Loading...
HomeMy WebLinkAbout13069 ORD - 03/17/1976JKH:hb:3 /3/76:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH Gordon W. Billings'DBA'Billirigs' Bait Stand CONCERNING USE OF TRACT " '14 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE Intracoastal 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, PARKED EXHIBIT 'W', IS MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEYAS: SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with Mr. Gordon W. Billings, DBA Billings' Bait Stand concerning use of Tract 14 of the Coastal Public Lands, being situated on the Northeast 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 of which, in substantially the form attached hereto, marked Exhibit 'W'. is made a part hereof. 13069 I• THE STATE OF TEXAS COUNTY OF NUECES AGREEMENT II II KNOW ALL MEN BY THESE PRESENTS: II - THIS AGREEMENT is made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter referred to as City, pursuant to a Resolution authorizing this Agreement, and Gordon W. Billings, d /b /a Billings Bait Stand, hereinafter referred to as Operator, and for such, WITNESSETH• 1. That in consideration of the covenants herein contained on the part of Operator to be kept and performed, City does hereby grant to Gordon W. Billings, d /b /a Billings Bait Stand, a non- exclusive franchise for the purpose of building and operating a bait stand business to further public recreation in the Coastal Public Lands described as Tract zzjk 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 Texas School Land 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. The City may terminate this Agreement by giving notice to the Operator of its intent to do so at least one year in advance of the date of termination. Operator may terminate this Agreement by giving notice to the City of its intent to do so at least thirty (30) days in advance of the date of termination. Both parties mutually agreeing may terminate this Agreement at any time. I Tt �A ti 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. 6. 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 purpose and the common good, subject to renegotiation of this Agreement and provided further that Operator will be compensated for any material destruction or taking' of improvements as a result of boundary alteration. 7. For 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 EIGHTY SIX AND N01100 ($86.00) DOLLARS per month. Payments shall be made by Operator for each calendar month in the amount of one - twelfth of the annual amount due, and said monthly payments shall be due on the 20th day of the follow- ing month. Operator agrees to submit to the City a true and accurate copy of the State of Texas Quarterly Sales Tax Report (Form , such forms to be furnished by the City) within 30 days after such reports are filed with the Governmental authority. City and Operator agree that the method of calculating the amount to be paid as lease payments hereunder, may be renegotiated at the option of either party, at the end of the calendar year 1977, and again at the end of each succeeding two -year period, but in no event will any single increase in lease payments exceed twenty percent (20 %) of the current lease payments. 8. Operator covenants that it will not assign this Agreement nor subcontract the use of the whole or any part of said premises, other than in the normal course of business, unless it has first obtained the written permission of the City. It is agreed and under- stood that temporary renting of boat stall, moorings, or yardage constitutes the normal course of business of Operator, and does not constitute subcontract or assignment of the leased premises. -2- 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 and repairs of buildings and structures and equipment installation shall be at the expense of Operator. Building previously painted, or made of a material requiring painting, shall be painted at intervals not to exceed two (2) years, unless Operator obtains 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 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. In 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 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 otherwise protect adjacent waters from contamination 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 Resolution No. 11768 by maintaining the premises so as to be clean and have a pleasing appearance. Operator agrees to -3- maintain regular garbage collection.services, using either the services of the City of Corpus Christi Sanitation Division, or the services of a solid waste contractor holding a City of Corpus Christi Solid Waste Permit; and to prevent the accumulation or storage on the premises of any "abandoned" motor vehicle or boat, ice box, refriger- ator, stove, glass, building material, rubbish or similar items. Operator 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. 12. Operator agrees to provide its services to the public and to be open for business according to reasonable business hours con- sistent with the business hours of other Operators in the immediate area, current business demand and good practice. 13. It is expressly understood that City shall 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 each location where merchandise is sold, or fees are to be charged, the price or cost of such merchandise or service, 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 security for prompt payment of accrued lease payments hereunder, and as a condition for this 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 failure of the 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, at the option of the City, this Agreement shall terminate, provided however, that the City shall have given written notice to the Operator of the default claimed and Operator has not cured such default within thirty (30) days of the giving of such notice. It is further understood and agreed that in such event, all buildings and improvements on -4 the premises shall remain as attached to the land and be and become the property of the City to secure payment of all unpaid, accrued lease payments, but not otherwise, unless Operator, within 120 days from the date of re -entry by the City shall pay all unpaid and accrued lease payments then in default at the date of re -entry to the City; and the 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 damage 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 described, 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, drive- way, 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 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 waterfront facilities. 17. It is further agreed and understood that in the event of a constructive eviction due to natural disaster, act of God or any other cause beyond the control of either party to this Agreement, Operator's lease payments hereunder shall abate and cease until Operator shall have substantially restored the lease premises to a condition necessary to operate the business; provided Operator begins such restoration timely and prosecutes such restoration with -5- reasonable diligence, and provided further that in no event shall lease payments abate for a period after each disaster aforesaid of longer than 180 days. EXECUTED this the day of , 1976. ATTEST: CITY OF CORPUS CHRISTI APPROVED: day of City Attorney By R: M vin Townsend, City Manager OPERATOR By Gordon W. Billings, d/b a Billings Bait Stand -6- NUECES COUNTY P A R K BOAR D TRACT No, 14 Rev. Jan. 1969 Scale, This LeaseTractl4 O v 3 tr h Nu a C N N U1 O p 1 o ck: �- Ole— Existinq Boat] d •COASTWAY v Ramp, a / %l' 1_ A Arco, it • c c 2 74AL F O y� • ouf M o0 4.f9.96 uj ui ' N John . Kenn,d e m ortal ouaewo INTRACOASTAL —BR` NUECES COUNTY P A R K BOAR D TRACT No, 14 Rev. Jan. 1969 Scale, • REVISED MAY 19, 1975 TRACE No. .14 A tract or parcel of land and /or water being on the Northeast side of the Intracoastal Canal Crossing on the Padre Island Causeway, same being located East of Tract No. 8, and being more particularly described as follows: BEGINNING at the center line of Padre Island Causeway Right -of -Way and the center of Trestle "B ", being also the center line of said Intracoastal Canal; THENCE S. 640 03' E. with Causeway Right-of-Way center line a distance of 1016.95' to a point; THENCE N. 250 57' E. a distance of 139.0' to a point whirh is the most Southerly comer of Tract No. 8, for the point of beginning of this description, and also the most Westerly corner of this tract; THENCE continuing N. 250 57' E. a distance of 141.2 a point which is the roost Northerly corner of this description; THENCE. S. 640 03'. E. paralleling Causeway Right -of -Way center line a distance of 137.0' to a point which is the most Easterly corner of this description; THENCE S. 250 57' W. a distance of 80.2' to the most Southerly corner of this description, same being 200' from Causeway center line; THENCE N. 640 03' W. paralleling Causeway Right -of -Way center line, a distance of 50' to a point; THENCE S. 840 54' 10" W. a distance of 106.25' to the most Westerly corner and place of beginning of this description. CONTAINING 0.313 acres, more or less. b V V G NN P/ b/ �r �1 e0 ry H T3 N ILI c � o V � Z - o la \pro \ Car ve /-2a /o A . 33'03' /1 =2• T = 950.0' / /c1a -30' ,P =29c4.B0' Pl.- /9S�S4•G3 9 - - -- 2//d //Oa e9 1;7 7-.-51/C � /4 / /oao � /nfrocoslo /Cana / 'Tres / /e!� z/7fl7.aa end Tresi /e i o I D/JT,O .PEFErlENCE d/ueces Counly Engi�ecrir/q Depf. FI,7hf of &,7V map .Uo- D33 /O3B. .Pete %5ed do% /Juq. /�G7. i i 4ey1r3 12- fdo tO %ao /Je,07 Tresf /e C' esf /e C 24?/ 47.00 End Trey //e C' COASTAL PUBLIC LAUDS LEASE [IO_ L -10010 STATE OF TEXAS COUNTY 01' TPAVIS x =21 cO 00 1 74 0.4mr_i L -n: 0•. ^r_e The parties to this lease are the School Lard 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 sat forth in the Coastal Public Lands Mainagement Act bf 1973, TEX_ REV_ CIV_ STAT. A \R_ art_ 5415e -1, §8(a) (1) and 93 (b) (4) The term of this lease is five -(5) years from the date hereon: Either party hereto may terminate this lease by giving - notice to the other party 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 TEY_ REV_ -CIV. STAT_ P12114_ art. 5415e -1, the Coastal Public Lards described as Tract No_ 1, Tract No_ 2, ana Tract 17o_ 3 on Exhibit A attached hereto and .made a part of this Lease Agreement. The Coastal Public Lands contemplated by this lease are enxpressl subject to lease by the School Land Board fdr the exploration for.ana 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 date hereof, or the next business day thereafter, if tPe 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 pe;. cent (33 -1/311) of the gross revenues derived by LESSEE frog and paid to it by virtue of contracts or franchise agreements enteree into by LESSEE to promote public recreation upon the hereinbefore described Coastal Public Lands_ It is further understood and -agreed that twenty = ATTEST= M V r APPROVED- J_'Mes R_ Riggs / _,A-ity Attorney / THE STATE OF TEAS X COUNTY OF TRAVIS X • CITY OF CORPUS CHRISTI R_ Marvin Townsend City Manager BEFORE. VIE, the undersigned authority; on this day pers6ti4ily appeared BOB ARVISTRONG, Chairman of the School hand Board of the State of Te7_as, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and 'acY.r_owledgea. . 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 consideration therein expressed and in the capacity therein stated_ GIVJ UNDER 13Y HAND AND SEAL OF OFFICE, this the day of . t.t. •`• •Illy,' . E No Lary public in and tar TRAVIS COUNTY, TEXAS THE STATE OF TEXAS COLW Y OF VUECES X. BEFORE ME, the undersigned authority, on -this day personally appeared R_ MARVIN TOWNSEND, City Manager of the City of.Corpus. Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instriLnent, 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- GIVyW UNDER MY FiP-.ND ACID SEAL OF OFFICE, this the C--,C4' day of LC,_6_F -c-.. , 1974_ Notary Public in and for NUECES COUNTY, TEXAS -3- .I.t.. _. ... -...t _ THAT THE FOREGOING ORDINANNgC�E %AS READ F THE FI ST TIME A D TO ITS SECOND READING ON THIS THE J FOLLOWING VOTE: DAY OF 19 BY 7HE PASSED JASON LueY DP. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE fAD.FQa E BE NO TIME AN PASTED TO ITS THIRD READING ON THIS THE �DAY OF FOLLOWING VOTE: �9�BY THE JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOR GOING ORDI FINALLY ON THIS THE DAY 0 E THIRD TIME AND PASSED 7,40 BY THE FOLLOWING VOTE! JASON Lay DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, THIS THEJ_7WDAY OF i9� � ATTEST: Jj CITY SECRETARY M D: Y OF 191 NTYATTORNEY MAY THE CITY OF CORPUS CHRISTI, TEXAS