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HomeMy WebLinkAbout14710 ORD - 01/10/1979• vp:1/9/79:1st AN ORDINANCE APPROVING THE SUBLEASE BY R. E. LAMBERT TO BILLY T. FRANKLIN AND ROY D. REMICK OF 1.55 ACRES ON KENNEDY CAUSEWAY AT THE INTRACOASTAL CANAL, LEASED TO MR. LAMBERT AS AUTHORIZED BY ORDINANCE NO. 13301, AS MORE FULLY SET FORTH IN THE SUBLEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLAR- ING AN EMERGENCY. • WHEREAS, the City Council by Ordinance No. 12673, passed and approved on July 2, 1975, authorized execution of a bait stand lease with F. J. Graham dba Graham's Bait Stand, situated on the Intracoastal Canal crossing on Kennedy Causeway; and WHEREAS, the City Council by Ordinance No. 13301, passed and approved on July 28, 1976, authorized approval of the assignment of Graham's Bait Stand by F. J. Graham to R. E. Lambert; and WHEREAS, in accordance with the terms of the aforesaid lease, the operator of the bait stand shall obtain written approval prior to assigning or subcontracting the said lease; and WHEREAS, R. E. Lambert desires to sublease the bait stand on Tract 3 of the Coastal Public Lands granted by Ordinance No. 12673, and assigned by Ordinance No. 13301, and the City is agreeable to the said sublease: 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 the sublease of the bait stand operated by R. E. Lambert on Tract 3 of the Coastal Public Lands, situated on the Intracoastal Canal crossing on Kennedy Causeway, containing 1.55 acres of land and/or water, more or less, being the same lease area authorized for bait stand lease by Ordinance No. 12673, passed and approved by the City Council on July 2, 1975, and being the same lease area approved for assignment by Ordinance No. 13301, passed and approved by the City Council on July 28, 1976, said bait stand to be subleased by R. E. Lambert to Billy T. Franklin and Roy D. Remick, all as more fully set forth in the sublease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". MICROFILMED Jill 08 1g80 147i0 • SECTION 2. The necessity to authorize approval of the aforesaid sublease agreement 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 emergency and necessity to exist, 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 /0 day of January, 1979. ATTEST: C y Secr ary APPRQED: U DAY OF JANUARY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY CONSENT TO SUBLEASE THE STATE OF TEXAS I COUNTY OF NUECES WHEREAS, the City Council by Ordinance No. 12673, passed and approved on July 2, 1975, authorized execution of a bait stand lease with F. J. Graham dba Graham's Bait Stand, situated on the Intracoastal Canal crossing on Kennedy Causeway; and WHEREAS, the City Council by Ordinance No. 13301, passed and approved on July 28, 1976, authorized approval of the assignment of Graham's Bait Stand by F. J. Graham to R. E. Lambert; and WHEREAS, in accordance with the terms of the aforesaid lease, the operator of the bait stand shall obtain written approval prior to assigning or subcontracting the said lease; and WHEREAS, R. E. Lambert desires to sublease the bait stand on Tract 3, of the Coastal Public Lands granted by Ordinance No. 12673, and assigned by Ordinance No. 13301, and the City is agreeable to the said sublease: 1. This consent to sublease shall cover the following described tract or parcel: TRACT NO. 3 A tract or parcel of land and/or water being on the Southwest 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 N. 64° 03' W. along the center line of the Padre Island Causeway right-of-way a distance of 200 feet to a point; Thence S. 25° 57' W. a distance of 70 feet to a point which is the most easterly corner of Tract No. 3; Thence continuing S. 25° 57' W. a distance of 225 feet to the most southerly corner of Tract 3; Thence N. 64° 03' W. a distance of 300 feet to the most westerly corner of Tract No. 3; Thence N. 25° 57' E. a distance of 225 feet to the most northerly corner of Tract No. 3; • Thence S. 64° 03' E. a distance of 300 feet to the most easterly and beginning corner of Tract No. 3 for a closure of this tract; Containing 1.55 acres of land and/or water, more or less. 2. Assignee, R. E. Lambert, proposes to sublease the building, improvements, equipment and business situated on the aforesaid Tract 3 to Billy T. Franklin and Roy D. Remick, Sublessees, under the terms of the pro- posed sublease which is attached hereto as Exhibit "1" to become effective on or about December 21, 1978. 3. Sublessees agree to be bound to the terms of the lease between the City and original Lessee, F. J. Graham, dated July 18, 1975, a copy of which is attached hereto and made a part hereof, marked Exhibit "2". 4. It is understood and agreed that this Consent to Sublease shall not operate to diminish or discharge Sublessor R. E. Lambert from liability under the original lease and assignment. 5, Sublesseesshall obtain the written approval of the City prior to exercising any option to purchase the business described in Exhibit "1". 6, Said sublease shall be subject to the terms of the aforesaid lease and assignment, 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 , 19 R. E. Lambert Sublessor Billy T. Franklin Sublessee Roy D, Remick Sublessee ATTEST: APPROVED: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF JANUARY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney By R. Marvin Townsend, City Manager Director of Finance *HE STATE OF TEXAS, KNOW ALL MEN BY THESE MESE. COUNTY OF NUECES THIS AGREEMENT OF LEASE, Made this 21 day of ,December A. D. 19 78 by and between R. E. Lambert .know heerin as LESSOR, • known herein as LESSEE. (The terms "Lessor" and "Lessee" shall be construed in the singular or plural numberaocording as they respectively represent one or more than one person.)_ WITNESSETE, That the said Lessor does by these presents lease and demise unto the said Lessee the following described property, to -wit: Lying and being situated in Corpus Christi ,County of Nueces . state of Texas, and being a bait stand business known as Grahams Bait Stand located at 13245 South Padre Island Drive and including a building, docks, piers, six 14' aluminum boats, all refrigeration equipment and other contents of the building except resale merchandise. and Roy D. Remick and Billy T. Franklin for the term of 10 months beginning the 21st day of December A. D. 19 78 and ending the 20th clay a October • A. D. 19 79 payingthexeforthesamof Four Thousand ($4,000.00) . DOLLARS, payable as follows: $800.00 upon execution of this lease 400.00 per month in advance with the first payment due on the 21st day of January 1979. upon the conditions and covenants following: First That Lessee will well and PUNCTUALLY pay said rents in manner and form as hereinbefore specified, and quietly deliver up said premises on the day of the expiration of this lease, in as good condition as the same were in when received, reasonable wear and tear thereof excepted. Second. That the said premises shall be used for business and for no other purpose. Third. That Lessee will not sub -let said premises, or any part thereof, to any person or persona whatsoever, with- out the consent of said Lessor, IN WRITING, thereto first obtained. Fourth. That on failure to pay the rent In advance, as aforesaid, or comply wltb any of the foregoing obligations, or in violation of any of the foregoing covenants, the Lessor may declare this lease forfeited at b discretion and b agent or attorney shall have the power to enter and hold, occupy and repossess the entire premises hereinbefore *described, as before the execution of these presents. Fifth. Lessee acknowledges that the land occupied by this business is the property of the State of Texas and administered by the City of Corpus Christi. Further that the terms of this lease are contingent upon the receipt of City approval for the transfer of responsibility for the property from the Lessor to the Lessee. Sixth. Lessee has the option of purchasing this business at any time during the lease period for a total of $25,000.00 with all monies paid on the lease being applied to the total purchase price. TN TESTIMONY WHEREOF. The maid parties have hereunto set their heads, in duplicate, the day and year above _ written. Exeeoted and delivered in the presence of: • SINGLE ACKNOWLEDGMENT TEE STATE OF TEXAS, '1 _ COUNTY OF__Ilupce _ j • BEFORE ME, the undersigned authority, in and for said County. Texas, on this day personally appeared LZ.. ambex._t and • ..Frank) .ia_...._....__ .... known tome to be the personS_..wbose name.. S..__..._...subscribed to the foregoing instrument, and acknowledged to me that .. t he.y- executed the same for the purposes and consideration therein expressed. - GIVEN UNDER MY HAND AND SEAL OF OFFICE, This I1st... . day of. f December .,A.D. 19.78 ..... (L.S.) • Notary Public, ✓ Nuei"es ........... county, Texas My Commission Expires XJFrroK1(X99.June...30, 1980 SINGLE ACKNOWLEDGMENT TEE STATE OF TEXAS, COUNTY OF in and for said County, Texas, on this day personally appeared BEFORE ME, the undersigned authority, known to me to be the person. ---whose name. subscribed to the foregoing instrument, and acknowledged to me that ......he_...executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This • day of.....__ _ .._ . A.D.19....._. (LS.) My Commission Expires June 1, ..... CORPORATION ACKNOWLEDGMENT TBE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said a corporation, and that be executed the same as the act of such.corporation for the purposes end- consideration -therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Tide day of (LS) , A.D 19_ Notary Public, - County, Texas My Commission Expires Sone 1, 19_ CLERK'S CERTIFICATE TEE STATE OF TEXAS, ' . r, , county COUNTY OF Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the -M. day of - ., A. D 19 . with its Certificate of Authentication, was filed for reeord in ray office on the day of ., A. D 19 , at ._o'clock... _..M., and duly recorded this day of A D 19 , at. o'clock_..:._..M., fn the Reeords of said County, in Volume , on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in _._.._.._.-.__ the day and veer Inst above written. (L. S.) County Clerk.. By County, Texas. , Deputy. • ACF.Ecjq THE STATE OF TEAS X KHOH ALL 4EU BY THESE PRESENTS: COUNTY OF NUECES THIS AGREEIT is made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation, hereafter re- ferred to as City, pursuant to a Resolution authorizing this Agreement, and Nr. F. J. Graham, DBA Graham's Bait Stand, hereinafter referred to as Operator, and for such, i1ITNESSETH: 1. That in consideration of the.coveaan is herein coatained on the part of Operator to be kept and performed, City does hereby grant.to Mr. F. 3. Graham, DBA Graham'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—3 . 3 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.'. 5415e-1. This agreement is subject to the approval of the Texas School Land Board_ 3. The tem 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•shail have the option to renew this agreement 1'or an additional five-year period subject to City successfully obtaining.the.authoa zatioa from the.State of Texas to so extend the agreement. 4. Either party hereto nay terminate this agreement by giving notice to the other party of intent.to do so at least one.year in advance of the date of termination. Both parties mutually agreeing nay terminate this agreement at any time. 5. The Coastal public Lands contemplated by this agreement are expressly subject to lease by the School Lan? Board for the exploration for and development of oil, gas; minerals, and/or other energy sources at any time during the tem hereof. CIALLY'z' .0 6. City reserves' the right to at any time alter the bries illia of the premises and to designate access and utility casements within the premises when necessary for public purposes and the common_ good, subject to renegotiation of this agreement. 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 emohcht of One Thousand end 'Ei.ghty. - ($1,080.00.....: ) Dollarser P year, or one 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 du_, and said monthly pay- ment shall be due on the 20th day of the following ,month_ Operator agrees to submit a report to City, accompanyingthe monthly payment, for the months of 71arch, June, September, and December, of the•gross•sales and • receipts for the preceding quarter. If Operator shall knowingly .furnish any incorrect statement of gross sales and receipts, • this a;77.coastitnte- default on the part of Operator entitling City at its option to declare this Agreement terminated. Any such report which. shalt uade`,srary the gross sales and receipts for any month by as .much as tea percen t (10h) of the true amount thereof shall be conclusively deemed to have been knowingly and falsely furnished by him, and City in order to exercise •its option of termination shall only be regiured.to establish -such falsity and shall not be required to establish actual lnow1edge on the' part of Operator of such falsity. 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 me. tiOperator.further agrees to provide copies of sales tax reports and income tax statements to City within 30 days after such reports and statements are filed with the State and Federal governments. A reckoning shall, be 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. Operator agrees that the amount to be _paid nay be increased, at the option of City, at the end of calendar year. 1977, and again at the end of each succeeding two-year period, by an . ount not to exceed twenty percent (2073- The increase may be applied to either the flat monthly rate or to the per cent of gross sales and receipts, or to both, at the discretion of City. 8_ Operator covenants that it will not assign this Ag • - . Agreement nor subcontract the use of the whole or any part of said premises unless it has first obtained the written permission of City. 9_ Operator may construct or demolish buildings aad 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 equipuent in compliance with the City of Corpus Christi Building Code, Electrical Code, Fire Prevention Code, Plumbing Code Zoaing 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 shall be painted at intervals not to exceed tuo years unless Operator obtains a written waiver of this requirement -from City. 10. Operator agrees to maintain sewage disposal•faci-liti-es•1n,. compliance with all applicable laws and regulations. In this connection. Operator agrees to obtain a written statement.at least once per.yeai.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 writtea.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 pzemises, 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 other ise 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 Re solution No. 11768 by maintaining the premises so as to be clean and having a pleasing appearance. Operator agrees to maintain regular garbage collection services, 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. Lessee 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. lessee zgrees.to provide its services.to the public and to be open for business according to the folla-,ring.schedule ' DA+ OF THE [.'EEK • TINE 'F.XCCEPTIONS .Sunday 6:00 a.m. to 12:OOfpaa..• Closed is Rad Wha Ifonduy 6:00 2:22.. to 2:Qd- p.a. Tuetday= 6:00 a.m. to :00 p.m. Wednesday 6:00 a.m. to :00 p.m. Thursday 6:00 a.m. to :00 p.m. priday 6:00 a.m. to 0 p.m. Saturday 6:00 a.m. t 12: 0 p.m. Operator agrees to deviate from the foregoiag.sthedule only after ohtp-h+-7-ng written permission -from City. .13. It is expressly understood. that City shall•have the tight to eater the premises atreasonable hours to inspect facilities an.d.othexuise determine Operator's compliance With the Agreement. 14. Operator agrees to post 5.n. a conspicious place at evexp location where merchandise is sold, or fees'ere to Be charged, a schedule o prices which are not in excessof those rhe ged 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 payments hereunder, and as a consideration 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 anoua.t: due, .or in the failure of Operator to keep any of the covenants or agreements herein, or upon the violation by Operator of any city ordinance or odher last in the carrying out of this Agreement, then and from thenceforth this Agreement shall be terminated and the full amount due herzuzder shall become payable imine -� • diately. It is further understood and agreed that in such event all buildings and improvements on the premises shall remain as attached to the land and be and become the property of City unless Operator, within sixty days from the date of re-entry by City shall pay all payments then in default at the date of re-entry to City; and City shall at once have all right of re-entry upon said prem;Ses 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 assuage .a11 liability.for or on.account of any injury, loss or damage above-des- cribed, ani 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'imperfectioa in any building, pier, wharf, sidewalk, driveway, street, or any other,strncture in or upon the Coastal Public Lands hereinbefore described.. Operator agrees in this connection to carry public liability -insurance in the -rwrri ,nz sura of $100,000 for personal injury and.$5,000 for property danage,'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 insuranceoli - P ryas file with City. Coverage of said insurance Shall include the -entire premises' Including piers, wharfs, and any other water*£ront•faci.lities. EXECUTED this the .. ... 1(l-- -da - - y of...�JG`�... , 19"7s ATTEST: APPROVED: Day of CITY OF CORPUS CHRISTI BY R. MazWin Towns City }tanager 7^� AuinOK11EL CITY OPERATOR-- - :VISEO MAY 2, 1975 TRACT NO. 3 A tract or parcel of land and/or water being on the Southwest 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 N. 64° 03' W. along the center line of the Padre Island Causeway Right -of -Way a distance of 200 feet to a point; THENCE S. 25o 57' W. a distance of 70 feet to a point which is the most easterly corner of Tract No. 3; THENCE continuing S. 25° 57' N. a distance of 225 feet to the most southerly comer of Tract No. 3; THENCE N. 64° 03' 11. a distance of 300 feet to the most westerly corner of Tract No. 3; THENCE N. 25° 57 E. a distance of 225 feet to the most northerly corner of Tract No. 3; THENCE S. 64° 03' E. 1 distance of 300 feet to the most easterly and beginning corner of Tract No.3 for a closure of this tract; CONTAINItIG 1.55 acres of land and/or water, nate or less. • • Ccers,e• Pah, A • 3_3'05- • 7" =.9500' L =A:•,'•72_,(0" .2.9astita' 47-14.95#5443 2////100 hlyig 27-e5A• 5ifo: 2/.07/1.0a ei/afrarafifilcaaa/A"A 5kr 717e/700 .0.ef 72-5/74, zooI 5/o. fda "67cro 71-crfie 2' - e Tresfie i'- 5/a2e? elloa Ld 71-4-5/14, Corpus Christi, Tfas AD day of ,1929 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 CITY US CHRISTI, TEXAS . The Charter rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14710 by the following vote: 1 1