HomeMy WebLinkAbout020845 ORD - 12/12/1989AN ORDINANCE
REPEALING ORDINANCE 20804 WHICH AUTHORIZED A 10 -YEAR LEASE
OF APPROXIMATELY 22 ACRES ON CORPUS CHRISTI BEACH TO J -SAND
SERVICES, LTD.; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That Ordinance 20804, passed on October 24,
1989, which authorized a 10 -year lease of approximately 22 acres on
Corpus Christi Beach to J -Sand Services, Ltd., is hereby repealed.
SECTION 2. That the City Manager is hereby authorized to
execute all documents and agreements necessary to effectuate the
repeal of the ordinance, including without limitation an Agreement to
Terminate Lease Agreement which is attached hereto as Exhibit A.
SECTION 3. That upon written request of the Mayor or five
Council members, copy attached, to find and declare an emergency due
to the need for the efficient and effective administration of City
affairs, such finding of an emergency is made and declared requiring
suspension of the Charter rule as to consideration and voting upon
ordinances at three regular meetings so that this ordinance is passed
and shall take effect upon first reading as au_Fmergency measure this
the '( 1 day of ;� ( (, 19 P
ATTEST:
7://791/2._,
City Secretary /MAYOR
APPROVED: DAY OF , 19
HAL GEORGE, CITY ATTORNEY
By
Assistant City Attorney
ORD-RES\89072
THE CITY OF CORPUS CHRISTI
�3,;, MICROFILMED
AGREEMENT TO TERMINATE LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, the CITY OF CORPUS CHRISTI, TEXAS, (the "City") and
JIM HALL, SANDRA HALL and AKA J. SAND SERVICES, LTD. ("J -Sand") have
heretofore entered into a lease agreement on approximately 22 acres on
Corpus Christi Beach ("Property") by Ordinance 20804 dated October 24,
1989; and
WHEREAS, said lease agreement was to be effective 60 days
after full execution, which occurred on November 10, 1989; and
WHEREAS, said lease agreement is not to the benefit of ether
party and neither party desires the lease agreement to become
effective;
NOW, THEREFORE, the City and J -Sand mutually agree that:
I.
The lease agreement authorized by Ordinance 20804 shall not
become effective by agreement of the parties thereto.
II.
J -Sand will not be required to perform under the lease
agreement, including payment of -the $50,000 liquidated damages.
III.
City shall not be required to lease the Property to J -Sand.
IV.
Neither City nor J -Sand shall have a claim against the other
pursuant to the lease agreement and each shall pay all its expenses
incurred pursuant to the lease agreement. Both City and J -Sand agree
that neither of them shall initiate, prosecute or maintain any action,
either civil or criminal, for any matter arising out of or pertaining
to the lease agreement.
ORD-RES\89072
V.
All duties and obligations owed by J -Sand to the City are
hereby declared null and void. All duties and obligations owed by the
City to J -Sand, if any, are hereby declared null and void.
WITNESS THE HANDS of the parties hereto, in duplicate
originals, this day of , 1989.
ATTEST: CITY OF CORPUS CHRISTI
By By
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED: DAY OF , 1989
HAL GEORGE, CITY ATTORNEY
By
Assistant City Attorney
J -SAND SERVICES, LTD.
By:
President
James E. Hall
Sandra Hall
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the day
of , 1989, by Juan Garza, City Manager, City
of Corpus Christi, Texas.
Notary Public, State of Texas
ORD-RES\89072
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day
of , 1989, by James E. Hall, President, J -Sand
Services, Ltd.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day
of , 1989, by James E. Hall.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day
of , 1989, by Sandra Hall.
Notary Public, State of Texas
\ORD-RES\89072
Corpus Christi, Texas
day of , ,r (, . , 19
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances at three regular
meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance finally on the date it is introduced, or at
the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
t. ci \j/C .'t.t
MAYOR
THE CITY OF CORPUS CHRISTI
The above ordinance was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
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