Loading...
HomeMy WebLinkAbout13730 ORD - 05/18/1977JKH:vp:5 /4•/77:1st • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BOB BONNER CONCERNING USE OF TRACT 5 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE NORTHEAST SIDE OF THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF OPERATING A RESTAURANT AND FOOD BEVERAGE SERVICE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, 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 Bob Bonner concerning use of Tract 5 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 pur- poses of operating a restaurant and food and beverage service, 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. MICROFILMED JUL 0 71980 13730 a • AGREEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I THIS AGREEMENT is made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation, hereafter referred to as City, pursuant to an ordinance authorizing this Agreement, and Bob Bonner, hereinafter referred to as Operator, and for such, W I T N E S S E T H: 1. That in consideration of the covenants herein contained on the part of Operator to be kept and performed, City does hereby grant to Operator a non- exclusive franchise for the purpose of building and operating a restaurant and food and beverage service to further public recreation in the Coastal Public Leads described as Tract 5 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 TES. 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 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 author- ization 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 cue 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. 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 an time alter the boundaries • � undaries 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 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 of Corpus Christi. Texas, the amount of Eleven Hundred and Fifty -Two ($1,152.00). Dollars per year, or two per cent of the gross sales and receipts for the year, whichever is greater. Payments shall be made by Operator for each calendar month in the amount of one- twelfth of the annual amount due, and said monthly payment shall be due on the 20th day of the following month. Operator agrees to submit to City a true and accurate copy of the State of Texas Quarterly Sales Tax Report (Form 952.02, such forms to be furnished by City) within 30 days after such reports are filed with the governmental authority. 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. A reckoning shall he made at the end of each calendar year, and Operator agrees to pay any additional amount owed City within 30 days of billing by City. City and Operator agree that the method of calculating the amount to be paid as 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 rental payments exceed twenty percent (20%) of the current rental payments. g. 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. 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. Buildings 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 re- quirement 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. 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. 11. Exhibit C itemizes repairs and improvements which Operator agrees to accomplish prior to April 1, 1978, in addition to any other repairs and improve- ments which may be required by law or otherwise by this Agreement. 12. Operator agrees to maintain 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, refrigerator, 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. 13. Operator agrees to provide its services to the public and to be open for business according to reasonable business hours consistent with the business hours of other -Operators in the immediate area, current business demand and. *good practice. 14. 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. 15. 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 mer- chandise or service, and said price or cost shall not be in excess of those charged under similar conditions elsewhere within the City of Corpus Christi. 16. 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 payment of any amount due, or in failure of the Operator to keep any of the venants or agreements herein , or up on th a violation by Operator of any City ordinance or other law in 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. 17. It is further agreed and understood that City shall not be liable to Operator, or to any 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 im- perfection 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 minimum sum of $100,000 for personal injury and $5,000 for property damage, in a compamy 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. Cover- age of said insurance shall include the entire premises including. piers, wharfs, and any other waterfront facilities. 18. 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 rental payments hereunder shall abate and cease until Operator shall have substantially restored the premises to a con — ditioa necessary to operate the business; provided Operator begins such restoration timely and prosecutes such restoration with reasonable deligence, and provided further that in no event shall rental payments abate for a period after each disaster afore- said of longer than 180 days. EXECUTED THIS the day of , 1977. ATTEST: CITY OF CORPUS CHRISTI BY: City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF Operator J. BRUCE AYCOCK, CITY ATTORNEY BY: Assistant City Attorney TRACT N0. 5 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 Padre Island Causeway right -of -way and the centerline of Trestle "B ".being also the centerline of said Intracoastal Canal; THENCE S. 640 03' E. along the centerline of the Padre Island Causeway right -of -way a distance of 578.7 feet to a point; THENCE N. 250 57' E. a distance of 115 feet to a point; said point being the most westerly corner of Tract No. 5. and place of beginning; THENCE continuing N. 250 57' E. a distance of 154.9 feet to a point, said point being the most northerly corner of Tract No. 5; THENCE S. 640 03' E. a distance of 130 feet to a point, said point being the most Easterly corner of Tract No. 5; THENCE S. 250 57' W. a distance of 154.9 feet to a point, said point being the most southerly corner of Tract No. 5; THENCE N. 640 03' W. a distance of 130 feet to a point. said point being the most westerly corner of Tract 5 and place of beginning; Containing 0.462 acres of land and /or water, more or less. County, Texas, 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, 98(a) (1) and 998 (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 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 Lands described as Tract.No. 1, Tract No. 2, and Tract No. 3 on Exhibit A attached hereto and made a part of this Lease Agreement. The Coastal Public Lands contemplated by this lease 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. 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 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 -1/30) of the gross revenues` derived by LESSEE from and paid to it by, virtue of contracts or franchise agreements entered into by LESSEE to promote public recreation upon the hereinbefore described Coastal Public Lands. • COASTAL PUBLIC LANDS LEASE N6.-L-1000 RECEIVED COASTAL PUBLIC LANDS LEASE NO. L -1000 OCT 10 1974 STATE OF TEXAS X GenerJ Lnd Office COUNTY OF 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, Texas, 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, 98(a) (1) and 998 (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 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 Lands described as Tract.No. 1, Tract No. 2, and Tract No. 3 on Exhibit A attached hereto and made a part of this Lease Agreement. The Coastal Public Lands contemplated by this lease 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. 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 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 -1/30) of the gross revenues` derived by LESSEE from and paid to it by, virtue of contracts or franchise agreements entered into by LESSEE to promote public recreation upon the hereinbefore described Coastal Public Lands. It is further understood -and agreed that twenty -five per ceo (25%) of the said gross revenues shall be placed in an interest - drawing special account by LESSEE, consistent with 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 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 made against LESSOR 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 leased hereby. EXECUTED in duplicate originals this the day of O M" , 1974_ ATTEST: Secretary of the School Land Board -2- SCHOOL LAND BOARD OF THE STATE OF TEXAS Boy Armstrong, ChhErm Legal Fa r Acel. C E�ecat: n C E R T I F I C A T E I, H. E. White, Secretary of the School Land Board of the State of Texas, do hereby certify that at a meeting of the School Land Board duly held on the 16th day of July , 1974, the foregoing instrument 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. IN TESTIMONY WHEREOF, witness my hand this the 25th day of October , 1974. s Secreta. of the School Lana Board ATTEST: APPROVED:. J aes R. Riggs ity Attorney THE STATE OF TEXAS X COUNTY OF TRAVIS X CITY OF CORPUS CHRISTI BY R. Marvin Townserfd City Manager � AUTHOMLE6 sy 000?4C1L �EGREfMRY BEFORE ME, the undersigned authority, on this day personally appeared BOB ARMSTRONG, Chairman of'the School Land Board of the State of Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the .2aof day of 197AU�n.,,,, "o PRY PVC.,, Z/ S ='Y� • •' ,Notary Public in and for ?TRAVIS COUNTY, TEXAS THE STATE OF TEXAS X'''�nuRttIL, COUNTY OF NUECES 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 instrument, 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. GI�,N UNDER MY HAND AND SEAL OF OFFICE, this the day of Lit fC,. , 1974. Notary Public in and for NUECES COUNTY, TEXAS EDNA q• ?EAnOR A'mary Public, in and for N;cs Coanty, Tc::r -3- EXHIBIT 'A TMCT 110. 1 • Description for a 48.21 acre tract.. of laid or w5tcr lying in Laguna Madre and ee,t and uect of the old 11=ble Cha=el Bridge on the Padre Isle-c-2 C2useary and being out of State Tracts 30—d 31, said 1:a_27 ac =e tract b=ins sore pa_+ticLarlf described by .^_etes and bar -As as foll.ow7;: • Eegi=ing at a point in the centerline of said Padre Island Causeway at E=tgineer's Station. 9; •'• 35.33, said point being S.610 00' E., along the centerline of said Padre Island Caul way, 3659.75 feet fr= the vast nzi*- land of Lama Madre Thence 11. 290 00' E -, a distance of 525 -0 feet to a Point in the no t_ea'st right of vay line of said Page Isiasd Causeway far the nost nor' he_rly corner of the tract herein described; . 1 '"hence S.610 00' E., with the ro?theast right of way ]inn of said Padre Island Causeway, 2 distance 1641.31r feet to a point the.P.C. of a curve to the ri&t for a corner of the tract herein described; Thence in a southeasterly direction with the zr of a circular curve to the right whose central angle is - 50° h5' 35 ", whose radius is 2431.86 feei, an arc dis- tence is 457.25 feet to 2 paint for the nest easterly corner of the tract herein described; - ' Tience S.391 45' 35" W. at 525 feet pass the center- - 31ne of said Padre Island' Causeway at Enoi.neer's Station . 114 -5' 35.33, in z11 a distance of 1050.0 ;.eet to a pain; for the r:ost southerly corner of the tract herein described; Thence in a northeast erly direction with the arc of 2 circular curve to the left whose ce`tr -' angle. is 101 L;5' 35 ", end whose radius is 13$1<.86 feet h , z arc distance of 260.07 feet to a point, the P.T. of said curve for i. t.' corner of the treet herein described; 'T),ence 'ri. 610 00' with the southwest right of fray line of said Padre Island Causeway, said line bei ^_g 525.0 feet southvest of and parzU el.to the centerline of said Padre Island Causeway, a distance- of 161:1.315 feet to a. point for the vast vesterly corner of the tract herein described; Thence ?1: 29° 00' E., a distance of 525.0 fee' , to the port of beginning. containing 1:3.21 acres of land or grater =re or less_ t. EXHIBIT A ' TRAC'X 110. 2 Description for a 126.2 acres of lard —d /or water lying east and west of the Intracon al Canal on the Padre Island Ca:se::ay ayd btcir-g cut of State Tract iio. 51, said 1206.2 acres of la=d a--d /o; water bei=& pore particularly described by r-etes ---a bounds as follows: •Eegisning at a point in the centerline of Padre Island• Causeway at its intersection- vith the west or ^z+'la.d side of Laguna Mad-re at Engineer's Station 57 + 75.53; Thence with tee centerline of Padre Isladd Causeway, S- 610 00' S -, 5301.09. feet, the P. C. of a nine at Engineer's Station 110 + 76.67; hence still vith the cee- erUine of said padre I51znd Causeway and with the ere of a circular c urve to the run &t -whose central z^-gle -?s 300 00' 0'," and -hose radius is 1909.86 feet, an arc distance of 1000.03 feet to a point,.the.P -T. of said curve, at Engineer's S-te -ion 120 + 61.65• (Equatio = minus 12.05 feet); Thence S. 300 59' 56" E., still -%dth the centerline of s.dd Padre Island Causeway, a distance _ ' of 6640.0 feet to a point, the P_C. of z C, C,12T curve at • En+g zeer's Station 187 .+ 04.87 Back = 186 +- -`:x'77.21 forward; .. Thence II. 59° 00' 04" E., -a distance of 525.0 .feet to a point in the northeast right of vvy- of said Padre Island Causeway for the most northerly corner of. the tract here – In escribea.; .. - - hence in an scutheaste_ly'direetier_ with the northeast •right of U-ay line of said Padre Islz~_3 Cause;;zy a-" wish . -the are of a circular curie to the left -whose central �g?e is 33' 02' 35 ", z=3 -whose rau.:LS is 2.339.79 feet, an arc distance of 131.9.38 feet to a paint, the P.T. o° said curse for a corner' of this tract; • Skeane S. 640 02' 31" Z.., 'the rortheasV •right of . . _ •. '+may line of sped.—Padre cause cy-, a distance of - - 3582.87 feet to a point for.the most .. easterly corner . of this tract;. Mience S, 250 57' 29" W -, at 525,0 feet pass •the centerline of said Padre Isla d Causeway at Engineer's Station 239 + 39 -90, on the west'edge of Trestle "C ", in all a distance of 1050.0 feet to a paint in the southwest right o say line of said Padre Isla =d Causeway for the nost scuv`serly corner of the tract rerein described; - thence 11. 640 02' 31" N. , -with the sout'r.-es right o° wsy line o_ said Padre Island Causeway, a distance of 3582.87 feet to a point in the P.C- of a curve for a corner of the -tract herein described; Thence in a no:tht:esterly direction vita the soutin est right of way line of said Padre Island Causeway and with the .`c of a cur-re to the right whose central angle is 330 02' 35" and v'rose reA:us is 33 °9.79 feet, an arc distance of 1954.93 feet to a point for the most westerly corner of this tract; Thence R. 590 00' 014" E. , a dista ce of 525.0 feet to the point o: beginning. Containing 126.2 acres of land more or less, >> • •DXHIBI,� A v TRACT M. 3 Descrip:ioa for tract of land r=d /or Eater lyinO south o4 the Padre Causeway (Lago—a Fadre Causeway) and cast of the Intracoastal. Ca.c1 and being out of State Tract 1io- 50 az-d 62, '.aid tract. Of -land of hO-5T acres beicg•r_o_e particiaxly describe" by metes and b3,_-%d:; as folloaa_ Beoian =rg at a_ pain' t in the centerline of raid Pe.1re 'Island Causeway at its in' crsectiea e -it's the vest or mainland side of Laguna Madre at Fngineer's Statio= 57 + Thence with the cente_Tlire of said Far=e Island. Cai, eHay, S. 61° 00' E., 5301.09 feet, the P.C. of a curve et Engineer's StitioL 110 + 76.67; Thence still 'with the centerline of said Padre Island Causeway an3 with the ere of a circular curve to the rigat •whose. centr. l anGie is 300 00' 04% and vhose'radius is 1909.86 feet, ax a=c : distance o: 1000.03 feet to a boipt, the P.T. of said tune, at Engineer's Statica 120 + 61:_65 (E uation= 12.05 :feet); Wence S. 30 59' 56" E.,.sti11 with the centerli ne of said Padre Island Cause52y, a distance of 66L'0.0 wee' to a point, the P.C. of a circular curve- at Zaglreer's Station 187 + 04.87 -back = 186 + 77.21 forwrra; Thence ;rith the Base line of said Padre Island Causeway in a stet_ easterly direction vita a circular curve to the left :chose central angle is 330 02' 35 ", and whose radius is 2864.79 feet, an . ire distance of 1652.16 feet.to a point the P.T. of said curve, at Engineer's Station 203 + 5T -03; Thence S. 64° 02' 31" E. , vith the center La o° said Pad= a Is!aed. Cvsee-2y, a distance of 1359.8T feet at Engineer's Station 217 + 16.90• Thence S. 250 57' 29" U., a distance o:. 525.0 feet to a point In the south -west right of vay line of said Padre Island Causeway, for the most north_rly and beginaifis corner of _ • the tract herein described;* fence S. 640 02' 31" E.. nth the southessV right of line of said Padre Island Causeway, a distance of 2223 -0 " .. fee' . to a point that is S. 250 57' 29" 11., 525.0 feet f--c= the vest edge of Trestle "C" for the most easterly corner of .the tract herein described; - "thence S. 250 57' 29" T.T., a distance of 795.0 feet to a poi: for the most scatherly corner of the tract herein described; 'Thence IT. 640 02' 31" W. with a line that is 1320.0 feet southuest of and parallel to the centerline of said Padre Island Causeway, a distance of 2223.0 feet to a point .for the most 'westerly corner of the tact herein described; Thence H. 250 57' 29" E., a distance of 795.0 feet to the point of begi=ing- Containing 40.57 acres of land more or -less. a • OPERATOR hereby agrees to accomplish the following listed improvements and repairs to improvements on Tract 5, John F. Kennedy Causeway, prior to April 1, 1978: a. Repair and rebuild pier. b. Repair building roof. c. Remodel interior of existing building. d. Remove all junk and debris from premises. e. Paint exterior of building. E S B I B I T C/ 0 • That the foregoing ordinance wap read for he first time nd passed to its second reading on this theday of 19 17 , by the following vote: Jason Luby Eduardo de Ases David Diaz ti Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample That the foregoing ordinance wajs read for tA second time a d passed to its third reading on this the // day of , 19, by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample That the fore o¢. g ordina was read for the third time and passed finally on this the))_ of , 1977_. by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley tA- Gabe Lozano, Sr. Edward L. Sample y PASSED AND APPROVED, this the day of , 19 7-1 ATTEST: Cnj Secretary W ED: AY O44MV-, 1937— J. BRUCE AYCOCK, CITY ORNEY By As istant City Worney MORAL.., THE CITY OF CORPUS CHRISTI, TEXAS 13'73n