HomeMy WebLinkAbout13994 ORD - 10/26/1977• JK4:hb:10 /25/77
AN ORDINANCE
APPROVING ASSIGNMENT OF THE FISHERMAN'S FOLLY BAIT
STAND LEASE ON TRACT 7 OF THE COASTAL PUBLIC LANDS,
SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE
ISLAND CAUSEWAY, FROM FLOYD BEAUREGARD TO KENNETH
PRESCOTT, ALL AS MORE FULLY SET FORTH IN THE ASSIGN-
MENT 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. 13072, passed and
approved on March 17, 1976, authorized execution of a bait stand lease with
Floyd Beauregard dba Fisherman's Folly, 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
assigning said lease; and
WHEREAS, the named Lessor desires to assign the lease granted
by Ordinance No. 13072, 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 of Fisherman's Folly Bait Stand on Tract 7 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. 13072, passed and approved by the City Council on March 17,
1976, said lease to be assigned by Floyd Beauregard to Kenneth Prescott,
all as more fully set forth in the Assignment Agreement, a substantial copy
of which is attached hereto, marked Exhibit "A ", and made a part hereof.
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
MICROALMED
JUL 0 71980
13994
such emergency and necessity to exist, having requested the suspension
of the Charter rule and that this ordinance take effect and be in full
force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED,
this the day of QUJ . _ , 1977.
ATTEST:
lecre{ary MAYOR
THE CITY OF CORPUS CHRISTI, TfeS
APPROY;D:
DAY OF 1977:
J. BRUCE AYCOCK, CITY ATTORNEY
By_R
Assis tant City Attorney
ASSIGNMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES 4
WHEREAS, the City Council by Ordinance No. 13072, passed and
approved on March 17, 1976, authorized execution of a bait stand lease
with Floyd Beauregard dba Fisherman's Folly 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
assigning the said lease; and
WHEREAS, the named Lessor desires to assign the lease granted
by Ordinance No. 13072, and the City is agreeable to the said assignment:
I. This assignment of lease shall cover the following described
tract or parcel:
TRACT NO. 7
A tract or parcel of land /or water being on the
northeast side of the Humble Channel crossing on
Padre Island Causeway, and being more particularly
described as follows:
Beginning at a point 96' in an easterly direction
S. 61° 00' E. from east end of bridge at Humble
Channel and 70', N. 29° 00' E. from the center line
of the causeway right -of -way, this point being the
most westerly corner of said Tract 7;
Thence N. 290 00' E. a distance of 150' to a point,
said point being the most northerly corner of said
Tract 7;
Thence S. 610 00' E. a distance of 200' to a point,
said point being the most easterly corner of said
Tract 7;
Thence S. 29° 00' W. a distance of 180' to a point,
said point being the most southerly corner of said
Tract 7;
Thence N. 610 00' W. a distance of 20' to a point:
Thence N. 290 00' E. a distance of 30' to a point;
Thence N. 61° 00' W. a distance of 180' to a point,
this being the above mentioned most westerly corner
of said Tract 7, and also the point of beginning.
Containing 0.703 acres of land and /or water, more
or less.
•
`A1414 / -r W
2. Lessee, Floyd Beauregard, proposes to sell the building,
improvements, equipment and business situated on the aforesaid Tract No. 7
to Kenneth Prescott, Assignee, to become effective on or about
1977.
3. Assignee agrees to be bound to the terms of the lease
between City and Lessee Beauregard, dated March 22, 1976, a copy of which
lease is attached hereto and made a part of 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.
ATTEST:
City Secretary
APPROVED:
DAY OF , 1977:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Ass stant City Attorney
Director of Fi n
Floyd Beauregard dba Fisherman's
Folly Bait Stand
Kenneth Prescott
ASSIGNEE
APPROVED:
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
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 Floyd Beauregard, d/b /a Fishermans Folly, 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 Floyd Beauregard, d /b /a Fishermans Folly, 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 7 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 Eight Hundred Sixty Four and
No /100 ($864.00) 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 haste 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 -
1$. 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
APPROVED:
day of
City Attorney
By
R. Marvin Townsend, City Manager
OPERATOR
Flbyd Bgaureg d, d/b a tl
Fishermans Folly
a
r rri6/e Cl�onod� Tresf /e %J"
,Ur�ecesCOUafyE�giaPerirnq Veo.
17-49 1099,
� � � J Xp f ,Devised dof�, /Juq_ l9SX
6* 10/117.0 fad Tres! /P
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� ss iso• � 6
61
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N� ^�pA ,
REVISED NAY 2. 1975
TRACT NO. 7
A tract or parcel of land /or crater being on the Northeast side
of the Humble Channel Crossing on Padre Island Causeway, and
being more particularly described as follows:
BEGINNING at a point 96' in a Easterly direction S. 610 00' E.
from East end of bridge at Humble Channel and° 70'. N. 290 00' E.
from the center line of the Causeway Right -of -Nay, this point
being the most Westerly corner of said Tract 7;
THENCE N. 290 00' E. a distance of 150' to a point, said point
being the most Northerly comer of said Tract 7;
THENCE S. 610 00' E. a distance of 200' to a point, said point
being the most Easterly corner of said Tract 7;
THENCE S. 290 00' W. a distance of 180' to a point, said point
being the most Southerly corner of said Tract 7;
THENCE N. 610 00' W. a distance of 20' to a point:
THENCE N. 290 00' E. a distance of 30' to a point;
THENCE N. 610 00' W. a distance of 180' to a point, this being
the above mentioned most Westerly corner of said Tract 7, and
also the point of beginning.
CONTAINING 0.703 acres of land and /or water, more_ or less.
d
Corpus Christi, Texas
day of 19
TO THE MEMBERS OF THE 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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
MAYOR
' THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
The above ordinance was passed by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
COASTAL 'UIMLIC LAUDS LEAST: [!O. .- loco (li, ��'l,j i
�E O.F.-TEXAS X
Cen�r_t p]S
COUNTY Oc TIMNFfS X
The parties to this lease arc the School Lard Board of the
State of Texas,. LESSOR, and the City of Corpus Christi, Nuecas
County, Te::as, LESSEE.
This lease is made under the authority of and for, the pur-
poses set forth in the Coastal Public Lands Iianage,aant Act 'of
1973, TEX- REV. CIV_ STAT. FINN. art. 5415e -1, §8 (a) (1) and
9B(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 bereln 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
Tract No. 2, anu Tract Wo. 3 on Exhibit A attached- hereto and made :.
part of this Lease Agreement_
The Coastal Public Lands contemplated by this lease are ea-presz.
subject to lase by the School Land Board•far the exploration for.ai
development of oil, gas, minerals, and /or other energy sources at a.
Lima during the terra 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
lease pay to LESSOR at Austin, Texas, on the ninetieth day after
.Lhe date hereof, or tha next business day thereafter, it the.san -.s
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- 1/37:) of the gross revenuec derived by.I.I•:SS E fro
and paid to it by vir.Luc of contracts or franchise zgreanents enter•
into by LESSEE to pro-mote public recreati.o.� upon the herc.inu= -Core
described Coastal Public Lands.
It _U; f"rLJlc.!r and agreed ti.at: twenty—five per. &-nl-
(2!;!.'.) of the said sylixil bc- placed in an inLerest_
drawing the
special --ccount by LLSSEE, c0asistent writh tile -laws 0.
Stat6, for tile purpose of future appropriation by LESSEE for
planning, enq:jn*-E-xing and construct -ing public recreational
facilities upon LT
ie hereinbefore describLed Coastal Public Landt;;
L)rovided, that upon termination of the lease, any *fUnds remaining
in said special account, with accrued interest, will be remitted
to jT3SSO.J; provided further.; that plans, dra-erings and description
of any public recreational facilities funded out of said speclal.
account, shall be submitted to LESSOR for LESSOR' . S approval-before
construction beg'Jns- it is further und . erstood and agreed that all
books, records and ledgers kept by LESSEE, relating to revenuias
derived-by virtue of contracts or franch-isp- agreements e: . ntered
into by LLSSEE to promote public recreation upon -the hereinbeftre
dencribed Coastal Public Lands, shall be rdade available to LESSOR
upon request-
It J_G further agredd and understood that LESSOR shall not be
liable to LESSEE, or to any other person whatsoever, for any 3-n:)UX'Y,
loss or damage to any person or propertqy in or upon.the Coastal
Public Lands hereinbefore described- LESSEE hereby consents and
agrees to assunne all liabilitk for or on account of any injury;.'
loss or damage above described, and to iridemnify and forever hold
-
harmless IBESSOR a4ainst*each and every claim,. emand or ca use of
action that mc- . xy be nade against LESSOR by reason o:t or in any way
arisi or- inperfecimperfection in any buildibuilding,: pier,
jig out of - any defec"
wharf, sidewalk, driveway, street, or -any other structure in or
upon the Coastal Public lands leased hereby-
EXECUT"ED in duplicate originals lc7liis the day of
nTTEST: yAt4D BOM11D OF V19
:g-(-.Z�x_c t ';jjyof til_ School Land 13owt:d
STATE OF TEXAS
z
lktit'Artastrong, ChLllrr"" I rl
1
'�Il'1Ii T:
' i�rl c. 'J:ead
APPROVED: '
James R_ Riggs ;
/ iL-y littorney
THE STATE OF TEXAS x
COUNTY OF TRAVIS • x
CITY OJ.' CORAPUS CHRISTI
By
P._ 14arvin 5'ownsend
City Manager
9 .--,!
BEFORE ME, the undersigned authority, on this day personally
appeared BOB ARMSTRONG, Chairman of'the School -Land Board of the
State of Te;,as, known to me to be the person *and officer whose
name is subscribed to'the foregoing instmmen-t, and acknowledged.
to.rme that lie executed the same as the act and deed of said Schoc
Land Board of the State of Texas for the purposes and considerati,
therein expressed and in the capacity therein stated_
GIVEN UNDER Wf TIAND P"ND SF71L OF OFFICE, this •the ,2";['t day
of (�i'_rrr il' lil I i 7 97n in..yq
Notary Public in and for
s a 1'�a �•; TRAVIS COUNTY, TEXAS
.'
THE STATE OF TEYAS
COUNTY OF AUECES X .
DEFORE ME, the undersigned authority, on this day personally
appeared F,_ NUARVIN TOWNSEND, City Manager of the City of -Corpus
-Christie Texan, a municipal corporations known-1 to me to be the:
person and officer whose name is subscribed to the foregoing
instru; rent, and ackno;vledgad to me that- he executed the same
as the act and deed of said City of Corpus Christi for the*
purpoa:_s and consideration therein expressed and in the capacity
therein s to L-ed _
GIVIrN UNDER NY WAND AND SJ31lL OF OFFICE, this the (',G4 day
of C(t _(; "! c 1974-
Nnta.ry Public in and for
NUECES COUNTY, TEYLAS
C I: I T I F I CAT E
E. E_ Vhitc, Secretor} of th.er School Land Board
of the State of Texas, do hereby certify that at a neeting
of the School Land Beard duly held on the 15thday of
July 1974, the foregoing i nststument Fias
presented to and approved by said Board -under the profisicns
of Article 5382c, VCS, all of which is set forth in. the Minutes
of the Board of wh *_ch I' am custodian_'
XM TESTIMONU W;jjEP.EOF, witness my hand tii.is. the .25th
day. of October , 1975..
Serretaryro` the Sc.hno7. Land Board
i
