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HomeMy WebLinkAbout13076 ORD - 03/17/1976JKH:hb:3 /3/76:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CONCERNING USE 0 TRACT "j " 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, 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 Mr. Henry Black, DBA Black's Bait Stand concerning use of Tract 1 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 "A ", is made a part hereof. 130 AGREEMENT THE STATE OF TEXAS 1 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 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 Henry Black, Sr., d /b /a Black's Bait Stand, 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 Henry Black, Sr., d /b /a Black's 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 I 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. H XKi,Bi T ;'4 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 No /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. -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- 0 9 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 By R. Marvin Townsend, City Manager OPERATOR By Henry ack, Sr., d b a Black's Bait and APPROVED: day of City Attorney - - ---------- T LN, Curve Oak A • Af 105, .9= 2• 7- =0%9.0' AV -2940. SO' ?//., // aa Lf Ly 7, -es, �le JAIIIIIMM11491,Wl le',*Wlle 2F " 51X7 2'17,,170,9Avq7,-e511e ,57 F1,7h1,41 IY6,V /wap Z14P 999 1039 Beill-4--al dale lf&7. 1967 ;?do,, 07.00 ffegin 7,,mlle es /le 24Z,' 4700 Zrl7d fil-eglll' I/L4,9y /-q, /s7s-- 1 1 Scale . /,T50o, • � � • 111 REVi. °')MAY 2 . 1975 TRACT N0. 1 A tract or parcel of land and/or water being on the northeast side of the Intracoastal Canal crossing on Padre Island Causeway. and being more particularly described as follows: 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 S. 640 03' E. along the centerline of the Padre Island Causeway Right -of -Way a distance of 260 feet to a point; THENCE N. 250 57' E. a distance of 115 feet to a point which 1s the most westerly corner of Tract No. 1; THENCE continuing N. 250 57' E. a distance of 150 feet to the most northerly comer of Tract No. 1; 0 THENCE S. 64 03' E. a distance of 165 feet to the most easterly corner of Tract No. 1; THENCE S. 260 57' W. a distance of 150 feet to the most southerly comer of Tract No. 1; THENCE N. 640 030 W. a distance of 165 feet to the most westerly and beginning comer of Tract No. 1 for a closure of this tract; CONTAINING 0.568 acre of land and /or water more or less. .(JASTAL PUBLIC LANDS LEAS17 HO.\L -1.QCO STATE OF TEXAS X COudXY OF '.CF-ily S X c.: Jc[J ir• 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 Manage.aent 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 .thhe 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. ANN. art. 5415e -1, the Coastal Public Lards described as Tract No_ 1 I Tract No. 2, and Tract ido. 3 on Exhibit A attached- hereto and made i part of this Lease Agreement. The Coastal Public Lands contemplated by this lease are e_xpres:: subject to lea se. by the School Land Board far the exploration for ai development of oil, gas, minerals, and /or other energy sources at a. time during the tern 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 r_e_:t 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 per cent (33- 1/31) of the gross revenues derived by LESSEE: frc. and paid to it by virtue of contracts or franchise agreements enterc• into by LESSEE to promote public recreation upon the hercInb•,iore described Coastal Public Land;. Z A /A IL it; further un0orst -aud and agreed tl:;AL t".•enty —five per cent (251.*.) of the said 'gross revenues shall be placed in- an interest— drawing special account by LESSEE, consistent n:•ita 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 upr,)a termination of the lease, any 'funds remaining in said special account, with accrued interest, will be remitted to LESSOR; provided further, that plans, drawings ana description of any public recreational facilities funded out of said special account, shall be submitted to LESSOR for LESSOR'S approval -befote 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 made against LESSOR by reason of or in-any way arisiiig 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_ EXECW ED in duplicate originals this the day of —.e-r Gfari�'v 1974- ATTEST: Secretary of -tilt! School Land Board SCHOOL LAND BOARD OF THE STATE OF TEYUAS }lob Armstrong,�Cnairrufrt 1 • ATTEST: -Read APPROVED: James R_ Riggs / ity Attorney THE STATE OF TEXAS COUNTY OF TRAVIS CITY 01.. CORIPUS CHRIST10 BY R. Marvin 'iownsend City Manager n zy f-o5y BEFORE ME, the undersigned authority, on this day personally appeared BOB ARMSTRONG, Chairman of 'the School Land Board of the State of Te.cas, )mown to me to be the person and officer whoss name is subscribed to the foregoing instrument, and acknowledged' * to me that he executed the same as the act and deed of said Sehoc. Land Board of the State of Texas for the purposes and consideratitl, therein expressed and in the capacity therein_ stated. GIV174,N UNDER 1.1Y HAND AND SEAL O: OFFICE, this the day of e/ 1 iV�i/%J7- OTi�i�✓� y" �`i�� - r::Notary Public in and for �,'•. ,,j'�� S? TRAVIS COUNNTY, TEYjAS (� .....• ..t THE STA1E OF TMAS COUNTY OF AUECES X BEFORE ME, the undersigned authority, on this day personally appeared R. 1,UMVIN TOW'NSEND, 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 instrWilent, and acknowledgad to me that he executed the wine as "lie act and deed of said City of Corpus Christi for the' purpo_;::s and consideration therein expressed and in the capacity therein stated- GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ,(•,C -� day of L� �.- (�•-G.c 1974. Notary Public in and for NUECES COUNTY, TExAS C E x T I F I C A T E I, Fi. E. White, Secretary of the. School Lard Board of the State o` Texas, do hereby cortify that at a meeting of the School Land Board duly held on the 16thday of July 1974, the foregoing instrument was presented to and approved by said Board under the provis ions of Article 5382c, VCS, all of which is set forth in the Minutes of the board of which I am custodian. Itd TESTI.iO \1 WHEREOF, witness my hand this. the .25th day of October 1974. Secreta.ryrof the School. .Land Board I 0 A YEESOLUTIOY MRESSING jZ CO`:CEi.21 OF 11>d CITY COLICIL OF CORPUS CHRISTI TO 11-TR0VE A'I'D rdz 1Ti� kCTI1'E%L,tSS !u'D /LSic :TICS OF' TIM VARIOUS iin eT� , CEiL1YS TO 111E CITY, SGCIL AS }iIGZiaYS 77, 181, I.H. 37, S.U.. 44, C1LiFiLli PA`_:Ch R01D, WEBER RO.1D IftND OLD DRGrTtiSViLLE ROAD; AND Fi (P?,ESSI \G T:L4T luIS CO:NC M DE T.'11. f AS A S3As_C1u'T_ OF GEC` ORAL poLICY TO GM. G=ArjCE A�-D DIRECTION TO THE F"- ^Tff-G CON jSSIOiI AND OTRIER t- VISORY BOARDS IN TH ,IR DELIBERAT IONS ; &N-D DECLARING A%1 MERMCY. j,dP.UAS, the City Council of the City of Corpus Christi, Texas, desires to improva and maintain the attractiveness and aesthetics of various eatrascava}�s to the City, such as Highways 77 and 181, I.H. 37, s.H. 442 Chat 'a'a Ranch Road, k'eber Road and. Old Brownsville Road; and p�EAS, the City Council desires that this concern be taken. as a statement of general policy to give guidance and directi.oas to_the Planning Commission and other advisory boards. in their deliber``.ions roW, 'T1±ERUOP.E, BE IT MSOLVEj. BY TdE CTlY COUVCIL OE THE CITY OF CORPUS CHRIS'PI, TERMS: SECTI011 1. That the City of Corpus Christi hereby expresses its desire to improve and caiataia the attractiveness and aesthetics of the various znt-z=ce,,;ays to the City. SECTION 2. That the City Council further expresse s its desire Coat this concern be taken as a statEeent'of general policy to give guidance and direction to the planning Cc;.ission-and other advisory boards in their deliberations. SECTION 3. The necessity to icprava and = tain the attraetiveees of the various entranceways to the City creates a public — ergencY and as imperative public necessity regUiring the ses? Basioa of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at th =ee several meetings of the City Council, and t•_e Manyor having declared SUCH e`ergency end necessity to exist; apd having requested tca suspzasicn OF - the Charter rule and that this resolution be passed fiat l7 0� t"a data of r its introduction and ta:.e eficct and be in full. force acd effect fro= gad after its passage, IT IS.RCCORDIUGLY SO U-SOLVED, this the 7 dap of November, 1973. ATTEST: City Secretes MYOR THE CITY OF CORPUS CHRISTI, TEMS APPi:�x.D: 114 pa OF i' MMER, 1973: Cis AttarXep� / • TO THE MSEP.S OF TI F CITY COMICIL Corpus Christi, Texas Corpus ChrisLi, Texas • day of 19 7_7 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 dale 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 CITY OF CORPUS CKRTSTX; TEXAS The Charter rule Was suspended by the following vote: . Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ccy Ricardo Gonzalez _ Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Cci� Rev. Harold T. Branch ' Thomas V. Gonzales Ricardo Gonzalez r Gabe Lozano, Sr. J. Howard Stark • • THAT THE FOREGOING ORDINANqCE AS READ FOB THE FI 8T TIME A D PASSED TO ITS SECOND READING ON THIS THE WJ� DAY Oi FOLLOWING V07fi: 19, BY THE JASON LUST 7P. BILL TIPTON EDUARDO DE ASES RUTH GILL 808 GULLEY GABE LOZANO; SR, EDWARD L. SAMPLE TWAT THE FOREGOING ORDINANCE, WAS R D 0 THE SEC ID, TIME AN PASSED TO ITS THIRD READING ON THIS THE I DAY OF FOLLOWING VOTE: �� 1991BY THE JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL 800 GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREgALNG ORDIN FINALLY ON THIS THE DAY OF JASON LUBY DR. BILL TIPTON EDUARDO DE Ases RUTH GILL BOB GULLEY GABE LOZANO, SR, EDWARD L. SAMPLE PASSED AND APPROVED, THIS ATTEST: CITY SECRETARY AP WED: DAT OF _fiee& 19L / Zo-r CITY ATTeRNEY Z&4-- d E IRD TIME AND PASSED BY THE FOLLOWING VOTE: 19� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS