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HomeMy WebLinkAbout13073 ORD - 03/17/1976JTHi:hb:3 /3/76:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH Eugene B. Olszewski,'DBA'B.G.'s Marina _ CONCERNING USE OF TRACT 6 - 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, MARRED EXHIBIT "P, 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 Eugene B. Olszewski, DBA B.G.'s Marina concerning use of Tract 1 6 of the Coastal Public Lands, being situated oa the Northwest 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 is made a part hereof. 13073 AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 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 Eugene B. Olszewski, d /b /a B. G.'s Marina, here- inafter 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 Eugene B. Olszewski, d /b /a B. G.'s Marina, 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 � 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. ,F)(4-S1t"A" 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 One Thousand Eighty and Nc /100 ($1,080.00) DOLLARS per year. 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 following 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. 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 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 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 3+ V rvin Townsend, City Manager ... AUTHORIZED OP OR BY COUNCIL.---- ............... uge B. Olszewski, a B. .'s Marina APPROVED: day of City Attorney -6- ( r REVISL MAY 5. 1975 TRACT NO. 6 A tract or parcel of land and /or water being on the Northwest side of Intercoastai Canal Crossing on Padre Island Causeway, and being more particularly described as follows: BEGINNING at a point 365' Northwest of center line at Intracoastal Waterway and 60' Northeast of renter line of the Padre Island Causeway Right -of -Jay. This point being the most Southerly corner of this tract; THENCE N. 640 03' W. a distance of 250' to a point. This point being the most Westerly corner of said tract; THENCE N. 250 57' E. a distance of 215' to a point.- This point being the most Northerly corner of said tract; THENCE S. 640 03' E. a distance of 250' to a point. This point being the most easterly corner of said tract; THENCE S. 250 57' W. a distance of 215' to a point. This point being the most Southerly corner of said tract and also point of beginning. CONTAINING 1..23 acres of land and /or water, more or less. f Aso r• I \ I p L \ ' \r g. Curds' 4ola r r �asaa' ,P a2BGJ.Ba' ' i PJ.rl�j }5QG8 Ll" 0 v V �t N o. 1 V1 Vry Z i O �c ?/4}/ ?.OD !LI,7 oeoslb/Cone/�'Tresfle� 217,91700 end Tress /e e V O dlueces Ca-nly �rigineerir�q Depf Afhf a/My mop .Uo. , Devised dote iJuq. 1967 1 EYN1917- 5 /a. 2s0 r 07.00 fJ�gin Trams } /r C `Tres //e C� 51x.24?} 4 %OD wed Tresf /e C' .= sv�sEO .�nrr is, is7� 5Cale: ! i LEM- M Ll" 0 v V �t N o. 1 V1 Vry Z i O �c ?/4}/ ?.OD !LI,7 oeoslb/Cone/�'Tresfle� 217,91700 end Tress /e e V O dlueces Ca-nly �rigineerir�q Depf Afhf a/My mop .Uo. , Devised dote iJuq. 1967 1 EYN1917- 5 /a. 2s0 r 07.00 fJ�gin Trams } /r C `Tres //e C� 51x.24?} 4 %OD wed Tresf /e C' .= sv�sEO .�nrr is, is7� 5Cale: rCOASTAL PUBLIC LAUDS LEASE 110. L -LOCO STATE OF TEXAS X COUNTY OV TRAVIS X The parties to this lease are the School.Land Board of the State of Texas,. LESSOR, and the City of Corpus Christi, Nueces County, Te;:as, LESSEE. This lease is made under the authority of and for the pur- poses set forth in the Coastal Public Lands Management Act 'of 1973, TEX. REV. CIV. STAT. ANN. art. 5415e -1, §8(a) (1) and 58 (b) (4) 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 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_ con.ained 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. ANN_ art_ 5415e -1, the Coastal Public Lands described as Tract No- 1 Tract No. 2, ar_it Tract No_ 3 on Exhibit A attached- hereto and made i part of this Lease Agreement. The Coastal Public Lands contemplated by this lease are express. subject to lease by the School Land Board fdr the exploration for ai development of oil, gas, minerals, and /or other energy sources at a. time during the term hereof. .For and in consideration of this lease, LESSEE. hereby covenant: and agrees with and to LESSOR that it will during the term of the le,ase.p <<y to LESSOR at Austin, Texas, on the ninetieth day after .the date hereof, or thn next business day thereafter, it the same falls on it Sunday or legal holiday, and every ninetieth day there- after until the termination of this agreement, thirty -three and one third 'per cent (33- 1/3C) of the gross revenues derived by LESSES frcr and paid to it by virtue of contracts or franchise agreements entccc into by LESSEE to pro Tote public recreation upon the hercina_Lore described Coastal Public Lands. _ _ v IL is. further" unCe::: tool and agreed tl ;at t%,.•enty -five per" cent: (25 ".).of the :aid 'gross revenues shall be placed in an inLerest- drawing special ,account by LESSEE, consistent with the laws of the SLatb, for the purpose of future appropriation by LESSEL•' for planniiig, 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 assume all liability for or on account of any injury, loss or damage above described, and to indemnify and forever hold harmless LESSOR against *each and every claim, demand or cause of action that may be Wade against LESSOR by reason of or in any way arising ouL• 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 day of `L t ems l' 'rJ , 1974- ATTEST: Secretary of the School Land Board SCHOOL LAND BOARD OF THE STATE OF TEXII; Bob 'Armstrong, Chairm. jn s ATTEST: APPROVED: James R_ Riggs iCity Attorney THE STATE OF TEXAS X COUNTY OF TPaVIS X CITY OF COR1PUS CHRIST 11. Marvin Townsend City Manager -fir. •� icTr?S'! BEFORE ME, the undersigned authority, on this day personally appeared BOB ARt•1STRONG, Chairman of 'the School Land. Board of the State of Te:cas, known to me to be the person and officer whose name is subscribed to the foregoing instru,aent, and acknowledged* me that he executed the sane as the'act and deed of said Schoc Land Board of the State of Texas for the purposes and consideratic therein expressed and in the capacity therein_ stated_ GIVEN UNnnR HY HAND AND SEAL OF OFFICE, this the ,vac= ` day of j,'= -" :; 1 . 197'4 zJ'J- QT. rifer 'rzNotary Public in and for n'•, �a .- TRAVIS COUNTY, TEXAS THE STATE OF TMAS COUNTY OF N'UECES X LEFORE ._E, the undersigned authority, on this day personally appeared R. f•LARVIN TOWNSEND, City tanager 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 inst.ru:iant, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi for the purposes aril consideration therein expressed and in the capacity therein stated_ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the (`,C - -� day of L( �. -� -li.c 1979. U' Notary Public in arct for NUECES COUNTY, TEXAS C E R T I F I C A T E E. Unite, Secretary of the School Lard Board of the State o` Texas, .do hereby certify that at a neeting of the School Land Board duly held on the lbthday or July 1974, the foregoing i nstrunient was presented to and approved by said Board under the provisions of Article 5382c, VCS', all of which is set forth in the Minutes of the Board of which I am custodian- 11-T TESTIaO\''i 1111EP.EOF, witness my hand this. the -25th day of October , 1974. Secr.eta.rylo the School. Land Board I A PFSOLUTION £%PRESSING THE CON -?2T Or 1[B CITY COLICL OF CORPUS CHRISTI TO r,.T'.04z. AND IMINiMN TTE %TTIt4CTIVE2'.ESS tub /t°_ST� ?ICS OF TUE V:LRIOUS y,iTRU��CEMVYS TO i1M CITY, SUM AS HIGHiT YS 77, 181, I.H. 37, Sm. 44, CPri °:LL7 P:L:CH RM, IMBER P.O.ID AND OLD BRO:TNSVILLE ROAD; A \D I71: _dri% E(FR .SSIRG T:L�T I—HIS CO:iCZRN BE, T,9IaN AS A SAT --ENT OF GMIT:1RAL POLICY TO CM. ' GUL7 ? ";CE A \D DIRECTION TO T� PjA- -M 4G CM ISSION 0D D1ucR t- DVIS03Y BOAP LZ TH IR D£LTBER`.TIONS; JLN DECLARJNG o;. MEPGMCY. 1,REAS, the City Council of the City of Carpus Christi, Texas, desires to iprove and maintain the attractiveness bed aesthetics of various entranceways to the City, suc h as 11i&ways 77 and 181, I.H. 37, S.H. 44, Chapman Ranch Road, Weber Road and. old Brownsville Road; and pmmLkS, the City Council desires that this concern be 'taken as a statement of general policy to give guidance and directions to the PlinS Coaaissi.on and other advisory boards in their dalibera`.4ons: NOW, TURSEORE, BE IT RESULVED BY THE CITY COUNCIL OE THE Ciry OF CORPUS CMSTI, TE%45: SECTION 1. That the. City of Corpus Christi hereby expresses its desire to j,:pzove and Minta =n ti:e attractiveness and aesthetics of the various entzzceWays to the City. SECTION Z. That the City Council further expresses its desire that this concern be taken as a statement' of general policy to give guidance and directiaa to the Playing Cc= fission snd other advisory boards in..their deliberations. improve and == %plain tha attracti 5£CTION 3. The necessity to ve =e< of the various entranceways to the City creates a public enaaroency and aa imperative public necessity requiring the sus2aasxoa of the Charter rule that no ordinance or resolution shall be passed finally on the date of its. Introduction but th�.t such ordinance or resolution sha ll be read at three d t`_:e T' =• or leaviug declared Suen several meetir_os of the City Council, an �! eyergency and necessity to exist, and having rcq_ested the suspeasicn of L fin,11• oa t::a date of the Charter rule acd that this resolution be passe' y r 1 X'VIA3'iT its introduction ,nd t--'.:e effect and be in full farce recd effect fro= and after its passage, IT IS ACCORDINCLY SO RESOLVED, this I: P- ay of Kovenber, 1973_ ATTEST: City Secret, iIAYOiL y THE CITY OF CORPUS CDRISTI, TMILS APPPE, --D: ZFa Or E M-BER, 1973: Corpus Chrlsti, Texas day of 197 TO THE PfcMhS OF TNT, CITY COUNCIL Corpus Christi, Texas For the reasons set forth in.the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed, finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CM OF CORPUS CHRTSTI; TEXAS The Charter rule was suspended by the following vote: Jason Luby James T_ Acuff Rev. Harold T. Branch Thomas -V. Gonzales ^6L--f;, Ricardo Gonzalez _ Gabe Lozano, Sr. J. Howard Stark G The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch LLnx �•.(� Thomas V_ Gonzales /,. Ricardo Gonzalez ![mac Gabe Lozano, Sr; (,( J. Howard Stark A. • THAT THE FOREGOING ORDINANCE YA3 READ FO NE FIRB TIME A PA89ED TO ITS SECOND READING ON TH13 7ME 3 D Y -OF. FOLLOWING VOTE: t9BY THE JASON Luer 7P. BILL TIPTON EDUARDO DE ASEa RUTH GILL BOB GULLEY GABE LOZANO, SR. f EDWARD L. SAMPLE TNAT THE FOREGOING ORDINANCE WAS READ 0 THE DEC 'ND TIME AN PASSED TO ITS THIRD READING ON THIS THE / Q�DAY OF FOLLOWING VOTE: i 19 1BY THE JAa0N LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDI FINALLY ON THIS THE _/ 7 *16 DAY 0 JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, THI ATTEST: CITY SECRETARY AP�VED: ry DAY OF 1916: C TYC ATTORNEY T IRD TIME AND PASSED Br THE FOLLOWING VOTE: 19 MAYOl THE CITY OF CORPUS CHRISTI, TEXAS