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HomeMy WebLinkAbout18752 ORD - 03/19/19851.072.01 TEXAS AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH LAKE CORPUS CHRISTI MARINE CONSTRUCTION PROVIDING FOR THE USE OF A 40' BY 60' TRACT OF LAND AT THE CUNNINGHAM WATER TREATMENT PLANT, 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 to execute a lease agreement with Lake Corpus Christi Marine Construction providing for the use of a 40' x 60' tract of land at the Cunningham Water Treatment Plant, all a e fully set forth in the lease agreement, a substantial copy of which is more hereto and made a part hereof, marked Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the ab0vementioned lease agreement atthe earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 19th day of March, 1985. ATTEST: Acting M2:741'14714,0"6 B yAssistant�+rty�torn� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS is= MICROFILMED THE STATE OF TEXAS 5 COUNIT OF NUECES LEASE AGREEMENT KNOW ALL hill BY THESE PRESENTS, This Agreement is mage and entered into by and between the City of Corp. Christi, a municipal corporation and body politic operating under a home rule charter of the State of Texas, located in Nueces County, Taxa, hereinefter caiied "Oita". and Lake Corpus Marine Construction. a corporation acting by and through its duly authorized officer. hereinafter called .bake Corpus marine'. for the uses and occupancy of the hereinafter described premises. under the terms hereinafter provided That LessOr has agreed co let and hereby does let to Lessee. and Lessee has agreed to take and does hereby take from Lessor, all of the following described parcel of land, lying and being situated the City of Corpus Christi, County of Nueces and State of Texas, and described as follows, to wit: going o poroef of food approximately 40,60' the northwest corner of the John W. Cunningham Water Filtration Plant. 14025 Leopard, hereinafter called 'Tiltration Plant., as indicated on attached map (see Exhibit A). 11 The term of this leane shall commence upon passage by the City Council and shall be for a period of six (6) months with an option to renew for additional eix (6) months periods; prOvided, hnwever. this lees. iD subject to cancellation, without cause by either 555 5555 30 days written notice. Option to renew shall require approval by the Water Superintendent upon request by Lake Corp. Marine. The Lessee la allowed access to the above described parcel of land for use as a contractor's storage yard and staging area to undertake bulkhead work for residences located nouth of the Filtration Plant in the River Forest Subdivision. Access to the work area shall be only through the north sex,. road and gate. Access to the work area other than thraugh the north service road and gate shall be prohibited unless specific written permission ia granted by the Water Superintendent. Lake Carpus Marine shall provide a separate lock for the north service road gate and shall provicha one (1) kcy to the Water Superintendent. IV Lake Corpus Marine shall maintain the site and dispose of an refuse on a daily basis Lake Corpus Marine nhall construct a fence and gate surrounding the above described 40'x60' area. VI Lake Corpus Marine shall be allowed to store gasoline, diesel fuel, or oil anly with. the fenced area provided that the combined quantity of gasoline. diesel fuel, and oil shall not exceed 110 gallons at any time. All laquads shall be Stored III napprover, containers. VII Lake Corpus Marine agrees to maintain at all times during the term of th. Agreement comprehensive gene,. iiebiLitY ...ranee in the amount of 000 11003500 350U3A1M DOLLARS (3100.000) for 555315 153555 or ceath to any one persOn, THREE HUNDRED nousana DOLLARS 0300,000) for bodily injury 56 death 05 557 560 occurrence and FIFTY THOUSAND DOLLARS ($5(,000) for property damages. Lake Corpus Marine agrees to marnta. at allthraom brie the amount meof during0 DOLLARS Agreement($100,000) ofor bodily a injury or to Rs ($300,000) for bodily death jury nor oneperson, THREE for anyonexoccurrence Mn rTHOUSAND FIFTY A DOLLARS ($50,000) for property damages. The City shall be named as an additional Insured on said polreies and proper certificates of insurance shall be furnrshed to the City and maintarned throughout the term of this Agreement. VIII Lake Corpus Marine agrees to indemnify and forever save harmless the City, office and a for all lawsuit¢ claims, d lrabrlities,1C losses, and s (including c of i j�ef of any injury co any one eSd time resulting from such ur damage aproperty mayariserch maybe alleged o have out of or in c ith any activity by Lake Corpus Marrn attorneys fees, and its agents, employees, or independent contractors pursuant Co this lease. Lake Corpus Marine .hall submit to the Water Superintendent for approval plane for all atDeka, P.M., or fnprovements to be installed a the a by t Upon termination of thisen , all improvements shall become the propry of the City of Corpus Christi, Lake Corpus Marine shall perform within ten (10) days after written notification additional requirements d ned by the Mater Superintendent r prevent conditions caused by erasion or subsidence or due to the use of the etre by the Leiaee. XI Lessee hereby covenants to pay a the monthly rent or sum of FIFTY RS ($s0.00), p gable re advance for each and every month during the term, or any extended term, of this lease. XII Lake Corpus Marine agrees not to sublet the leased premises or y part thereof. XIII he right to enter a the existenceyreserves ofr this les a far the of inspecting the sane ir 0rder to determine whether the terms of said lease are being observed and carried WITNESS OUR HANDS, s the day of 1985, in duplicate originals,each of whichis to heconsidered an original. ATTEST CITY OF CORPUS CORISTI, TEXAS By City Secretary Edward A. Mania, City Manager APPROVED DAY 1985 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Crty Attorney Lewis Scholtea scat -g: 1; = 400' SAM1 PATRICIO Co LEASE AREA Exh,1,4 II Co/y"' rf�p/u//ss Chdarysotif, [exas TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reset forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule s to consideration and voting upon ordinances or resolutions at three regular meetings; I/pe, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR V THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Menden Mary Pat Slavik 18752