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.
•
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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
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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
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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
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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
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. "i ,100 i
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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
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,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
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.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
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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,
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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_