HomeMy WebLinkAbout12673 ORD - 07/02/1975• jkh:6- 17 -75; 1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT- !
W1TH F. J. Graham dba Graham's Bait Stand
CONCERNING USE OF TRACT 3 OF THE COASTAL PUBLIC
LANDS, BEING SITUATED ON THE rntracoastal Canal
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 F. J. Graham dba Graham's Bait Stand
concerning use of Tract 3 of the Coastal Public Lands, being situated
on the Southwest side of the Intracoastal Canal _ 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
i"
of which, in substantially the form attached hereto, marked Exhibit "A ", is
made a part hereof.
1"
12673
AGP,EEMENT
THE STATE OF TEXAS x
KNOST ALL MEH BY THESE PRESENTS:
COUNTY OF NUECES X
THIS AGRE -EMNT 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. F. J. Graham, DBA Graham's Bait Stand, hereinafter referred to
as Operator, and for such,
WITHESSETH
1. That in consideration of the covenants herein. contained on
the part of Operator to be kept and performed, City does hereby grant to
Mr. F. J. Graham, DBA Graham's Bait Stand, a non - exclusive franchise for
the purpose of building and operating a bait stand business to furtha)F
public recreation in the Coastal Public Lands described as Tract* 3
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 heretb as
Exhibit "B ", and to all provisions of TEX, REV. CrV. STAT. AN. *ART. 5415e -1.
This agreement is subject to the approval of the Texas School Land Board_
3. The term of this agreement shall be for a period beg�n*;ngg
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 bf
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 LanJ Board for the exploration
for and development of oil, gas; minerals, and /or other energy sources at
any time during the term hereof.
6. City reserves the right to at any tiria 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. for and in consideration of this agreement, Operator hereby
covenants and agrees with anal to City that it will pay to City at Corpus
Christi, Texas, the amount of One Thousand and•EiQfity, - - ..
($1,080.00 -- ; ) Dollars per year, or
one per cent of the gross sales and receipts for the year, whichever is
greater_ payments shall be made by Operator for each calendar nontb.in.
the amount of one - twelfth of the annual'amouat 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 March, June, September, and December, of the gross sales and
receipts for the preceding quarter. If Operator shall knowingly furnish
any incorrect statement of gross sales and receipts, this will. constitute-
default on the part of Operator entitling City at its option to declare
this Agreement terminated. Any such report which 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 to have been
knowingly and falsely furnished by him, and City in order to exercise '
its option of termination shall only be required to establisb..such
falsity and shall not be required to establish actual knarledge 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
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 governments. A reckoning shall be made at the end of each
calendar year, and Operator agrees to pay any additioaal'amoumt owed City
within 30 days of billing by City. Operator agrees that the amount to be
paid nay be increased, at the option of City, at the end of calendar
year
1977, and again at the end of each succeeding Mro -year period, by am
amount not to exceed twenty percent (20 %). The increase may 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-
8. 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 Ordinance, and all other applicable laws and ordinances. It is
agreed and understood that all construction aad 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 unless Operator obtains a written waiver of this requirement from
City.
10. Operator agrees to maintain secaage disposal,facilities'in
compliance with all applicable laws and regulations. In this connection,
Operator agrees to obtain a written statement at least once per'year' 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. 7n the event that existing
septic tank facilities fail to be approved, then Operator'anrees 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 sewer services if said services'-become 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 waters within 'Or immediately adjacent to the-premises
Operator further agrees to construct adequate dikes around fuel storage
facilities or othertrise protect adjacent waters from contamination frpm
potential spills of fuel.
-4-
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 ii tnin or immediately adjacent to the shoreline of the premises.
12. Lessee agrees to provide its services to the public and to
be open for Sa;iness according to the following .schedule :'
DAY OF THE 16TEEK TILE EXCEPTIONS -
Sunday
.Monday
Tue$day=
Wednesday
Thursday
Friday
Saturday
6 :00 a.m. to 12:00 p.m:' Closed is Sad TTzatheh
6 :00 a.m. to 12 :00 p.m.
6:00 a.m. to 12 :00 p,-m,
6 :00 a.m. to 12:00 p.m,
6:00 a.m. to 12:00 p.m.
6:00 a.m. to 12:00 p.m.
6 :00 a.m. to 12 :00 o.m.
Operator agrees to deviate from the foxegoing schedule only after obtaining
written permission from City.
13. It is expressly understood•that City shall-have the'�c•ight to
enter the premises at reasonable flours to inspect facilities aad.otherwise
determine Operator's compliance with the .Agreement.
14. Operator agrees to post in a conspicious place at evary
location where merchandise is sold, or fees' are to be cha =ged, a schedule of
price: which are not in excess of those charged under similar conditions
elsewhere within the City limits of.the City of Corpus Christi_
15. All improvements on the premises shall be the securiiy for
prompt payments hereunder, and as a consideration for this Agreement,
Operator agrees that all homestead exemption be vzive8. It is understood
and agreed that, in the event of default in the payment of any amouat 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
1av in the carrying out of this Agreement, then and from thenceforth
this Agreement shall be terminated and the full aaourt 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 said 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 to any person or property in-or upon the Coastal.Public
Lands hereinabove described. Operator hereby consents and agrees to assume
all liability for or on account of any injury, loss or damage above.des-
cribed, and to indemnify 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- imperfection 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 m;idmum sum
of $100,000 for personal injury and $5,000 for property damage,'in a company
or companies 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 front facilities.
EXECUTED this the day of -' " " ' , 19. '
ATTEST: CITY OF CORPUS CMSTI
APPROVED:
- Day
City Attorney
BY
R. Marvin To�rosend
City Manager
F. J. Crnh m
CITY
OPERATOR
f "VISED MAY 2, 191P
TRACT NO. 3
A tract or parcel of land and /or water being on the Southwest side
of the Intracoastal Canal Crossing on Padre Island Causeway, and
being more particularly described as follms:
BEGINNING at a point which is in the centerline of the Padre Island
Causeway Right -of -Way and the center of Trestle "B ", being also the
center line of said Intracoastal Canal;
THENCE N. 640 03' W. along the center line of the Padre Island
Causeway Right -of -Way a distance of 200 feet to a point;
THENCE S. 250 57' W. a distance of 70 feet to a point Which is -
the most easterly corner of Tract No. 3;
THENCE continuing S. 250 57' W. a distance of 225 feet to the
most southerly corner of Tract No. 3;
THENCE N. 640 03' W. a distance of 300 feet to the most westerly
corner of Tract No. 3;
THENCE N. 250 57 E. a distance of 225 feet to the most northerly
corner of Tract No. 3;
THENCE S. 640 03' E. A distance of 300 feet to the most easterly
and beginning corner of Tract No. 3 for a closure of this tract.
CONTAINING 1.55 acres of land and /or water, more or less.
7
h
V
nt
I
RE//SEO MAY is, 1s7s-
1
•C h `1 M
V
Ks N
J
0
�ba 1
C
� Asa
\r'c
A
iC�� ✓e Va17
1 T = B5Lt0'
P1.= /93,�5AG3
2//
5lP 7/4/14.00 � /�frveosfa /Co�w/dTr�sdle=
1
1
V
O -
/JiJTd .PEfE,PENCE=
Ak/eces C04117111 Cngineerl,�q 10e,0
P17h 101M'VJ77op Z/O 933 /039
Fetlised dale iJuq. 1997
1
1
510.240:* 0 %00 fJegin Tresf /e C'
Tres //e C
5lp 247f 4T.00 end TreSi /P C
ScQ /e �,