, l'AT 1 Fc;, iI's I' 1,;r(C% .. 1• OF N1IEC.1:: 1. —41". 1, lloracio Oliveira, Registered Public Surveyor, do hereby certify that this is n•true and correct drawing and plat of a parcel of land in the City oC Corpus Christi, Nueces County, Texas, That the foregoing ordinance wa,s, read for e first time and passed to its second reading on this the i4O day of ,—Li,, , 190 , 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 ordinancephs ordinance/wread for third reading on this the 617011 day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the-foreg on this the ordinance ay of sec nd time and Rued to its ,4A� , 19 , by the s read for the , 19 time and passed finally , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky //�� PASSED AND APPROVED, this the ��-r"` ATTEST: Secretary DAAP OVED: Y OF ,19x3: J. BRUCE AYCOCK, CITY ATTORNEY By MAYOR THE CITY '' CORPUS CHRISTI, TEXAS 175E4