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.
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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.
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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
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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
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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
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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
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NUECES COUNTY
P A R K BOAR D
TRACT No, 14
Rev. Jan. 1969
Scale,
This LeaseTractl4
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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.
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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