HomeMy WebLinkAbout19481 ORD - 09/16/1986AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH FIESTA
DEL SOL, INC. FOR TWO TRACTS OF LAND LOCATED ON C.C. BEACH.
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
lease agreement with Fiesta Del Sol, Inc. for two tracts of land located on C.C.
Beach and containing a total of 1.268 acres for and in consideration of the
terms and conditions set forth in the agreement, a substantial copy of which is
attached hereto and made a part hereof, marked Exhibit "A".
08P.057.01
19481 MICROFILMED
CONTRACT AND LEASE AGREEMENT
THE STATE OF TEXAS 4
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
THIS CONTRACT AND LEASE AGREEMENT made and entered into this
tf--3ri day of July, 1986, by and between the CITY OF CORPUS CHRISTI,
TEXAS, a municipal corporation, acting by and through its duly authorized
City Manager, Craig A. McDowell, hereinafter called "City", and FIESTA DEL
SOL, INC., of Nueces County, Texas, hereinafter called "Lessee".
WITNESSETH:
That for and in consideration of the covenants and agreements
herein contained and subject to the provisions hereby, the City does hereby
lease and demise unto the Lessee the following lands and premises:
TRACT I
Being a 1.068 acre tract of land out of a part of
the dedicated street right of way of Timon
Boulevard as shown by Brooklyn Addition recorded
in Volume 4, Page 13, Map Records, Nueces County,
Texas, said tract of land being more particularly
described by metes and bounds as follows:
Beginning at the intersection of the Northeast
right of way line of 60 foot wide Hull Street and
the Southeast right of way line of the present
U.S. Highway 181;
Thence S. 58° 11' 49" E., with the Northeast right
of way line of said Hull Street, a distance of
133.81 feet to a point;
Thence S. 13° 54' 08" E., a distance of 111.87
feet to a point for the most westerly and
beginning corner of the tract herein described;
Thence N. 73°34' 30" E., a distance of 100.0 feet
to a point for a corner of this tract;
Thence N. 15° 02' 30" W., a distance of 15.00 feet
to a point for a corner of this tract;
Thence N. 47° 34' 30" E., a distance of 288.88
feet to a point in the Shoreline of Corpus Christi
Bay for a corner of this tract;
Thence with the meanders of said shoreline, N. 89°
11' 08" E., 31.25 feet, S. 60° 24' 41' E., 26.25
feet, S. 35° 12' 52" E., 53.96 feet to a point in
the Northwest boundary line of the City of Corpus
Christi property for a corner of this tract;
Thence S. 47° 19' 54" W., with the Northwest
boundary line of said City of Corpus Christi
property, a distance of 482.0 feet to a point for
a corner of this tract;
Page 1 of 6
Timon Blvd. 1.068 ac.
7
Thence N. 13° 54' 08" W., a distance of 150.02
feet to the point of beginning.
Containing 1.068 acres of land, more or less, and
shown as Area 11 on the map attached hereto and
made a part hereof and marked "Exhibit A.
TRACT 2
Lot 7, Block 414, Brooklyn Addition. Being a
replat of the Southeast part of Block 414,
Brooklyn Addition, Lot 7 being comprised of Lots
1, 3 and 5 as originally platted, containing 0.20
acres, more or less.
I.
The rental for said property shall be Four Hundred Dollars
($400.00) per month, payable on or before the 1st day of each month in
advance, beginning the 1st day of August, 1986.
II.
The term of this lease shall be for four (4) years and one (1)
month, to commence and begin the 1st day of August, 1986, and end the 31st
day of August, 1990, and shall be renewable thereafter by the mutual
agreement of the parties hereto.
III.
• It is further expressly covenanted and agreed by and between the
parties hereto that the City shall not have the privilege and right to
terminate this lease at any time during its tens. In the event that the
buildings, structures, fixtures and other improvements constituting a part
of the leased premises are damaged or destroyed to the extent of more than
fifty percent (50%) of the physical reproduction cost by hurricane,
windstorm, rising waters or storm tides, Lessee shall have the privilege
and right to terminate this lease by giving the City thirty (30) days
written notice, and on the expiration of said thirty (30) day period the
City shall have the right to enter into and upon and repossess said
premises to the complete exclusion of the Lessee and said Lessee shall make
no further demand or claim of any kind against the City resulting from or
growing out of the terms of the provisions of this Lease Agreement. For
purposes of calculation of physical reproduction cost under this provision,
the City Building Official shall make such calculation from the quantities
and prices of materials and the hours and costs of labor as of the date
immediately prior to damage, reasonably required to reproduce the
02j.006.12.02.np
Timon Blvd. 1.068 ac.
buildings, structures, fixtures and other improvements in the existing
condition immediately preceding the time of damage.
IV.
The property leased herein to the Lessee is to be used for the
sole and exclusive purpose of placing and maintaining thereon a mobile
camper and travel trailer park, which mobile camper and travel trailer park
is owned and operated by Lessee.
V.
The Lessee shall not erect any future structure or improvements
of any kind on said property unless the written approval of the City is
obtained prior to the beginning of such construction. In the event such
consent is obtained, plans for such construction or improvements must be
submitted to the City Engineer of the City of Corpus Christi, Texas, for
his approval, and such construction or improvements shall be erected in
conformity, in all respects, to the plans and specifications approved by
said City Engineer.
VI.
It is further expressly agreed that Lessee may remove any
structure or improvements erected on said premises prior to the termination
of this lease and that any structure or improvements remaining on the
termination of this lease for any cause, shall become in all respects the
property of the City and the Lessee shall have no claim or right of any
kind against the City for said structures or improvements or the value of
same.
VII.
The Lessee shall provide suitable signs indicating that the
premises are operated by the Lessee as a part of his own business and not
by the City.
VIII.
That the Lessee shall promptly execute and fulfill all the
ordinances of the City of Corpus Christi applicable to said premises and
all orders and requirements imposed by the Health Department, Sanitary
Department, and Police Department for the correction, prevention and
abatement of nuisances in, upon, or connected with said premises during the
term of this lease at his own expense.
02j.006.12.02.np
Timon Blvd. 1.068 ac.
Ix.
That it is understood and agreed by and between the parties
hereto that this contract and lease is not assignable in whole or part and
that the Lessee shall have no right or authority to assign this lease or
any part thereof and that any attempt to so do will be grounds for
termination of this lease by the City, unless the City Council approves the
issuance of special permit to an assignee proposed by Lessee and that the
lease as assigned is approved by the City Council.
X.
The Lessee shall keep said premises in a clean and neat condition
and shall take good care of the property and at the end of the term of this
lease or on its being terminated as provided herein, the Lessee shall
deliver up the demised premises in good order and condition, and damages by
the elements only, excepted.
XI.
The Lessee stipulates and agrees to hold harmless and defend the
City against any hurt, injury, claim or damage to persons or property which
occurs or arises on said demised property during the term of this Lease
Agreement.
XII.
The Lessee stipulates and agrees that he will not represent,
commit or involve in any way said demised property as his own or as the
basis of or security for any debts, liabilities or obligations asserted
against him, obtained or undertaken in his own behalf.
XIII.
That in case of default in any of the aforesaid covenants, the
City may enforce a performance thereof in any manner provided by law and
may declare the lease forfeited and at its discretion the City, its agent,
employee or attorney shall have the right without further notice or demand
to re-enter said premises and remove all persons therefrom without being
guilty in any manner of trespass and without prejudice to any remedy for
arrears of rent or breach of covenant, or the City, its agents and
employees may resume possession of the premises and re -let the same for the
remainder of the term at the best rental they may obtain and hold the
Lessee liable for any deficiencies that occur therefrom; and the City shall
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Timon Blvd. 1.068 ac.
have a lien as security for the rental aforesaid upon all chattels,
implements, tools and other personal property which may be put on said
demised property.
XIV.
It is hereby expressly understood and agreed by the parties
hereto that notwithstanding the terms, phraseology and content of this
instrument, that this instrument shall constitute the granting by the City
to the Lessee a monthly use privilege and lease of a public property.
XV.
All rental payments due hereunder are personally guaranteed by
Edward E. Hogan, and in the event of any default thereon by Lessee, all
delinquent Installments will be paid, in full „by Edward E. Hogan on demand
from Lessor.
WITNESSETH the hands of the parties hereto this the _ day of
July, 1986.
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST: LESSOR
Armando Chapa, City Secretary
APPROVED AS TO LEGQL FORM this
to day of 1986
HAL GEORGE, CITY TT
By
,.
R. Cottin
Assistant Cit torney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of
1986, by CRAIG A. MCDOWELL as City Manager of TFfrCITY OF
CORPUS CHRISTI, TEXAS.
By
Craig A. McDowell, City Manager
FIESTA DEL SOL, INC.
LESSEE 1u�-
BY:
'War. E. Hogan �J
President
ACCEPTED AND AGREED T0:
By:
Edward E. Hogan, Guaranto
in accordance with Article
02j.006.12.02.np
Timon Blvd. 1.068 ac.
Notary Public, State of Texas
My Commission expires:
THE STATE OF TEXAS §
COUNTY OF NUECES §
is instrument was acknowledged before me on the / day of
, 1986 by EDWARD E. HOGAN, President of FIE A DEL SOL,
sQ�
'otac, tate o g%d5
My Commission expires: 6-3v_cf-2r.
REYNALDO R. ALVAREZ
NotaryPublic in and far the Sy�to of Texas
MY Commission Expires—_b— 3��SL.
02j.006.12.02.np
Tlmon Blvd. 1.068 ac.
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces. }°8• AD #72921
CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came. .... :_
IRIS YAP
who being first duly sworn, according to taw, says that he is the
�i ACC0IIDITING_.CLERIL of the Corpus Christi Caller and The Corpus Christi Tim
as
Daily Newspapers published at Corpus Christi, Te: r , in said County and State, and that the publication of of
NOTICE OF PASSAGE OF ORDINANCE 00
N SESpND_.RFA.RING...AUT130RSZ.1x0...IHE...EXEc:uzzoAI—OF
of which the annexed is a true copy, was published inCALLER TIMES PUBLISHING CO
25th AUGUST _._._ ...._ _�_
on the day a19 86 and once each DAY
—..- ..thereafter forgE _„_, ___.
consecutive
DAY
ONE Times.
31.05
IRISYAP......._..........-...._....._. _._�_—.
Subscribed and sworn to before me this_._2.7 TH--_.day _AUGUST
19.$6,
(-2r1-4-
Notary,5ublic, Nueces County, Texas
EUGENIA CORTEZ - 6/30/1989
NOTICE OF PASSAGE1
OF ORDINANCE ON ,
SECOND READING
AUTHORIZING THE EXECU
TION OF A LEASE
AGREEMENT WITH FIESTA
DEL SOL, INC. FOR TWO
TRACTS OF LAND LOCATED
ON, C.C. BEACH CONTAINING
A TOTAL 06,1,268 ACRES
FOR AND .94 CONSIDER-
ArDN OF $400 PER MONTH 2
F0, A TERM OF FOUR
.YEARS AND ONE MONTH,
TO COMMENCE AND BEGIN.;
THE 1st DAY OF AUGUST,
1986, AND END THE 31st
DAY OF AUGUST, 1990.- a
Was passed and approved s
the Cit Council on second
reading on_August 19, 1986.-.
The fuU text of said ordinance
- is available to the public eCtVg
Office of the City Secretary?'
• /s/ Armando 4apa
City Secretecy
Co us Christi, re -
4.5
SEP 1986 0
t4a
. ..:1;4;4ys
Ac9
That the foregoing ordinance was read for the first time and passed to its
second reading on this the " %oi day of Q a , 19'8(0 , by the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordinance w read for t second time and ppsed to its
third reading on this the day of i % , 19 , by the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the fore ng ordinan w s r d for the hird time and passed finally
on this the ��o- day of ��/ , 19, by the following vote:
Luther Jones L.
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the /G day of
ATTE
City Secretary U MA
APPRODAY:OF ' 196:
As-s4itent City Attorney
THE CITY OF CORPUS CHRISTI, TEXAS
19481
STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT
ss: AD# 62806...
County of Nueces. CITY OF C .0 . /CITY SECRETARY
i
Before me, the undersigned. a Notary Public., this day personally came •--•-•_---
..................................... who being first duly sworn, according to law, says that he is the
SFNIOR ACCOUNTING CLERK, of the Corpus Christi Caller and The Corpus Christi limes.
Daily Newspapers published at Corpus Christi, Texas,. in said County and State, and that the publication of
NOTICE OFPASSAGE OF ORDINANCE , ON_ FIRSTREADINGAUTHORIZING THE EXECUTION
__.-..._. _. TR TTMFS PiIaL.IS13IrIC...C.f2�------
of which the annexed is a true copy, was published in _-��EE------`—"---
AUGUST 1916., and once each d?y_- thereafter f°z-••_QnP
on the .18th day of......._........._..__.-----•
consecutive sla.y
Times. �41—
(��
'33.35 •PIIIRIET'-'LA T2. 19.86
$........__..........�._ 19th,_:daq of AUGUST
Subscribed and sworn to before me this ---(_/(r-
Notary
Notary Public, Nueces County, Texas
EUGENIA`S. CORTEZ 6-30-89
City of Corpus Christi
NOTICE OF PASSAGE
ORDINANCE ON
FIRST READING
AUTHORIZING THE EXECU-
TION OF A LEASE
AGREEMENT WITH FIESTA
DEL SOL, INC. FOR TWO
TRACTS OF LAND
1.CATED
ON C C BEACH CONTAININGT
L1,1 TOTAL OF 1.268 ACRES
FOR AND IN CONSIDER-
' ATION OF $400 PER MONTH
.'OR A TERM OF FOUR
'-'/EARS AND ONE MONTH,
TO COMMENCE AND BEGIN
- THE 1st DAY OF AUGUST,
1986, AND END THE 31st
DAY OF AUGUST, 1990.
Was passed and approved
orr first reading by the City
Council of the City of Corpus
Christi, Texas on the 12th day
of August, 1986 and the full
' text of said ordinance is avail- ,
able to the public in the Office
of the City Secretary.
r /s/ Armando Chaps
' - . City Secretary
Corpus Christi, Texas