Loading...
HomeMy WebLinkAbout14831 ORD - 03/07/1979JKH:vp:3-7-79:1st AN ORDINANCE AUTHORIZING ASSIGNMENT OF THE LEASE FOR PARKER'S BAIT STAND ON TRACT 4 OF THE COASTAL PUBLIC LANDS, SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FROM MR. AND MRS. FRANK MOORE TO CHARLES AND RAY BAUMGART, 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. 13074, passed and approved on March 17, 1976, authorized execution of a bait stand lease with Frank Moore dba Parker's 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. 13074, 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 Parker's Bait Stand on Tract 4 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. 13074, passed and approved by the City Council on March 17, 1976, said lease to be assigned by Frank Moore to Charles and Ray Baumgart, all 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". 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 emergency and necessity to exist, having requested the suspension of the 14831 MICROFILMED JUL 0 8 1980 • • 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 7 day ofiy,d, , 1979. ATTEST: 6e 04 Ci Secretary 4 APPROVED: 7 DAY OF MARCH, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cid /ttorneydr OR THE C Y OF C RISTI, TEXAS 0JKH:vp:3-7-79 ASSIGNMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES d WHEREAS, the City Council by Ordinance No. 13074, passed and approved on March 17, 1976, authorized execution of a bait stand lease with Frank Moore dba Parker's 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. 13074, and the City is agreeable to the said assignment: 1. This assignment of lease shall cover the following described tract or parcel: TRACT N0. 4 A tract or parcel of land and/or water located on the southwest side of -the Humble Channel Crossing on the Padre Island Cause- way and being more particularly described by metes and bounds as follows: BEGINNING at the center line of the Padre Island Causeway right-of-way and the most westerly end of the bridge crossing the Humble Channel; THENCE N. 61° 00' W. with Causeway right-of-way center line a distance of 200' to a point; THENCE S. 29° 00' W. a distance of 140' to the point of begin- ning and most northerly corner of this description; THENCE continuing S. 29° 00' W. a distance of 197.65', for the most westerly corner of this description; THENCE S. 34° 00' E. a distance of 222.12' to the most south- erly corner of this description; THENCE N. 56° 00' E. a distance of 335' to the most easterly corner of this description; THENCE N. 61° 00' W. parallel to and 140' south of the Cause- way right-of-way center line a distance of 350' to the most northerly and beginning point of this description. CONTAINING 1.648 acres of land and water, more or less. • • 2. Lessee, Frank Moore, proposes to sell the building, improve- ments, equipment and business situated on the aforesaid Tract No. 4 to Charles and Ray Baumgart, Assignees, to become effective on or about 1979. 3. Assignees agree to be bound to the terms of the lease between City and Lessee Moore, 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 ATTEST: day of , 1979. Frank Moore dba Parker's Bait Stand Mrs. Frank Moore ASSIGNORS AND LESSEES Charles Baumgart Ray Baumgart APPROVED: CITY OF CORPUS CHRISTI City Secretary APPROVED: R. Mary n Townsend DAY OF , 1979: City Manager J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney By ASSIGNEES 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 Frank Moore, d/b/a Parker 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 Frank Moore, d/b/a Parker 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 ": 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 Gist 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 Nine Hundred Thirty Six and No/100 ($936.00) 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 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. nNI EXECUTED this the 2.2. day of i' -"C\ x' , 1976. ATTEST: 30 %� AUTHORIZED APPROVED: 3 day of 1 /474' 74' City A torney CITY OF CORPUS CHRISTI By R. Mar OPERATOR in Townsend, City Manag Frank oore, . • a Parker Bait Stand • REVISED MAY 5, 1975 • TRACT NO. 4 A tract or parcel of land and/or water located on the southwest side of the Humble Channel Crossing on the Padre Island Causeway and being more particularly described by metes and bounds as follows: BEGINNING at the center line of the Padre Island Causeway Right -of -Way and the moat westerly end of the bridge crossing the Humble Channel; THENCE N. 61° 00' W. with Causeway Right -of -Way center line a distance of 200' to a point; THENCE S. 29° 00' W. a distance of 140' to the point of beginning and most northerly corner of this description; THENCE continuing S. 29° 00' W. a distance of 197.65', for the most westerly corner of this description; THENCE S. 34° 00' E. a distance of 222.12' to the most southerly corner of this description; THENCE N. 56° 00' E._a.distance of 335' to the most easterly corner of this description; THENCE N. 61° 00',W. parallel to and 140' south of the Causeway Right - of -Way center line a distance of 350' to the most northerly and beginning point of this description. CONTAINING 1.648 acres of land and water, more or less. a zs' %, NI ora e� . "i ,100 i N. 7 / X� / N./ /{_NSSF4 N!A ✓T ,, 7r 5horc/ice • 5k 5i,• 5d.75 nevi, Cousewoy S/a. /0////30 defizTirs//e eibm6/e Cone/Tresfie i1 ` 5/¢/07//70 f7dTrP5//e P• C. 5/o. //O/55. g,d/T ST�,t//J L,E 15s 1.ee,.5 .PF_ Pe 7i_, /c/f Alueces Coaa/y 457074-9rii7q Depi dP/qhf of /J✓vyropfist D.J3-/Oge, ,PeviSed dote,'1aq. /967: 4%'y/0/7" 4' Sco/s: /-•500' CUf... ff.L PUI;LIC Li iIi)S LEASE [10 L,-1000 ATE OFEXAS X COUNTY Or TRAVIS' X •r 11l.` Ua � a.±.. -r i L_:1 o!s_., The parties to this lease are the School Land Board of the Statd of Texas, LESSOR, and the City of Corpus Christi, Nueces County, Texas, LESSEE. This lease is made under the authority of and for the pur- poses set forth in the Coastal Public Lands Management Act -of 1973, TEX. REV. CIV. STAT. ANN. art. 5415e-1, §8(a) (1) and g8(b) (4)- The.term of this lease is five.(5) years from the date hereof. Either party hereto may terminate this lease by giving -notice - to the other party of intent to do so at least one year in advance of .the date of termination. . For and in consideration of the covenants herein contained on the part of LESSEE to be kept and perforc!ed, LESSOR does hereby lease unto LESSEE, subject to all provisions of TEX_ REV_ CIV'_ STAT. ANN. art. 5415e-1, the Coastal Public Lands described as Tract No.. 1 Tract No. 2, and. Tract No. 3 on Exhibit A attached' hereto and made e. part of this Lease Agreement. The Coastal Public Lands contemplated by this lease are express. subject to lease by the School Land Board-fdr the exploration for al development of oil, gas, minerals, and/or other -energy sources at a. time during the term_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 ].ease pay to LESSOR at Agustin, Texas, on the ninetieth day.after .the date hereof, or the next business day thereafter, if the same falls on a. Sunday or legal holiday, and every ninetieth day there- after until the termination of this agreement, thirty-three and one- third per cent (33-1/3,:) of the gross revenues derived by LESSEE fro and paid to it by virtue of contracts or franchise agreements enter.. into by LESSEE to promote public recreation upon the herc.inbeCore described Coastal Public Lands. ,fir'// .8 . 1 • • .lL is further- understood and agreed that twenty-five per. cent. (254.) of the :aid 'gross 'revenues shall be placed in an interest - drawing special account by LESSEE, consistent with the laws of the StatM, for the purpose of future appropriation by- LESSC1:: 'for planning, engineering and constructing public recreational facilities upon the hereinbefore described Coastal Public Lands; provided, that upon termination of the lease, any• unds remaining in said special account, With accrued interest, will he remitted _to LESSOR; provided further, that plans, drawings and description of any public recreational facilities funded out of said special account, shall be submitted to LESSOR for LESSOR'S approval before construction begins. It is further understood and agreed that all books, records and ledgers kept by LESSEE relating.to revenues derived by virtue of contracts or franchise agreements entered into by LESSEE to promote public recreation upon -the hereinbefore described Coastal Public Lands, shall be made available to LESSOR upon request. _ It is further agreed and understood that LESSOR shall not be liable to LESSEE, or to any other person whatsoever, for any injury, loss or damage to any person or property in or upon the Coastal Public Lands hereinbefore described. LESSEE hereby consents and agrees to assume allliability for or on account of any injury;. loss or damage.above described, and to indemnify and forever.hold .harmless LESSOR against -each and every claim, demand or cause of • action that•may be made against LESSOR by reason of or in any way arising out of any defect or imperfection in any building,_ pier, wharf, sidewalk, driveaiay, street, or -any other structure in dr upon the Coastal. Public lands leased hereby_ EXECUTED in duplicate originals this the' ?,5I day of G G , 1974. ATTEST: SCHOOL LAND BOARD OF THE STATE OF TEXAS 47 77 Secretary of the School Land Board Bob /Armstrong, Chairman Y�- L.-.J A.._ - /, • ATTEST: CITY,/ CORPUS CHRISTA, B Cl G G. 'Read • APPROVED:11 J-tmes R, Riggsj , ity Attorney /' r THE STATE OF TEXAS. COUNTY OF TRAVIS X X 1:. Marvin Townsend City Manager BEFORE UF., the undersigned authority, on this day personally appeared BOB ARMSTRONG, Chairman of•the School Land Board of the State of Texas, known to me to be the person and officer whose name is subscribed to the foregoing. instrument, and acknowledged. to me that he executed the same as the act and deed of said Schoc Land Board of the State of Teras for the purposes and consideratic therein expressed and in the -capacity therein stated_ GIVEN UNnER MY HAND AND SEAL OF OFFICE, this of e �.1 974, THE STATE OF TEXAS COUNTY OF RUECES thes i c!:e day ,, i _ /' l C' Lam,/ -a-/ c/7.. O%:ri� . )/\7 Notary Public in and for -.-.0• N ,';:'iT .TRAVIS COUNTY, TEXAS -c-.,:./,..:...... ,V:: ,X BEFORE ::E, the undersigned authority, on this day personally appeared R. 1MMARVIN TOWNSEND, City Manager of the City of . Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same - as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein mated_ GIVEN UNDER NY HAND AND SEAL OF OFFICE, this the of CLQ t:_Gc , 1974. 7-.C/- day • Notary Public in and for NUECES COUNTY, TEXAS Fi):i :nor, -3- • • CERTIFICATE I, H. E. White, Secretary of the School Land Board of the State of Texas, do hereby certify that at a meeting of the School Land Board duly held on the 16thday of July , 1974, the foregoing instrument was presented to and approved by said BOard under the provisions of Article 5382c, VCS., all of which is set forth in the Minutes of the Board of which I am custodian. In TESTIMONY WHEREOF, witness my hand this. the .25th • day of October , 1974: • 11, IrTkVA,•--"TC-0- Secretary/73f. the School Land Board • \ • • Corpus Christi, Texas / day of N , 197.? 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 The Charter rule was suspended by Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample e following vote: The above ordinance was passed by Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt • Tony Juarez, Jr. Edward L. Sample e following vote: 148 1_