HomeMy WebLinkAbout021515 ORD - 11/10/1992AN ORDINANCE
TERMINATING THE LEASE FOR A BOAT REPAIR FACILITY
AUTHORIZED BY CITY COUNCIL ON MARCH 3, 1982 BY
ORDINANCE NO. 16906, AND AMENDED BY ORDINANCE NO. 20833
ON NOVEMBER 21, 1989; AND DECLARING AN EMERGENCY.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to sign a Release
terminating the lease for a boat repair facility authorized by City Council on March 3, 1982
by Ordinance No. 16906 and amended by Ordinance No. 20833 on November 21, 1989 for
the consideration of the Lessee, Marine and Industrial Supplies, Inc., dba Professional
Marine Service and Supply, Inc., conveying by Bill of Sale all the personal property listed
on Exhibit "1" attached to the Bill of Sale. A copy of the Release and Bill of Sale are
attached as Exhibit "A" and "B", respectively.
SECTION 2. If the Bill of Sale is not executed or in any manner is ineffective
to convey lien -free title to the property listed on Exhibit "1", then this termination is void
and the Lease continues in effect until the original expiration date of March 1, 1997.
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 immediate
action necessary 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 an emergency measure this the it,
day of \ �ii_G jh �,(/14') , 19 7 /_
AITEST: THE CITY OF CORPUS CHRISTI
idhuesi---tC/
Armando Chapa, City ecretary
APPROVED: � DAY OF --41 crJ, 19 `ta-
JAMES R. BRAY JR., CITY ATTORNEY
BY: L LK Cuacu�C
Assistant City Attorney UU
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«QEILMEL
1
RELEASE
STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS, Marine and Industrial Supplies, dba Professional Marine Service
and Supply, Inc. ("MIS") has a lease obligation to offer certain services in the Corpus Christi
Marina until March 1, 1997; and
WHEREAS, MIS has a lease obligation to pay the City of Corpus Christi
("City") certain rental payments until March 1, 1997; and
WHEREAS, the City is willing to terminate said Lease in return for the
conveyance of certain equipment;
NOW, THEREFORE, the parties agree as follows:
1. City releases MIS from all obligations under the Lease and terminates the
Lease effective upon Council authorizing said termination by Ordinance.
2. MIS releases City from all obligations under the Lease.
3. MIS conveys and contemporaneously executes a BILL OF SALE to City for
all equipment listed on the attached Exhibit A.
4. MIS represents that all equipment conveyed is lien -free.
5. Failure to convey lien -free equipment as required in 3 and 4 above invalidates
this Release and Reinstates the Lease and all obligations thereunder in full.
CITY OF CORPUS CHRISTI
ATTEST:
Armando Chapa, City Secretary
APPROVED AS TO FORM:
JAMES R. BRAY JR., CITY ATTORNEY
i
ison Gall. ay
Assistant City Attorney
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Juan Garza, City Manager
MARINE & INDUSTRIAL SUPPLIES, INC.
dba Professional Marine Service & S •ply, Inc.
By
Naj -.
Title: £-' LLd.
ESL,. b. 4- Ar.
BILL OF SALE
STATE OF TEXAS
COUNTY OF
KNOW ALL BY THESE PRESENTS:
That I, Marine and Industrial pplies, Inc., dba Professional Marine Service &
Supply, Inc. Seller, of 17,146 'had (address),
ties c/ (County), Tas, in consideration of the City of Corpus
Christi terminating that certain Lease with an expiration date of March 1, 1997, authorized
by the Corpus Christi City Council in Ordinance No. 20833, do hereby sell and transfer to
the City of Corpus Christi, Buyer, of 1201 Leopard Street, Corpus Christi, Nueces County,
Texas, 78401, its successors and assigns, the personal property described on the attached
Exhibit A, which is located in Nueces County, Texas.
Seller warrants that it is the lawful owner in every respect of all of the described
property and that it is free of all liens, security agreements, encumbrances, claims, demands
and charges of every kind whatsoever.
Seller binds Seller, its successors and assigns to warrant and defend the title to all
of the described property to Buyer, its successors and assigns, forever against every person
lawfully claiming the described property or any part of it.
This Bill of Sale shall be effective as to the transfer of all property listed on the
attached Exhibit A as of . �it,p-#. �, , 1992.
Signed this
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, 1992.
MARINE & INDUSTRIAL SUPPLIES, INC.
dba Professional Marine Service & Supply, Inc.
By
Nam
Title:
Exl.4rt.
1
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF GALLAS
This instrument was acknowledged before me on November 9th , 1992 by
Marguerite F. Ellsberry (name) as President & Treasurer (title) of Maxine
and Industrial Supplies, Inc. dba professional Marine Service and Supply, Inc., a Texas
corporation on behalf of said corporation.
fi./Olur (nn
Notary Public, Stat of xas
Sharon J. Youngblood
Type or Print Name of Notary
My Commission Expires: April 11, 1995
EXHIBIT A
One (1) 1981 Marine Travel Lift 30,000 lb. capacity - Serial #
1720-781
All* screw type boat stands
All* wood blocks
All* wheeled cradles
All* skidded cradles
All* scaffolding
All* sawhorses
All* ladders
All means all of each listed item presently
located at the premises on the Corpus Christi L -
Head currently under lease to Marine &
Industrial Supplies, Inc.
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CORPUS CHRISTI, TEXAS
�L. day of lit'iiliyl,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,
COUNCILMEMBERS
MAYOR
THE CITY bi CORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
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