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HomeMy WebLinkAbout12672 ORD - 07/02/1975jkh:6- 17 -75; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ADOLPH WITTNER, DBA Witt's Bait and Tackle, CONCERNING USE OF TRACT 10 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE Humble Channel CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET-FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERE - TO, MARKED EXHIBIT "A ", IS MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with Adolph Wittner, dba Witt's Bait and Tackle concerning use of Tract 10 of the Coastal Public Lands, being situated on the Southeast side of the Humble Channel crossing on Padre Island Causeway (John F. Kennedy Causeway), for purposes of operating a bait stand business, all as more fully set forth in,the agreement, a copy of which, in substantially the form attached hereto, marked Exhibit "A ", is made a part hereof. 12672 B AGREEMENT THE STATE OF TEXAS - x KNU4 ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X THIS AGREEMENT is made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation, hereafter re- ferred to as City, pursuant to a Resolution authorizing this Agreement, and Mr. Adolph Wittner,DBA Witt's Bait & Tacklg hereinafter referred.to as Operator, and for such, 14ITNES SETS 1. That in. consideration of the.covenauts hereim contained' on the part of Operator to be kept and performed, City does ' hereby -grant,to Mr. Adolph Wittner DBA Witt's Bait. & Tackle a non- ixclusive franchise for the purpose of building and operating a bait stand business to further public recreation in the Coastal Public Lauds described as Tract "lA . on Exhibit "A'.attached hereto and made a part of this agreement. .2. This agreement is subject to all provisions of'Coastal Public Lands Lease No. L -1000, a copy of which is attached hereto as Exhibit "B ", and to all provisions of TEX, REV. CIV. STAT. ANN. ART. 5415e -1. This agreement is subject to the approval of. the* Tezas'Schobl'Laud Board- -.3. The term of this agreement shall be for a period beginning on the 61st day following the date of final adoption of the Ordinance authorizing this agreement and ending on October 24, 1979.. operator shall have the option to renew this agreement for an additional five -year period subject to City successfully obtaining the authorization, from the State of Texas to so extend the agreement. 4. Either party hereto may terminate this agreement by giving notice to the other party of intent.to do so at least one year in-advance of the date of termination. Both parties mutually agreeing may terminate this agreement at any time. .5. The Coastal Public Lands contemplated by this agreement are expressly subject to lease by the School Land Board for the exploration for and development of oil, gas; minerals, and /or other energy sources at any time during the term hereof. G. City reserves the right to at any time alter the boundaries of the premises and to designate access and utility easements within the premises when necessary for public purposes and the common good, subject to renegotiation of this agreement. 7. J:or and in consideration of this agreement, Operator hereby covenants and agrees with and to City that it will pay to City at Corpus Christi, Texas, the amount of Eight Hundred and Sixty Your ' ($ 864.00 ) Dollars per year, or one per cent of the gross sales and receipts for the year, uhlchevzr is greater. Payments shall be made by Operator for each calendar month-in the asnant of one - twelfth of the annual•amount due, and said monthly pay- ment shall be due on the 20th day of the following month. Operator agrees to submit a report to City, accompanying the monthly payments for the .months of Mcch, June, September, and December, of the gross-sales and receipts for the preceding quarter. If Operator .shall knowingly furnish any ir:correct statement of gross sales and receipts, this will constitute default on the part of Operator entitling City at its optioa.to declare this Agreement terminated. Any such report cvhicb.shall understate the gross sales and receipts for any month by as much as ten percent (10%) of the true amount thereof shall be conclusively deemed t6 have been' knaaingly and falsely furnished by him, and City in order to exercise its option of termination shall only be required to establish such falsity and shall not be required to establish actual knowledge on the part of Operator of such falsity. Operator agrees that Operator's cash register and all records relating to Operator's business shall be.subject to the examination and audit by City at any time. Operator further .agrees I ' to provide copies of sales tax reports and income tax statements to City within 30 days after such reports and statements are filed with the State and Federal governr,.ents.. A reckoning shall.be made at the end of each calendar year, and Operator agrees to pay any additional amount owed City within 30 days of billing by City. Operator agrees that the amount to be paid may be increased, at the option of City, at the end of calendar year 1977, and again at the end of each succeeding two -year period, by an amount not to exceed twenty percent (20 %). The increase nay be applied to either the flat monthly-rate or to the per cent of gross sales and receipts, or to both, at the discretion of City. 3. Operator covenants that'it will not assign this Agreement nor subcontract the use of the whole or any part of said premises unless It has first obtained the written permission of City. 9. Operator may construct or demolish buildings and structures, or extend and improve existing buildings and structures, provided that Operator first obtains the written approval of City for each specific Project. Operator shall construct and repair all improvements and install all equipment in compliance with the City of Corpus Christi Building.Code, Electrical Code, Fire Prevention Code, .Plumbing Code, Zoning 00inance, and all other applicable laws and ordinances. it is agreed and understood that all. construction and repairs.of buildings and structures and equipment installation shall be at the' expense of Operator. .Buildings shall be painted at intervals not to exceed two years ial.ess Operator obtains a written waiver of this requirement from City. 10. Operator agrees to maintain sewage disposal-facilities in compliance with all applicable laws and regulations. In this connection, Operator agrees to obtain a written statemeat.at least once per yea= from the City of Corpus Christi — Nueces County Health Department reporting the conditions and- acceptability of sewage disposal facilities, and to provide a copy of said written statement to City. Ia the event that existing septic tank- facilities fail to be-approved, then operator'agrees to install holding tanks of a size to be approved by City and to procure regular servicing in.accordance with.a'schedule approved by City. Operator further agrees to procure sanitary se:.rer services if said serv.Ices-.beco=L- available to the premises, and to connect.all.toilet drains and other sewage lines within ninety days after sanitary sewer service becomes: available. Operator agrees to prevent the unauthorized discharge of any sewage -or debris onto the ground, or into the water's witbin or immediately adjacent to the premises. Operator further agrees to construct adequate dikes around-fuel storage facilities or otherwise, protect adjacent waters from'contamivation from potential spills of fuel. 11. A copy of City Council Resolution No. 11768 is attached hereto as Exhibit "C ". Operator agrees to carry out the spirit and intent of said Re solution No. 11768 by maintaining the premises so as to be clean and having a pleasing appearance. Operator agrees to maintain regular garbage collection services, and to prevent the accumulation or storage on the premises of any abandoned motor vehicle or boat, ice box, refrigerator, stove, glass, building material, rubbish or similar items. Lessee agrees to prevent the accumulation of any junk, trash, or other debris in the waters within or immediately adjacent to the shoreline of the premises. 32. Lessee ao ees'.to provide its services to the public and to be open for business according to the following schedule: DAY OF THE IMM ' TI14E 'EXCEPTIONS Sunday Sunrise to Sunset Closed in Bad Weather. Monday Sunrise to Sunset Tuesday Closed Wednesday Closed Thursday Sunrise to Sunset Friday Sunrise to Sunset Saturday Sunrise to Sunset Operator agrees to deviate from the foregoing schedule only after obtaining } written permission from City. 13. It is expressly understood that City sha2.1 have the right to enter the premises at reasonable hours to inspect facilities and otherwise determine Operator's compliance with the Agreement_ 14. Operator agrees to post in a conspicuous place at every location where merchandise is sold, -or fees are to be changed, a schedule,of prices which are not in excess of those charged under'simil ar conditions elsewhere within the City limits of the City of Corpus Christi. 15. All improvements on the premises shall be the security for prompt payments hereunder, and as a consideration for tbis Agreement, Operator agrees that all homestead exemptions be waived_ It is understood and agreed that, in the event of default in the payment of any amount due, or in the failure of Operator to keep any of the covenants or agreements herein, or upon the violation by Operator of any city ordinance or other law in the carrying out of this Agreement, then and from thenceforth this Agreement shall be terminated and the full amount due hereunder shall become payable immediately. It is further understood and agreed that in such event all buildings and improvements on the premises shall remain as attached to the land and be and become the property of City unless Operator, within sixty days from the date of re -entry by City shall pay all payments then in default at the date of re -entry to City; and City shall at once have all right of re -entry upon -sai.d-premises and possess, have and enjoy the same which it would have upon the expiration of this Agreement by lapse of time. 16. It is.further agreed and understood that City shall not be liable.to Operator, or to any-other person whatsoever, for any injury, loss or damage to any person or-property iu-or upon the Coastal Public Lands hereivabove described. Operator,hereby consents and agrees to assume all liability for-or oa.iccount of any injury, loss or damage above des - -cribed, and to indemai.fy and forever hold harmless City against each and every claim, demand-or cause of- action that may be made against City by reason of or in any way arising out of any defect or'imperfectioa in any building, pier. wharf, sidewalk, driveway, street, or any other structure in or upon the Coastal Public Lands hereinbefore described. Operator - agrees in this connection.to carry public liability insurance in the - -minimum sum of $100,000 for personal injury and $5,000 for property damage,* in a company or campanies'acceptable to City, with a loss payable clause making City an - additional insured, and to maintain a copy of-said insurance policy on file with City. Coverage of said insurance shall include the' entire premises including piers, wharfs, and any other water'froat facilities. EXECUTED this the ..... .... day of'*-' f " 19 .ATTEST: CITY OF CORPUS CHRISTI APPROVED: Day of . . . City Attorney R. Marvin Townsend City Manager CITY Adolph '.:ittner OPERATOR REVISED 4UNE 12, 1975 TRACT N0. 10 A tract or parcel of land and /or water being on the Southeast side of the Humble Channel Crossing on Padre Island-Causeway and being more particularly described as follows: BEGINNING at a point which bears S. 610 00' E., 180' from the East end of the original bridge at Humble Channel, and on center line of Causeway Right -of -Way; THENCE S. 290 00' W. at right angles to center line of Causeway Right -of -Way 130' to the most easterly corner and the point of be- ginning of this description; THENCE continuing along the same course S. 290 00' W., a distance of 130' for the most Southerly corner of this description; THENCE N. 560 42' W. a distance of 400.13' to the most Westerly Corner of this description; THENCE N. 290 00' E_ at right angles to said causeway, a distance of 120' to a point, which is the most Northerly corner of this description; THENCE S. 610 00' E., parallel to and 110' Southwest of the center line of said causeway a distance 0f 175' to a point; THENCE N. 290 00 E. at right angles to said causeway a distance of 50' to a point; THENCE S. 610 00' E., parallel to and 60' Southwest of the center line of Causeway Right -Of -Way, a distance of 50' to a point; THENCE S. 290 00' W_ at right angles to center line of Causeway Right - of -Way 70' to a point; THENCE S. 610 00' E., parallel to and 130' Southwest of the center line of said causeway a distance of 174' to the most Easterly .corner and point of beginning of this description. CONTAINING 1.151 acres of land and /or water, more or less. COASTAL PUBLIC L_ AIDS LEASE Uo_ L -1000 REC171 COASTAL PUBLIC LANDS LEASE I ?O_ L -LOCO t(, T 1 � 7 1974 STATE OF TEXAS X COUNTY OF TRAVIS X A The parties to this lease are the School Land Board of the State-of Texas, -LESSOR, and the City of Corpus Christi, Nueces County, Texas, LESSEE_ This lease is made under the authority of and for the pur- poses set forth in the Coastal Public Lands Management Act bf 1973, TEX_ REV. CIV_ STAT. AN13. art. 5415e -1, §8(a) (1) and 98 (b) (n) The term of this lease is five-(5) years from the date hereof. Either party hereto may terminate this lease by giving notice to the other par' Ly of intent to do so at least one year in advance of .the date of termination- For and in consideration of the covenants herein contained on the part of LESSEE to be kept and performed, LESSOR does hereby lease unto LESSEE, subject to all provisions of TEX_ REV_ CIV_ STAT_ AIM- art. 5415e -1, the Coastal Public Lands described as Tract No.'l, Tract No_ 2, ana Tract ado. 3 on Exhibit A attached hereto and made a part of this Lease Agreement_ The Coastal Public Lands contemplated by this lease are e�- .pressly subject -to lease by the School Land Board for the. exploration for and development of oil, gas, minerals, and /or other energy sources at any time during the term hereof. For and in consideration of this lease, LESSEE hereby covenants and -agrees with and to LESSOR that it will during the term of the lease pay to LESSOR at Austin, Texas, on the ninetieth day after .the data hereof, or the nest business day thereafter, if the same falls on a Sunday or legal holiday, and every ninetieth day there- after until the termination of this agreement, thirty -three and one- third Der cent (33- 1/3P�-) of the gross revenues derived by LESSEE from and paid to it by virtue of contracts or franchise agreement, entered into by LESSEE to promote public recreation upon the hcrcinbeto=e described Coastal Public Lands_ � � i is ?•7.S ffegi� Cousesr�oy /0/ ///.5o 4;!Y /c7imlle I//70' TrPSf/P ,oc. 51117 11119 /ss acr c 16iJ /T 57,4110V L,Eial6F I o D�Ti1 .Prr�rri=,vcr = 1JZ1eCPS Couofy E79:i7eerd7q 0e01 f' ,P :qhf of P ✓oy gJoo .Uo. />33 �o3e, \� r � t o a ao�ww is ?•7.S ffegi� Cousesr�oy /0/ ///.5o 4;!Y /c7imlle I//70' TrPSf/P ,oc. 51117 11119 /ss acr c 16iJ /T 57,4110V L,Eial6F I o D�Ti1 .Prr�rri=,vcr = 1JZ1eCPS Couofy E79:i7eerd7q 0e01 f' ,P :qhf of P ✓oy gJoo .Uo. />33 �o3e, It is further_ understood and agreed that twenty-five per cent (25') of the said 'gross revenues shall be placed in an interest - drawing special "account by LESSEE, consistent with the laws of the State, -for the purpose of future appropriation by LESSEE for planning, engineering and constructing public recreational facilities upon the hereinbefore described Coastal Public Lands; provided, that upon termination of the lease, any funds remaining in said special account, with accrued interest, will be remitted to LESSOR; provided further, that plans, drawings and description of any public recreational facilities funded out of said special account, shall be submitted to LESSOR for LESSOR'S approval before construction begins_ It is further understood and agreed that all books, records and ledgers kept by LESSEE relating to revenues derived by virtue of contracts or franchise agreements entered into by LESSEE to promote public recreation upon the hereinbefore described Coastal Public Lands, shall be made available to LESSOR upon request_ It is further agreed and understood that LESSOR shall not be liable to LESSEE, or to any other person whatsoever, for any injury, loss or damage to any person or property in or upon the Coastal Public Lands hereinbefore described- LESSEE hereby consents and agrees to assure all liability for or on account of any injury, loss or damage above described, and to indemnify and forever bold harmless LESSOR against'each and every claim, demand or cause of action that may be nade against LESSOR by reason of or in -any way . arising out of any defect or- imperfection in any building,. pier, wharf, sidewalk, driveway, street, or any other structure in or upon the Coastal Public lands leased hereby_ EXECUTED in duplicate originals this the 1, day -of 1974_ TTTEST_ SCHOOL LAND BOARD OF THE- �L Secretary of the School Land 13oacd STATE OF .iE7:AS i)- 6 /�, Bob "Armstrong, Chairs Iit ATTEST= / Iii ' : f �•1 -J� �� �tCl G_ "Read APPROVED= ' Janes R_ Riggs J, ,ti.ty nLtorr_ey / THE STATE OF TEMAS X COUNTY OF TRAVIS X CITY OF CORPUS CY!RISTI By R_ Marvin Townse:id ` City Manager BEFORE ME, -'_he undersigned authority, on this day personally appeared BOB AR1,1STRONLG, Chairman of the School Land Board of the State of Teaas, ]mown to me to be the person and officer whose name is subscribed to the foregoing instrrment, and "acknowledgea. to me that he executed the same as the act and deed of said School Land Board of the State of Texas for the purposes and consideratioa therein expressed and in the capacity therein stated- GIVE R UNDER Pig HAND AND SEAL OF OFFICE, this the ,J�� =.,' day ill' •• ,. j i %� JC - �:�•�i ::Notary Public in and for TRAVIS COUNTY, TEY.AS THE STATE OF TEXF)S ' '•i c` C 0frN Y OF VUECES X - 'BEFORE ME, the undersigned authority, on this day personally appeared R_ IMRVIN TOb•]NSEND, City Nanager of the City of -Corpus Christi, Texas, a municipal corporation, kno -ri to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capacity• therein stated_ GIVEN' UNDER MY" MID AND SEAL OF OFFICE, this the (',C.f day of 1974- Notary Public in and %or NUECES COUNTY, TEXAS _ ..: . .