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HomeMy WebLinkAbout13959 ORD - 09/28/1977JKH:vp:9 /26/77:1!9t , AN ORDINANCE APPROVING ASSIGNMENT OF THE BILLINGS' BAIT STAND ON TRACT 14 OF THE COASTAL PUBLIC LANDS, SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FROM GORDON W. BILLINGS TO MR. AND MRS. EUGENE GIANOTTI, AS MORE FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. WHEREAS, the City Council by Ordinance No. 13069, passed and, approved,on March 17, 1976, authorized execution of a bait stand lease with Gordon W. Billings dba Billings' Bait Stand, situated on the Intracoastal Canal Crossing on Padre Island Causeway; and WHEREAS; in accordance with the terms of the aforesaid lease, the said Lessor of the bait stand shall obtain written approval prior to assign- ing the said lease; and WHEREAS, the named Lessor desires to assign the lease granted by Ordinance No. 13069, and the City is agreeable to the said assignment: NOW, THEREFORE, 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 approve assignment ofil lling ;Bait Stand on Tract 14 of the Coastal Public Lands, situated on the Intracoastal Canal Crossing on Padre Island Causeway, being the same lease area authorized for bait stand lease by Ordinance No'. 13069, passed and approved by the City Council on March 17, 1976, said lease to be assigned by Gordon W. Billings to Mr. and Mrs. Eugene' Gianotti, all as more fully set forth in the Assignment Agreement, a sub- stantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize approval of the aforesaid assignment at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension 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 three several meetings of the City Council, and the Mayor having declared 'such XPOFILMED 13959 AL L 0 7 1980 `L emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 6 "h day of September, 1977. ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS This ordinance is in effect and APPROVED: force with or without the DAY OF SEPTEMBER, 1977: I signature of the Mayor, in accordance with Article II J. BRUCE AYCOCK, CITY ATTORNEY Section 6 of the City Charter. BY: Assistant City-Attorney 9/27/77 ASSIGNMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City Council by Ordinance No. 13069, passed and approved on March 17, 1976, authorized execution of a bait stand lease with Gordon W. Billings dba Billings' Bait Stand, situated on the Intracoastal Canal Crossing on Padre Island Causeway; and WHEREAS, in accordance with the terms of the aforesaid lease, the said Lessor of the bait stand shall obtain written approval prior to assign- ing the said lease; and WHEREAS, the named Lessor desires to assign the lease granted by Ordinance No. 13069, and the City is agreeable to the said assignment: 1. This assignment of lease shall cover the following described tract or parcel: TRACT 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. 64.degrees 03' E. with Causeway right -of -way center line a distance of 1016.95' to a point; THENCE N. 25 degrees 57' E. a distance of 139.0' to a point which is the most Southerly corner of Tract No. 8, for the point of beginning of this description, and also the most Westerly corner of this tract; THENCE continuing N. 25 degrees 57' E. a distance of 141.2 a point which is the most Northerly corner of this description; THENCE S. 64 degrees 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. 25 degrees 57' W. a distance of 80.2' to the most Southerly corner of this description, same being E 200' from Causeway center line; THENCE N. 64 degrees 03' W. paralleling Causeway right -of -way center line, a distance of 50' to a point; 44"l ` THENCE S. 84 degrees 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. 2. Lessee, Gordon W. Billings, proposes to sell the building, improvements, equipment and business situated on the aforesaid Tract No. 14 to Mr. and Mrs. Eugene Gianotti, Assignee, to become effective on or about September 28, 1977. 3. Assignee agrees to be bound to the terms of the lease between City and Lessee Billings, dated March 22, 1976, a copy of which lease is attached hereto and made a part hereof, marked Exhibit "A ". This assignment shall be subject to the terms of the aforesaid lease, shall be for the unexpired portion of the lease, which expires on October 24, 1979, with the option to renew for five additional years if the City obtains authority from the School Land Board to so extend the lease. EXECUTED this the day of , 1977. Gordon W. Billings dba Billings' Bait Stand ASSIGNOR AND LESSEE Eugene Gianotti Mrs. Eugene Gianotti ASSIGNEE APPROVED: CITY OF CORPUS CHRISTI ATTEST: By K. Marvin Townsend City Secretary City Manager A CrU Q'� DAY OF 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Ass stant Ci t orney I Ci ire for of Finance 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 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 Z__4_ 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. 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 N0 1100 ($86.00) DOLLARS per,month. Payments shall be made by Operator for each . calendar month in the amount of one - twelfth of the annual amount due, and said monthly payments shall be due on the 20th day of the follow- ing month. Operator agrees to submit to the City a true and accurate copy of the State of Texas Quarterly Sales Tax Report (Form such forms to be furnished by the City) within 30 days after such reports are filed with the Governmental authority. City and Operator agree that the method of calculating the amount to be paid as lease payments hereunder, may be renegotiated at the option of either party, at the end of the calendar year 1977, and again at the end of each succeeding two -year period, but in no event will any single increase in lease payments exceed twenty percent (20 %),of the current lease payments. 8. Operator covenants that it will not assign this Agreement nor subcontract the use of the whole or any part of said premises, other than in the normal course of business, unless it has first obtained the written permission of the City. It is agreed and under- stood that temporary renting of boat stall, moorings, or yardage constitutes the normal course of business of Operator, and does not constitute subcontract or assignment of the leased premises. -2- g. Operator may construct or demolish buildings and structures, or extend and improve existing buildings and structures, provided that Operator first obtains the written approval of City for each specific project. Operator shall construct and repair all improvements and install all equipment in compliance with the City of Corpus Christi Building Code, Electrical Code, Fire Prevention Code; Plumbing Code, Zoning Ordinance, and all other applicable laws and ordinances. It is agreed and understood that all construction and repairs of buildings and structures and equipment installation shall be at the expense of Operator. Building previously painted, or made of a material requiring painting, shall be painted at intervals not to exceed two (2) years, unless Operator obtains written Waiver of this requirement from City. 10. Operator agrees to maintain sewage disposal facilities in compliance, with all applicable laws and regulations. In this connection, Operator agrees to obtain a written statement at least once per year from the City of Corpus Christi - Nueces County Health Department reporting the conditions and acceptability of sewage disposal facilities, and to provide a copy of said written statement to City. In the event that existing septic tank facilities fail to be approved, then Operator agrees to install holding tanks of a size to be approved by City and to procure regular servicing in accordance with a schedule approved by City. Operator further agrees to procure sanitary sewer services if said services become available to the premises,, and to connect all toilet drains and other sewage lines within ninety days after sanitary sewer service becomes available. Operator agrees to prevent the unauthorized discharge of any sewage or debris onto the ground, or into the waters within or immediately adjacent to the premises. Operator further agrees to construct adequate dikes around fuel storage facilities or otherwise protect adjacent waters from contamination from potential spills of fuel. 11. A copy of City Council Resolution No. 11768 is attached hereto as Exhibit "C ". Operator agrees to carry out the spirit and intent of said Resolution No. 11768 by maintaining the premises so as to be clean and have a pleasing appearance. Operator agrees to -3- maintain regular garbage collection services, using either the services of the City of Corpus Christi Sanitation Division, or the services of a solid waste contractor holding a City of Corpus Christi Solid Waste Permit; and to prevent the accumulation or storage on the premises of any "abandoned" motor vehicle or boat, ice box, refriger- ator, stove, glass, building material, rubbish or similar items. Operator agrees to prevent the accumulation of any junk, trash, or other debris in the waters within or immediately adjacent to the shoreline of the premises. 12. Operator agrees to provide its services' to the public and to be open for business according to reasonable business hours con- sistent with the business hours of other Operators in the immediate area, current business demand and good practice. 13. It is expressly understood that City shall have the right to enter the premises at reasonable hours to inspect facilities and _otherwise determine Operator's compliance with the Agreement. 14. Operator agrees to post in a conspicuous place at each location where merchandise is sold, or fees are to be charged, the price or cost of such merchandise or service, which are not in excess of those charged under similar conditions elsewhere within the City limits of the City of Corpus Christi. 15. All improvements on the premises shall be the security for prompt payment of accrued lease payments hereunder, and as a condition for this Agreement, Operator agrees that all homestead exemptions be waived.* It is understood and agreed that, in the event of default in the payment of any amount due, or in failure of the Operator to keep any of the covenants or agreements herein, or upon the violation by Operator of any city ordinance or other law in the carrying out of this Agreement, then, at the option of the City, this Agreement shall terminate, provided however, that the City shall have given written notice to the Operator of the default claimed and Operator has not cured such default within thirty (30) days of the giving of such notice. It is further understood and agreed that in such event, all buildings and improvements on -4- the premises shall remain as attached to the land and be and become the property of the City to secure payment of all unpaid, accrued lease payments, but not otherwise, unless Operator, within 120 days from the date of re -entry by the City shall pay all unpaid and accrued lease payments then in default at the date of re -entry to the City; and the City shall at once have all right of re -entry upon said premises and possess, have and enjoy the same which it would have upon the expiration of this Agreement by lapse of time. 16. -It is further agreed "and understood that City shall not be, liable to Operator, or to any other person whatsoever, for any injury, loss or damage to any person or property in or upon the Coastal Public Lands hereinabove described. Operator hereby consents and agrees to assume all liability for or on account of any injury, loss or damage above described, and to indemnify and forever hold harmless City against each and every claim, demand or cause of action that may be made against City by reason of or in any way arising out of any defect or imperfection in any building, pier, wharf, sidewalk, drive- way, street, or any other structure in or upon the Coastal Public Lands hereinbefore described: Operator agrees in this connection to carry public liability insurance in the minimum sum of $100,000 for personal injury and $5,000 for property damage, in a company or companies acceptable to City, with a loss payable clause making City an additional insured, and to maintain a copy of said insurance policy on file with City. Coverage of said insurance shall include the entire premises including piers, wharfs, and any other waterfront facilities. 17. It is further agreed and understood that in the event of a constructive eviction due to natural disaster, act of God or any other cause beyond the control of either party to this Agreement, Operator's lease payments hereunder shall abate and cease until Operator shall have substantially restored the lease premises to a condition necessary to operate the business; provided Operator begins such restoration timely and prosecutes such restoration with -5- reasonable diligence, and provided further that in no event shall lease payments abate for a period after each* disaster aforesaid of longer than 180 days. s EXECUTED this the :01Z- day of V--\ CL- C , 1976. ATTEST: 6Y C3UHCiL; ••• ~"""• -- gECRETFRY APPROVED: day of )/ n Awe, City k///JJJ \��torney G CITY OF CORPUS CHRISTI By��: R. Ma in Townsen , City Manag r OPERATOR By Gordon W. Billings, d b a Billings Bait Stand -6- Thie L.easeTractK 0 3 r` tr ti a LO + Er. o o n L N 2 N o E O y a 6 4* • ��Edaya'-�— a� c y� - -- ~c\: ° ExistingBoat `i G 'COASTW -AY y Romp, n/l, ti from 9 c 4d9�6 O {Y.r •out /» oa w o ' N• o n KAnnedy orlal Cou3oway — INTRAC0ASTAL -8 ' . ". ; REVISED MAY 19, 1975 TRACT N0.14 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 Aigbt -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 which is the most Southerly corner of Tract No. 8, for the point of beginning of this description, and also the most Westerly corner of this tract; THEPICE continuing N. 250 57' E. a distance of 141.2 a point which is the most 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' id. 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 comer and place of beginning of this description. CONTAINING 0.313 acres, more or less. Aso curve 9,gl,7 7- eso. 0, -Wrw so ti 121Wd Z71 ,7hl alplay as 4 ti ta It, Aso curve 9,gl,7 7- eso. 0, -Wrw so ti 121Wd Z71 ,7hl alplay C0AS. ,L PUBLIC LAODS LEASE I ?0_ L —IUCIO `i STATE OF TEXAS X COUNTY or TRAVIS X �p -r nl� 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 nade under the authority of and for the pur- poses set forth in the Coastal Public Lands Management Act bf 1973, TEX. REV_ CIV_ STAT. ANN. art._ 5415e -1, §8(a) (1) and 98 (b) The term of this lease is five -(5) years from tine date he 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_ X1:_3. art. 5415e -1, the Coastal Public Lards described as Tract No_ 1, Tract Vo. 2, and Tract iIo. 3 on Exhibit A attached hereto and.made a part of this Lease Agreement_ Tile Coastal Public Lands contemplated by this lease are express]. subject -to lease by the School Land Board far -the exploration for-arid development of oil, gas, minerals, and /or other energy sources at any 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 ninetiet, Cray after .the data hereof-, or the next business day thereafter, if the sam=_ falls on a Sunday or legal holiday, and every ninetieth day there- after until the-termination of this agreement, thirty -three and one- -third ne.-: cent (33- 1/3°) of the gross revenues derived by LESSEE fron and paid to it by virtue of contracts or franchise agreements enter& into by LESSEE Co pro-.,ote public recreation upon the hereinbefore described Coastal Public Lands_ It as further ilndCrstOUl and agreed that twency=fi.ve per cent (25 ".) of the said gross revenues shall be placed in an interest- drawing special account by DESSEE, consistent with. the laws of the State, for_ she purpose of future appropriation by LESSEE for planning, engineering and constructing public recreational fiact.lities upon the here -inbefore described Coastal Public Lands; pr_ovidcd, that upon termination of -Lhe 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 Urther 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 hereinbe °ore described_ LESSEE hereby consents and agrees to assu�,te all liability for or on account of any injury,. .loss or damage above described, and to-indemnify and forever bold harmless LESSOR against'each and every claim, demand or cause of action t;lat`may be Wade against LE5SOP, by reason of or in-any way arising out of any defect or•i.mperfection 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 tis the day of J 1974- ATTEST- Secretary of the School Land.Board SCHOOL LAND BOARD OF THE STATE OP TEXAS Bob 'Armstrong, Chairs IA Ve- Jur�rgio�¢L THE STATE OF TEXGIS X COUNTY OF TRAVIS X BEFORE. ME, the undersigned authority; on this day perso*A,41y ap�eared.BOB ARMSTROI ?G, Chairman of"the School Land Board of the State of Te: =as,_ kno,,m to me to be the person and officer N•:hose name is subscribed to the foregoing instrrzent, 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 considexation therein expressed and in the capacity therein_ sated_ GIVFNT UNn%R 11Y HAND AND SEAL OF OFFICE, this the � =-i .;' day of 1974-, i• f r� = Notary public in and for z TRAVIS COUNTY, TEXAS THE STATE OF TEX�AS X COUi3TY OF zzcjEcES X - BfEFORE IME, the undersigned authority, on this day personally appeared R_ MARVIN TOL.'.^ ?SEND, City manager of the City of-Corpus. Christi, Texas, a municipal corporation, kno;?i to me to be the person and officer whose name is subscribed to the foregoing instrument, and achno:vledgad to me -chat he executed the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein esprQssed and in the capacity. therein stated. GIVEN UNDER MY 112&ID APID SEAT, OF OFFICE, this the day of 1974 - Notary Public in and for NUECES COUNTY, TEXAS LAS �. ATTEST: CITY OF CORPUS CHRISTI By � ?cYL G_ "Read R_ Marvin Townsend . City Manager APPROVED: James R_ Riggs , 4 ty nUtorr_ey THE STATE OF TEXGIS X COUNTY OF TRAVIS X BEFORE. ME, the undersigned authority; on this day perso*A,41y ap�eared.BOB ARMSTROI ?G, Chairman of"the School Land Board of the State of Te: =as,_ kno,,m to me to be the person and officer N•:hose name is subscribed to the foregoing instrrzent, 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 considexation therein expressed and in the capacity therein_ sated_ GIVFNT UNn%R 11Y HAND AND SEAL OF OFFICE, this the � =-i .;' day of 1974-, i• f r� = Notary public in and for z TRAVIS COUNTY, TEXAS THE STATE OF TEX�AS X COUi3TY OF zzcjEcES X - BfEFORE IME, the undersigned authority, on this day personally appeared R_ MARVIN TOL.'.^ ?SEND, City manager of the City of-Corpus. Christi, Texas, a municipal corporation, kno;?i to me to be the person and officer whose name is subscribed to the foregoing instrument, and achno:vledgad to me -chat he executed the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein esprQssed and in the capacity. therein stated. GIVEN UNDER MY 112&ID APID SEAT, OF OFFICE, this the day of 1974 - Notary Public in and for NUECES COUNTY, TEXAS LAS �.