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HomeMy WebLinkAbout18876 ORD - 06/11/1985• AN ORDINANCE CONSENTING TO THE ASSIGNMENT OF THE WITT'S BAIT & TACKLE BAITSTAND LEASE FROM ADOLPH WITTNER TO MR. AND MRS. BILLY WAYNE BARTON. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council hereby consents to the assignment of the Witt's Bait & Tackle Bait Stand Lease from Adolph Wittner to Mr. and Mrs. Billy Wayne Barton, a substantial copy of which assignment is attached hereto and made a part thereof, marked Exhibit "A". 02.113.01 18876 MICROFILMED ASSIGNMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City Council by Ordinance No. 15826 passed and approved on October 22, 1980, authorized execution of a bait stand lease with Adolph Wittner, dba Witt's Bait & Tackle situated on the John F. Kennedy Memorial Causeway; 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, Adolph Wittner desires to assign the lease granted on Tract 10 of the Coastal Public Lands by Ordinance No. 16678 and the City is agreeable to the said assignment: 1. This assignment of lease shall cover the following described parcel or tract: BEGINNING at a point bearing S. 29 00' W. a distance of 70' from the center line of the Padre Island Causeway right-of-way and bearing S. 61 00' E. a distance of 150' from the center line of the Humble Channel. This point being the most northerly corner of this tract. THENCE S. 61 E. a distance of 512' to a point. This point being the most Easterly corner of said tract; THENCE S. 29 00' W. a distance of 200' to a point. This point being the most Southerly corner of said tract; THENCE N. 29 00' E. a distance of 200' to a point. This point being the most Northerly corner of said tract and also point of beginning. 2. Assignor, Adolph Wittner, proposes to sell the building, improvements, equipment and business situated on the aforesaid Tract No. 10 to Mr. and Mrs. Billy Wayne Barton to become effective on or about , 1985. 3. Assignees, Mr and Mrs. Billy Wayne Barton, agree to be bound to the terms of the lease between the City and Lessee Adolph Wittner, dated October 22, 1980, a copy of which lease is attached hereto and made a part hereof as Exhibit "A". Executed in duplicate this day of 1985. APPROVED: /1Q/ 28 , 1985: BY: Assists C © Atto nay CITY OF CORPUS CHRISTI BY: Assistant City Manager ASSIGNEE: BY: ASSIGNOR: BY: Adolph Wittner 'THE STATE OF TEXAS X COUNTY OF NUECES I AGREEMENT KNOW ALL MEN BY THESE PRESENTS THIS AGREEMENT is made and entered into by and between the City of Corpus Christi, Texas, hereinafter referred to as City, and Adolph Wittner, Sr., herein- after referred to as Operator, and Billie W. Barton and Doris Barton, hereinafter referred to as Subcontractor, 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 Operator a non-exclusive franchise for the purpose of building and operating a bait stand business and providing related services to further public recreation in the Coastal Public Lands described as follows: TRACT NO. 10 BEGINNING at a point bearing S. 29° 00' W. a distance of 70' from the center line of the Padre Island Causeway Right -of -Way and bearing S. 61° 00' E. a distance of 150' from the center line of the Humble Channel. This point being the most Northerly corner of this tract; THENCE S. 61° 00' E. a distance of 512' to a point. This point being the most Easterly corner of said tract; THENCE S. 29° 00' W. a distance of 200' to a point. This point being the most Southerly corner of said tract; THENCE N. 61° 00' W. a distance of 512' to a point. This point being the most Westerly corner of said tract; THENCE N. Z9° 00' E. a distance of 200' to a point. This point being the most Northerly corner of said tract and also point of beginning. CONTAINING 2.35 acres of land and/or water, more or less. 2. This Agreement is subject to all provisions of Coasta-1 Public Lands Lease No. CL -80-008, authorized and approved by Ordinance No. 15826 passed on October 22, 1980, by the City Council of the City of Corpus Christi, Texas. This Agreement is also subject to Texas State Department of Highways and Public Transportation Multiple Use Agreement of March 2, 1979, passed and approved by the City Council by Ordinance No. 14767 on February 14, 1979. 3. The term of this Agreement shall be five years beginning on September 16, 1981, and ending at 11:59 on September 15, 1986. 4. 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. City reserves the right to at any time alter the boundaries of the premises and 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. 6. For and in consideration of this Agreement, Operator hereby covenants and agrees with and to City that it will pay City at Corpus Christi, Texas, the amount of Seventy -Two and no/100 ($72.00) Dollars per month during calendar year 1981, and thereafter the amount of One Hundred Twenty and no/100 ($120.00) Dollars per month. Said monthly payments shall be due on the first day of each month. Operator agrees to submit to the City a true and accurate copy of the State of Texas Sales Tax Report 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 for and in consideration of this Agreement may be renegotiated at the option of either party, at the end of the calendar year 1983, and again at the end of each succeeding two year period, but in no event will any single increase in monthly payments on any such occasion exceed twenty-five percent (25%) of the then current monthly payments. Operator further agrees to pay the cost of newspaper publication of this Agreement as required by the City Charter. 7. City consents to Operator's subcontract of the buildings, improvements, equipment and business situated on the premises to Subcontractor. Subcontractor agrees to be bound to the terms of this Agreement. This consent to subcontract shall not operate to diminish or discharge Operator from liability under this Agreement. Operator agrees that it will not assign this Agreement or otherwise 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 City. Temporary renting of boat stalls or camper spaces constitutes the normal course of business. 8. Operator may construct or demolishbuildingsand structures, or extend and improve existing buildings and structures, provided that Operator first obtains the written approval of the City for each specific project. 9. Operator agrees to obtain each year a certificate of approval of sewage disposal facilities from the City of Corpus Christi-Nueces County Department of Public Health. 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. Page 2 of 4 Pages 10. Operator agrees to maintain regular garbage collection services, using either the services of the City 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, refrigerator, 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. 11. Operator agrees to provide services to the public and to be open for business according to reasonable business hours consistent with the business hours of other Operators in the immediate area, current business demand and good practice. 12. 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. 13. 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 shall not be in excess of those charged under similar conditions elsewhere within the City. 14. 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. In the event of default in the pay- ment 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 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; provided, however, that the above security to the City shall be subordinated to the lien or liens of any institutional lender upon the improvements and/or personal property whichare being added to the premises by the Operator to the extent that such lender may require the first lien security. Page 3 of 4 Pages • Operator agrees to notify City of such lien. 15. 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 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, driveway, 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 $300,000 for personal injury and $50,000 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 and any other waterfront facilities. 16. 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 diligence, and provided further that in no event shall lease payments abate for a period after each disaster aforesaid of longer than 180 days. EXECUTED in duplicate, this / 9e- day of 04.6-v- , 1981. ATTEST: Ci y Secretary� e(�_Lk5... AUTHORIZE, sr COUNCIL--1g:biite. APPROVED: SECRET Is" J. BRUCE AYCOCK, CITY ATTORNEY BY: CITY OF CORPUS CHRISTI �"� By: yrs r Ernest M. Briones. Acting City Manager OPERATOR , 1981 Adolph Wi tner, Sr. SUBCONTRACTOR BY : Ip1a J�u� '.U' Billie W. Barton BY: aO4 Doris Barton Page 4 of 4 Pages • • That the foregoing ordinance wag, read for t first time and ipased to its second reading on this the onf1• day of , 196 , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the foregoing ordinance third reading on this the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong read fo day of the second time and gaped to its 19J by the Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoijpng ordinanwas read for the rd time and passed finally on this the MILday of , 19 XS by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, this. the ATTEST: City Secretary APP OVED: pi -DAY OF 9 .rney Joe McComb Frank Mendez Bill PrUet Mary Pat Slavik Linda Strong day of MAY 9 THE CITY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS, tee County of Nueces. f" PUBLISHER'S AFFIDAVIT l Before me. the undersigned, a Notary Public. this day personally camp MARGARET RAMAGE , who being first duly sworn, according to law. says that be is the COMMUNITY RELATIONS SUPERVISOR of the Corpus Cbrieti Caller and The Corpus Chris i 1Ymq, Daily Newspapers published at Corpus Clrfrbti, Texas,, in. id County and State, and that the publication of NOTICE OF PASSAGE OF ORDINAE ON FIRST '1DING of which the annexed is a true copy. ,, psb aped in CTa,ller-Times Publishing Co. on the _2nd day of. June 19.15., and once 6a,F,l�_ may thereafter for ors , consecuttve�__. d4.Y ONE Times. $ 2300 MARGARET RAMAGE Subscribed and sworn to before me this... 10th EDNA ROSTER 11-30-88 „4t � a 19 8 5 tory Public. N - ty. Texas /TICE OF PASSAGE F OtDINANCE ON iIRST READING Li ,.ISENTING TO il-IE AS- SIGNMENT OF THE WITT'S BAIT & TACKLE BAITSTAND LEASE FROM ADOLPH WITT- NER TO MR. AND MRS. BILLY WAYNE BARTON. Was passed and approved on first reading by the City Council of the City or Corpus Christi, Texas on the 28th day of May, 1985, end the full text of said ordinance is avail- able to the public in the Office of the City Secretary. -s-Armando Chapa City Secretary Corpus Christi, Texa • PUBLISHER'S AFFIDAVIT STATE OF TEXAS, 1 County of Nueces. f r , Before me, the undersigned, a Notary Public. this day personally came MARGARET RAMAGE who being first duly sworn, according to law. says that be is the COMMUNITY RELATIONS SUPERVISOR of the Corpus Christi Caller and The Corpus CbrWi Times, Daily Newspapers published at Corpds Christi, Texas,, in said County and State. and that the publication of NOTICE OF PASSAGE OF ORDIN NCE ON SECOND READING of which the annexed b a true copy,, was published in Caller -Times Pub. Co. on the_ 9th day �. June ^ , 19 85. and once each daythereafter for one consecutive. day ONE TimPe. 23.00 MARGARET RAMAGE Subscribed and sworn to before me this__...17th 1 EDNA KOSTER 11-30-88 i �''0%1 lb 1320ay�2 q 0 NOTICE OF PASSAGE ( r, ORDINANCE ON SECOND READING CCNSENTINO TO THE AS- SIGNMENT BAIT A_TACKLEBAITSTAND ( LEASE FROM ADOLPH WITT- NER TO MR. AND M RS. BILLY WAYNE BARTON. - on first passed oaapproved Council reading by the of theus ' Christi, Texas on e+ 9th Corp,ay of June, 1988. The full text of said ordinance Is available to j the public in the Office of the City Secretary. -s-Armando Chaps City Corpus Chriaye`retery