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.
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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
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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;
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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,
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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
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..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.
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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
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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
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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.
•
•
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5/o. fda "67cro 71-crfie 2' -
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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