HomeMy WebLinkAbout14915 ORD - 05/23/1979jkh:5-9-79;lst
AN ORDINANCE
AMENDING THE ASSIGNMENT AGREEMENT AUTHORIZED BY ORDINANCE
NO. 13694, ASSIGNING THE LEASE AUTHORIZED BY ORDINANCE
NO. 13070, LEASING TRACT 12 OF THE COASTAL PUBLIC LANDS,
BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON
PADRE ISLAND CAUSEWAY FOR THE PURPOSES OF BUILDING AND
OPERATING A BAIT STAND BUSINESS, BY INCREASING THE ANNUAL
RENTAL FROM $792 TO $1,200 AND BY REVISING AND ENLARGING THE
AREA OF THE TRACT FROM 1.38 ACRES OF LAND AND SUBMERGED
LAND TO 1.894 ACRES, ALL AS MORE FULLY SET FORTH IN THE
AMENDED ASSIGNMENT AGREEMENT, A SUBSTANTIAL COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
•
WHEREAS, by authority of Ordinance No. 13070, passed and approved
by the City Council on March 17, 1976, an agreement was entered into between
the City of Corpus Christi and Homer Benson, dba Homer's Rainbow Bait Stand,
covering Tract 12 of the Coastal Public Lands, being situated on the Intra-
coastal Canal crossing on Padre Island Causeway, for purposes of building
and operating a bait stand business; and
WHEREAS, subsequent to the said ordinance,assignment of the lease
was made to John Null, Jr. by authority of Ordinance No. 13226, and subsequent
thereto, assignment was authorized by Ordinance No. 13694 to James M. Bronson;
and
WHEREAS, the assignee desires to enlarge theleased area, and the
City is agreeable to the leasing of said additional area:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Assignment Agreement authorized by Ordinance
No. 13694, assigning the lease authorized by Ordinance No. 13070, leasing
Tract 12 of the Coastal Public Lands, being situated on the Intracoastal
Canal crossing on Padre Island Causeway for the purposes of building and
operating a bait stand business, be and the same is hereby amended by revising
and enlarging the area of the tract from 1.38 acres of land and submerged
land to 1.894 acres, as more fully described hereinafter, and as more
fully set forth in the amended Assignment Agreement, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit "A". Further,
in consideration of the leasing of the additional land and submerged land,
the annual rental of the said leased area shall be increased from $792 to
$1,200.
14915
MICROFILMED
JUL 0 81980
TRACT NO. 12
(REVISED APRIL 3, 1979)
Description for a tract of land and/or water lying south
of the Padre Island Causeway (Laguna Madre Causeway, John
F. Kennedy Memorial Causeway) and east of the Intracoastal
Canal and being out of State Tract No. 50, being more
particularly described by metes and bounds as follows:
BEGINNING at a point in the centerline of said Padre Island
Causeway at its intersection with the west or mainland side
of Laguna Madre at Engineer's Station 57 + 75.58;
THENCE with the centerline of said Padre Island Causeway,
S. 61° 00' E., 5301.09 feet, the P. C. of a curve at
Engineer's Station 110 + 76.67; Thence still with the
centerline of said Padre Island Causeway and with the arc of
a circular curve to the right whose central angle is 300 00'
04", and whose radius is 1909.86 feet, an arc distance of
1000.03 feet to a point, the P.T. of said -curve, at Engineer's
Station 120 + 64.65 (Equation = -12-.05 feet); Thence S. 30°
59' 56" E., still with the centerline of said Padre Island
Causeway, a distance of 6640.0 feet to a point, the P.C. of
a circular curve at Engineer's Station 187 + 04.87 back =
186 + 77.21 forward; Thence with the Base line of said Padre
Island Causeway in a southeasterly direction with a circular
curve to the left whose central angle is 33° 02' 35", and
whose radius is 2864.79 feet, an arc distance of 1652.16 feet
to a point the P.T. of said curve, at Engineer's Station
203 + 57.03; Thence S. 64° 02' 31" E., with the centerline
of said Padre Island Causeway, a distance of 1056.97 feet at
Engineer's Station 214 + 14.00, being a point in the centerline
of said Padre Island Causeway right-of-way and also in the center-
line of the Intracoastal Canal;
THENCE S. 25° 57' 29" W., a distance of 525.0 feet to a point in
the southwest right-of-way line of said Padre Island Causeway;
Thence S. 64° 02' 31" E., with the southwest right-of-way line
of said Padre Island Causeway, a distance of 200 feet to a point,
for the most northerly and beginning corner of the tract herein
described;
THENCE S. 64° 02' 31" E., with the southwest right-of-way line
of said Padre Island Causeway, a distance of 300.0 feet to a
point, for the most easterly corner of the tract herein described;
THENCE S. 25° 57' 29" W., a distance of 275.0 feet to a point
for the most southerly corner of the tract herein described;
THENCE N. 64° 02' 31" W., with a line that is 800.0 feet south-
west of and parallel to the centerline of said Padre Island
Causeway, a distance of 300.0 feet to a point, for the most
westerly corner of the tract herein described;
THENCE N. 25° 57' 29" E., a distance of 275.0 feet to the point
of beginning.
Containing 1.894 acres of land and/or water, more or less.
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AMENDED ASSIGNMENT AGREEMENT
THE STATE OF TEXAS 0
COUNTY OF NUECES 0
WHEREAS, the City Council by Ordinance No. 13070, passed and approved
on March 17, 1976, authorized execution of a bait stand lease with Homer
Benson, dba Homer's Rainbow 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, by succeeding assignments, authorized by the City Council,
authorization was given for assignment of the aforesaid lease to John Null, Jr.
and James M. Bronson; and
WHEREAS, the said assignee, James M. Bronson, desires to lease
additional land adjacent to the leased premises under the jurisdiction and
control of the City and the City is agreeable to leasing the additional land
area:
1. This amended assignment of lease shall cover the following
described tract or parcel:
TRACT N0. 12.
(REVISED APRIL 3, 1979)
Description for a tract of land and/or water lying south
of the Padre Island Causeway (Laguna Madre Causeway, John
F. Kennedy Memorial Causeway) and east of the Intracoastal
Canal and being out of State Tract No. 50, being more
particularly described by metes and bounds as follows:
BEGINNING at a point in the centerline of said Padre Island
Causeway at its intersection with the west or mainland side
of Laguna Madre at Engineer's Station 57 + 75.58;
THENCE with the centerline of said Padre Island Causeway,
S. 61° 00' E., 5301.09 feet, the P. C. of a curve at
Engineer's Station 110 + 76.67; Thence still with the
centerline of said Padre Island Causeway and with the arc of
a circular curve to the right whose central angle is 300 00'
04", and whose radius is 1909.86 feet, an arc distance of
1000.03 feet to a point, the P.T. of said.curve, at Engineer's
Station 120 + 64.65 (Equation = -12-.05 feet); Thence S. 300
59' 56" E., still with the centerline of said Padre Island
ex/i. •)9
Causeway, a distance of 6640.0 feet to a point, the P.C. of
a circular curve at Engineer's Station 187 + 04.87 back =
186 + 77.21 forward; Thence with the Base line of said Padre
Island Causeway in a southeasterly direction with a circular
curve to the left whose central angle is 33° 02' 35", and
whose radius is 2864.79 feet, an arc distance of 1652.16 feet
to a point the P.T. of said curve, at Engineer's Station
203 + 57.03; Thence S. 64° 02' 31" E., with the centerline
of said Padre Island Causeway, a distance of 1056.97 feet at
Engineer's Station 214 + 14.00, being a point in the centerline
of said Padre Island Causeway right-of-way and also in the center-
line of the Intracoastal Canal;
i
THENCE S. 25° 57' 29" W., a distance of 525.0 feet to a point in
the southwest right-of-way line of said Padre Island Causeway;
Thence S. 64° 02' 31" E., with the southwest right-of-way line
of said Padre Island Causeway, a distance of 200 feet to a point,
for the most northerly and beginning corner of the tract herein
described;
THENCE S. 64° 02' 31" E., with the southwest right-of-way line
of said Padre Island Causeway, a distance of 300.0 feet to a
point, for the most easterly corner of the tract herein described;
THENCE S. 25° 57' 29" W., a distance of 275.0 feet to a point
for the most southerly corner of the tract herein described;
THENCE N. 64° 02' 31" W., with a line that is 800.0 feet south-
west of and parallel to the centerline of said Padre Island
Causeway, a distance of 300.0 feet to a point, for the most
westerly corner of the tract herein described;
THENCE N. 25° 57' 29" E., a distance of 275.0 feet to the point
of beginning.
Containing 1.894 acres of land and/or water, more or less.
2. The annual cash rental shall be increased to $1,200 for the
remainder of the lease term; provided, however, that the rental for 1979
shall be prorated from the date of execution hereof.
3. Assignee Bronson agrees to be bound to the terms of the lease
between City and Lessee Benson, 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.
-2-
THE STATE OF TEXAS
0
COUNTY OF NUECES
AGREEMENT
KNO'.J ALL MEN BY THESE PRESENTS:
•
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 Homer Benson, d/b/a Homer's Rainbow 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 anti performed, City does hereby
grant to Homer Benson, d/b/a Homer's Rainbow 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 1 _.,on Exhibit "A" attached hereto
and made a part of this Agreement.
2. This Agreement is subject to all provisions of Coastal Public.
Lands Lease No. L-1000, a copy of which is attached hereto as Exhibit
'"B"; and to all provisions of TEX. REV. CIV. STAT. ANN. ART. 5415e-1.
This Agreement is subject to the approval of the Texas School Land
Board.
3. The term of this Agreement shall be for a period beginning
on the 61st day following the date of final adoption of the Ordinance
authorizing this Agreement and ending on October 211, 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 A;;r•ecment are
expressly :subject to lease by the School hand board for• the explorati
for and development of oil, gas., minerals, and/or other energy source
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 Seven Hundred Ninety Two and
No/100 ($792.00) Dollars per year. Payments shall be made by Operato
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 :Lt 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.
-2-
•
9. Operator may construct or deroll::h bulldint;:; and :structures
or extend and .improve existing bu.i.l.d:i.nrs and structures, provided
that Operator first obtains the uritLen approval of City for each
specific project. Operator shall construct; and repair all improvemer
and install all equipment in compliance with the City of Corpus Chris
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 buildin
and structures and equipment installation shall be at the expense of
Operator. Building previously painted, or made of a material requiri
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 reguiar•servicing in accordanc
-
withaa schedule approved by City. Operator further agrees to procures
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_prernises. 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. 1].768 by maintaining the premises so
as to be clean and have a pleasing appearance. Operator agrees to
—3—
•
msintain regular• garbargc cotleeti.on :;er•v.ice:;, using either the
services of• the City of Corpus Christi Sanitation Division, or the
services of a solid taste contractor holding a City of Corpus Christ
Solid Waste Per•,irit; and to prevent: the accumulation or storage on th.
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.
11. 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 -
exoess 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 building:; and improvements on
•
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
].ease 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
•
reasonable cl•LI.ivenec, and provided further that in no event :;hall
].else payments abate for a period after each dina:.ter afore:.aid
of longer than 180 days.
c•
EXECUTED this the ZZ day of 19Th.
ATTEST: CITY OF CORPUS CHRISTI
AUTHORIZED
sY COUNCIL 3- -- —�--
APPROVED:
a.
S C :TAAY!
d day of "d r..1-
4 444.0
City A torney
By GG/LL k G�L'r.�vir1
R. I4:rvin Townsend, City r4ana Nr._
OPERATOR
By
Homer Benson, d/b/a Homer's
Rainbow Bait Stand
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TRACT ro. 12
A tract of land and submerged land fronting 200 feet, more or less,
on the East bank of the Intracoastal Canal, and extending eastward,
parallel with the Laguna Madre or Padre Island Causeway, to a depth
of 300 feet. Said tract is situated in Nueces County, Texas on
filled land in the Laguna Madre, on the south side of said Causeway,
about 15 miles S. 37° E. from the County -Courthouse, and is more
particularly described, as follows:
Beginning at a point on the cast bank of a channel known as the
Intracoastal Canal, south of the Laguna Madre or Padre Island
Causeway near the point where the Causeway crosses said Channel,
the Southwes t•corner of a lease from Nueces County, in the name of
the Red pot Bait Stand (Lease Tract #2), primary teres of which expired
on March 31, 1958 and which was then renewed for a tern of five years,
for the most Northerly corner of this tract, whence a point on the •
centerline o1' said Causeway Right -of -Hay bears N. 25° 57' E. 525 feet;
•
Thence S. 64° 03' E., with the South boundary line of said Red Dot'
Bait Stand lease, and parallel with and 525 feet southerly, measured
at right angles, from the center line of said Causeway Right -of -Way,
300 feet to a point for the most Easterly corner of this tract;
Thence S. 250 57' W., parallel with said Intracoastal Canal, 200 feet,
more or less to a point for the most Southerly corner of this tract;
Thence N. 640 03' W., parallel with and 725 feet southerly, measured
at right angles from center line of said Causeway Right -of -Way, 300
feet to a point -on said east bank of Intracoastal canal, for the most
-Westerly corner of this tract;
Thence N. 25° 57' E. with the east bank of said Intracoastal Canal,
200 feet, more or less, to the place of beginning.
Containing an area of 1.38 acres of land and submerged land;
That the foregoing ordinance was read for the first time and passed to its
second reading on this the 9 day of ce9,70, , 19 75? , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
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That the foregoing ordinance woes read for a second time and passed to its
third reading on this the /1, day of , 19'?' , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinan as read for the third time and passed finally
on this the A.6 day of , 19 ' , by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dunphy
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the .23 day of / a. , 1977 .
ATTEST:
Ci S airy W
A7VED:
C DAY OF , 19 7
J. BRUCE AYCOCK, CATTORNEY
By
Assistant Citj4 orney
•
MAYO
THE Y OF CORPUS CHRISTI, TEXAS
14915