HomeMy WebLinkAbout15322 ORD - 01/23/1980AN ORDINANCE
APPROVING THE SUBLEASE OF THE RED DOT BAIT STAND FROM
S. A. KIMBRELL TO BILL CHANEY OF TRACT 2 OF THE COASTAL
PUBLIC LANDS, SITUATED ON THE INTRACOASTAL CANAL CROSSING
ON PADRE ISLAND CUASEWAY, LEASED TO MR. KIMBRELL AS
AUTHORIZED BY ORDINANCE NO. 13075, AS MORE FULLY SET
FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"1", AND AS APPROVED BY CONSENT AGREEMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO, MARKED "A"; AND
DECLARING AN EMERGENCY.
WHEREAS, the City Council by Ordinance No. 13075, passed and approved
on March 17, 1976, authorized execution of a bait stand lease with S. A.
Kimbreld„ dba Red Dot Bait Stand, situated on the Intracoastal Canal crossing
on Kennedy 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, Bill Chaney desires to sublease the bait stand on Tract 2
of the Coastal Public Lands granted by Ordinance No. 13075, 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 S. A. Kimbrell on Tract 2
of the Coastal Public Lands, situated on the Intracoastal Canal crossing in
Kennedy Causeway, containing 2.583 acres of land and/or water, more or less,
being the same lease area authorized for bait stand leased by Ordinance No.
13075, as shown by copy of said lease attached and marked Exhibit "1", passed
and approved by the City Council on March 17, 1976, said bait stand to be
subleased by Bill Chaney, all as more fully set forth in the Consent to Sublease
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 sub-
lease agreement at the earliest practicable date creates a public emergency
and an imperative public necessity requiring the suspension of the Charter
1_53,22
MICROFILMED;,
11 r ,1 1§g9
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 that such
emergency and necessity 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 :43 day of January, 1980.
ATTEST:
Ci ec� ry
APP VE
r, DAY OF JANUARY, 1980
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Ci7''r orney
MAYOR Pto:Tem
THE CITY 0 RPUS CHRISTI, TEXAS
CONSENT TO SUBLEASE
THE STATE OF TEXAS §
COUNTY OF NUECES
WHEREAS, the City Council by Ordinance No. 13075, passed and
approved on March 17, 1976, authorized execution of a bait stand lease with
S. A. Kimbrell dba Red Dot Bait Stand, situated on the Intracoastal Canal
crossing on Kennedy 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, Bill Chaney desires to sublease the bait stand on Tract 2
of the Coastal Public Lands granted by Ordinance No. 13075, and the City is
agreeable to the said sublease:
1. This consent to sublease shall cover the following described
tract or parcel:
TRACT NO. 2
A tract or parcel of land and/or water being on the southeast side of
the Intracoastal Canal crossing on Padre Isiari Causeway, and being
more particularly described as follows:
BEGINNING at a point which is in the center line of the Padre Island
Causeway Right -of -Way and the center of Trestle "B", being also the
center line of said Intracoastal Canal;
THENCE S. 64° 03' E. along the -center line of the Padre Island Causeway
a distance of 200 feet to a point; .
1'rir:NCE S. 25° 57' W. a distance of 150 feet to a point which is the most
northerly corner of Tract No. 2; -
THENCE S. 64° 03' E. a distance of 300 feet to the most easterly corner
of this tract;
THENCE S. 25° 57' W. a_distance of 375 feet to the most southerly corner
of this tract;
THENCE N. 64° 03' TJ. a distance of 300 feet to the most westerly corner
of this tract;
THENCE N. 25° 57' E. a distance of 375 feet to the place of beginning;
LOTTING 2.583 acres of land and/or water, More or less.
2: Assignee, Bill Chaney, proposes to sublease the building, improve-
ments, equipment and business situated on the aforesaid Tract 2, under the
terms of the original lease, which is attached hereto as Exhibit "1" to become
effective on or about January 20, 1980.
3. Sublessee agrees to be bound to the terms of the lease between
the City and the original Lessee, S. A. Kimbrell, dated March 22, 1976, a
copy of which is attached hereto and made a part hereof, marked Exhibit "112.
4. It is understood and agreed that this Consent to Sublease shall
not operate to diminish or discharge S. A. Kimbrell from liability under the
original lease and assignment.
5. Sublessee shall 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
expired on October 24, 1979, with the option to renew for five additional
five years, if the City obtains authority from the School Land Board to so
extend the lease.
EXECUTED this the day of , 1980.
ATTEST:
Bill Chaney
SUBLESSEE
S. A. Kimbrell
LESSEE
APPROVED: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED: DAY OF JANUARY, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
THE STATE OF TEXAS
COUNTY OF NUECES
ff
AGREEMENT
KNOW 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 S. A. Kimbrell, d/b/a Red Dot 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 S. A. Kimbrell, d/b/a Red Dot 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 2- 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 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.
X l� "1"
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 destructionor 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 One Thousand Two Hundred Twenty
Four and No/100 -($1,224.00) 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 9g -2.0z, 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
-3-.
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
_ f
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_eventA 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.
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 t15 -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 diligence, and provided further that in no event shall
lease payments'abate for a period after each disaster aforesaid
of longer than 180 days.
Z
EXECUTED this the '2":2" day of rN-Nav c. , 1976.
ATTEST:
AUTHORIZED
BY COUNCIL . —/ 7— 7 ti_
SECRET/NO By
S. A. Kimbrell, d/b/a Red Dot
CITY OF CORPUS CHRISTI
By
' R. Mary
OPERATOR
Bait Stand•
APPROVED:
3 day of
‘'v City Attorney
TRACT NO. 2
(
. .
A tract or 1-wrcel of land and/or water being on the southeast 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_center line of the Padre Island
Causeway Right-of-Way,and the center of Trestle "B", being also the
center line of said Intracoastal Canal;
THENCE S. 64° 03'.E..along the center line of the PadreIsland Causeway
a distance of 200 feet to a point; -
THENCE S. 25° 57' W. a distance of 150 feet to a point which is the most
northerly corner of Tract No. 2; •'
. ,
THENCE S. 64° 03' E. a distance of-300_feet to the
of this tract; . z -
THENCE S. 25° 57'
of this tract;.
THENCE BC 64° 03'
of this tract;
THENCE N. 25° 57'
most easterly corner
a distance of 375 feet to the most southerly corner
WC a distance of 300 feet to the most westerly corner
E. a distance of 375 feet to the place of beginning;
CONTAINING -2.583 acres of land and/Or water, more or less. • : •
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COASTAL PUiJL[C'LAi:O5 LEASE, IIJ__ ,L -].00U • Qi, r •1 v.n4
u; Of TEXAS X
• ..4
COUNTY or TRAVIS X
The parties to this lease are the School Land Beard of the
State 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
5H (b)
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.
of .the date of termination.
so at least one year in advance
•
For and in consideration of the covenants herein_ contained
on the part of LESSEE to be kept and performed, 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 Vol. 3 on Exhibit A att achedhereto and made
part of this Lease Agreement_
-The Coastal Public Lands contemplated by this lease are exprese
_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 tern hereof.
-Tor and in consideration of this lease, LESSEE hereby covenant:
and agrees-with'and_to LESSOR that it will during the term of the
lease pay to_LESSOR at Austin, Texas, on the ninetieth day after
.the date hereof, or the next business day thereafter, if the Seme
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'revenuex derived by LESSEE fro
and paid to it by virtue of contracts or franchise agreements entcre
into by LESSEE to promote public recreation upon the hereinbefore
described Coastal Public Lands.
XL is further- understood and agreed .tI•at twenty-five per. Cent
(2:5) of the said -gross revenues shall be placed in an inL'erest-
drawing special account by L1:SSEE, consistent with -the laws of the
State, for the purpose of future appropriation by LESSEE for
planning, engineering and constructing public recreational
facilities upon the hereinbefore described Coastal Public Lands;
provided, that upon termination of the lease, any 'funds remaining
in said special account, with accrued interest, will be 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 all liability 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 Dade against LESSOR by reason of or in -any way
- arising out of any defect or imperfection -in any building,_ pier,
wharf, sidewalk, drivs.iay, street, or -any other structure in or
upon the Coastal Public lands leased hereby_
EXECUTED in duplicate.originals this the' _.2,5a,(, day of
(JG✓/L'rJ
;1974_
ATTEST:
JO
SCHOOL LAND BOARD OF THE
STATE OF TEXAS
Secretary of the School Land Board Bob Armstrong, Chairman
ATTEST: CITY OF .CORPUS CHRIST
/; _ . •, �%
i"a.Cl G- -Read
APPROVED:
James R- Riggs
amity 7.ttorney
THE STATE OF TEXAS
COUNTY OF TRAVIS
•
73y
R.t•iarvin ' ownsend
City Manager -
0-2_88
3? Cr.:?; iC,t ::rT f=e. .
BEFORE 34E4' the" undersigned authority, on this. day personally
appeared BOB ARMSTRONG, Chairman of•the School Land Board of the
State of •re::as, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged._
to r,e that he executed the same as the act and deed of said Schoc
Land Board of the State of Texas -for the purposes and consideratic
therein expressed and in. the. capacity therein state
GIV ,,N DtipER ]4Y WAND AND SEAL OF OFFICE, this the--1�,=:` day
of�i�,.,1'�:; 1 , 1974: .
C>,
- - =
'N.,/‘ :'(::Notary Public in and for
•
COUNTY, TEXAS
•
THE STATE OF TEXAS , X
COUNTY OF NUECES
,X
-BEFORE ME,- the undersigned authority, on this day personally
appeared F._- 3ARVIN TO NSEND, City Manager of the City of .Corpus
Christi, -Teras, 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 ai:d in the capacity
therein s to 1 cd•.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the C":cL day
, 1979.
✓ LC✓ -fes. .. �%• 1.:.- /i_ r•4(
Votary Public in and for
NUECES COUNTY, TEXAS
- CERT I F I -CAT::
1, H. E. White, Secretary of the School Lard Board
of the State o` -Texas, do hereby certify that at a meeting
of the School Land Board duly held on the 1o'thday of
July , 1974, the foregoing instrument was
presented to and approved by said Board under the provisions
of Article 5382c, Vc5, all of which is set forth in the Minutes
of the Board of which r am custodian.
I14 TESTIMONY1thBBEOF, witness my hand this, the .25th -
day of - October.. , 1974_ - •
it14 y \
Ser:;taryrTot the School Land Board
A'RES OLVrION
EXPRESSING THE CONCERN OF TIE CITY COUNCIL Or CORPUS
CURISTI TO I:•'PR OPE. AND 1_1It7T!dN TEE ATTRACTIVEESS
JCi0 AESlEET_ICS Or TUE VARIOUS E 1TFANCEi:_lYS TO IE
CITY, SUCH AS nica:-IATS 77; 181, I.E. 37, S.H. /4,
-CHAPMAN RANCE 80.17, WEBER ROAD AND OLD BROWNSVILLE
ROAD; AND rd :ci-R EXP3ESSI\G THAT TEIS CO';CERV BE
_T NEN AS A STATE --ENT OF GENERAL POLICY TO CIV:
c-Imi :C E AND DIRECTION TO T.'-,.` PL: u:G C05?1ISSI0N AND
OTHER L'_DVISOPY BOARDS IN THEIR DELIBERATIONS; AND
DECLL3T:G AN r^;.ERCENCY_
1- EBEt.5, the City Council of tha City of Corpus Christi, Texas,
- desires to a.prove and raintain the attractiveness :ad aesthetics of various
- entrancev3ys to the City, such as 'Highways 77 and 181, I.0 37, S.IL. 44,
Chapman Pinch Road, Weber -Road and, Old Brownsville Road; and -
ITa2P.E_AS, the City Council desires that this concerti be taken_ as
a statement of general policy to give guidance and directions to .the P1arming
"Co^- sion and other advisory boards in their deliberations:
10W, TR-EREEORE, BE IT RESOLVED BY TEE CITY COUNCIL OF TEE CITX OF
CORPUS CHRISTI, iTETAS_
SECTION 1_ .That thea City of Corpus Christi hereby.c_presses its
desire to ±prove and raiatain the attractiveness and aesthetics of the
various entratce ays-to the City- --
SECTION 2_ That the City Council further expresses its desire fh t--
this concern be taken as a statement'of general policy to give guidaace and
direction to the Planning Commission. and other advisory boards in their
• deliberations. -
SECTION 3_ The necessity to imprdve and Faintein- the attr:ctive-es
of the various entranceways to the City creates a public nnargency and aa.
imperative public necessity requiring the susp_asioa of the Charter rule
that no ordinance or resolution shall be passed finally oa the data of its
introduction but that such ordinance or resolution shall be read at three
- or having de
several meetings of the City Council, and the `.a�' -cicred such
emergency and necessity to exist, and having requested t?a suspension c`_ -
the Charter rule acd that. this resolution be passed finally oa
the date of
r
•
•
its introduction and Ln::e. effect and be in full force and eifect.froa and
after its passage, IT IS ACCO.RDU GLY S0 RESOLVED, this the 7 day of
Tiovenber, 1973_
AIItST:
City Secreta
.APPK ED:
71 731 Oz123OVEIIBER, 1973:
I
IJAYOR - - THE CITY OE COPrUS CHRISTI, TEXAS
Corpus Christi, Texas
7 c
day of , 19
TO /hr. !T<N.BERS OF TILE 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 suspen-
sion 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 ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council_ .
Respectfully,
MAYOR
• 'THE CITY OF CORPUS CFRISTI; TEXAS
The Charter'rule vas suspended by the follc.zing vote: .
Jason Ltby
James T. Acuff
Rev. Harold T. Branch -
Thomas V: Gonzales'
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
0
The above ordinance vas passed by the following vote:
Jason Luby
Janes T_ Acuff
Rev_ Harold T. -Branch • . •
Thomas V. Gonzales lLyf�
Ricardo Gonzalez l'"u
- Gabe'Lozano, Sr.
J. Howard Stark // 1
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
SUB—LEASE AGREEMENT
THIS CONTRACT OF SUB—LEASE AGREEMENT, made and entera into
by and between S. A. Kimbrell, of Nueces County, Texas, hereinafter
called LESSOR, and Bill J. Chaney, of Nueces County,'Texas, herein
• after CALLED LESSEE,
W I T N E SSE T H:
•
I.• • 1
That the said Lessor does by these presents Sub—lease, let
1
and demise unto the said Lessee the following described property •
known as the RED DOT BAITSTAND, and Ming described as Tract 2,
of the Coastal Public Lands, being situated on the Southeast side
1
of the Intracoastal Canal crossing on'the Padre Island Causeway
(John F. Kennedy Causeway), for purposes of operating a bait stand
business, all as more fully set forth in the form attached hereto,
and marked Exhibit "A", and made a part hereof.
WHEREAS, Lessee has agreed to sub -1
lease the above described
{
premises from Lessor for a period of (3) years, beginning on the
20th day of January, 1980, and extending through January 19th,
1983, upon the terms and conditions hereinafter stated;
3.
Lessor does hereby sub—lease, demise and let unto Lessee
the above described premise, said sub—lease to run and be in effect
for a term of (3) years, commencing with the 20th day of January,
1980, and extending through January 19th, 1983, subject to the
terms and conditions hereinafter stated.
4.
Lessor hereby grants unto the Lessee the option to purchase
the herein sub—let business- at the end of the lease period along
with all improvements and fixtures therein for the sum of
TWENTY FIVE THOUSAND (S25,000.00) Dollars cash.
' It is agreed and understood by the parti-es hereto -,-that all
lease rental payments will be applied to and credited to the pur—
Y
chase price in the event Lessee exercises his option to purchase.
It is further agreed and understood by the parties that Lessee
shall give Lessor 30 days notice in writing of his intent to-,
exercise his option to purchase.
•
Lessee agrees, and.binds -and obligates himself to pay -to
Lessor the'sum•of TEN THOUSAND EIGHT-•HUNDRED'(310,800.00) Dollars,
as rent for the use of said premises for the said (3) year period,
said, rent.to-_be-.due and payable in monthly installments„of THREE '”
HUNDRED ($300,00) Dollars, said monthly installments to'be payable--•
in advance to Lessor in Corpus Christi, Nueces County, Texas. First
payment to be due and payable upon the execution of this contract
and a like paymnet on the 20th day of each succeeding month there— -
after during the term of this sub—lease.
6.
It is agreed by the parties that in the event Lessee fails
to exercise his option to purchase, then in that event Lessor will
'gni-Chase from Lessee his inventory of'merchandise'provi.ded-there -"-
are no leins on said merchandise and said purchase price shall
-be the wholesale price paid by Lessee.
7.
Lessee agrees to operate said business as is provided in the
lease agreement with the City of Corpus Christi, Texas, as all is
set out in the lease between said city and the Lessor, dated
October 25th, 1974.
8.
Lessee hereby agrees to make certain improvement to the
premises during the first year of the sub—let premises by dredging
two basins, filling in and grading the parking lot, and to repair
the piers to a satisfactory condition and all costs of improvements
to be paid for by Lessees, and to keep the premises and improve—
ments in good condition during the term of this sub—lease. •
9.• -
This sub—lease and agreement includes the following improve-
ments and equipment and fixtures:
1— Wood frame building 44X20' with asbestos siding
1— pier connecting the building with gas pump and bait vats
1—'pier along south side of -basin:
1— 8'X8' walk—in cooler-(not'in'operation)
• "•3—'4X6X3 wooden-bait'vats
2— upright freezers -15, cdbic feet `
1— chest type freezer— 20 cubic feet
_17 _combination freezer— frig'erator- 15.cubic feet
•1 --Sada water cooler -large size
5— showcases- 6' -
1—counter— 10'
1— Liars bench
1— cash register— National
1— butane gas stove, circulating
• 1— bath room with -wash basin- - - - -
1— cesspool
Numerous hand tools
1— step ladder
1— 500 gal. gasoline tank and pumpt( in bad condition) and if
replaced by Lessee during the term of this lease, it shall be
at his own expense.
1— 300 gal, butane tank -
10.
It is agreed by the parties, that if Lessee does not exercise
his option to purchase said business, then he will return the
premises to Lessor in good operating condition and shall pay for
all improvements during the term of this lease.
11.
1
All improvements made to the premises during the term of this,
lease shall become part of the premises and be owned by the lessor
. provided lessee does not exercise his option to purchase.
12:.
Lessee further covenants and agrees to pay all:water,gas and
electric current used or consumed in the premises when due and -
payable, to accept the possession of the premises intheir present
•- ° condition and to- make all improvements, repairs- or •alterations. ,_.
at lessee's own expense.
•
--It is agreed and understood' by the parties hereto that'said
premises'may not be sub—let nor this contract assigned without
' the express consent of the lessor in writing.
The lessor shall have the right to enter into and upon•the
premises or any part thereof, at all reasonable hours, for the
purpose of inspecting said premises as to the state of repairs or
condition.
15.
Should the herein described premises be taken by condemnation
or otherwise for public use, this contract of laase shall terminate
and the lessor shall have the right to keep all payments made by
lessee as rent for the use of said premises.
16.
Lessee further agrees to properly execute, fulfill and comply
with all ordinances of the City of Corpus Christi, Texas, applicable
to said premises, and all orders and requirements imposed by the
Sanitary and police Departments during the term of this lease.
17.
Lessee further agrees, and obligates himself to indemify
and forever hold harmless lessor against all claims, damages or
causes of action that may be made against lessor by reason of or
in any way arising out of the occupancy and use of said premises
by lessee during the term'of this lease.
18.
Lessee agrees that he will well and punctually pay the rents
in the manner herein specified and should lessee fail to pay any
installment of rent when due or fail to comply with any of the
other covenants herein contained, then it shall be lawful for lessor,
at his option, -to declare ihis•contract cancelled and terminated,.
and to re-enter said premises and remove all persons therefrom with
out prejudice to any"legal-remedies• which may be used for"collection
•
•
of rent,•.all claims for damages for or by reason of said re-entry..
by lessor and all re-entry claims by -lessee are hereby expressly
waived and such re—entry-by lessor shall be- without prejudice to
• his legal rights to sue for and collect the balance of the rent
- accruing under -this contract after the date of re—entry..,:- .
19.
No provision of this lease shall be waived or altered nor
shall there be any additions thereto, except by writing endorsed
thereon or attached hereto, and signed by the party to be bound"
thereby.
The covenants and agreements herein contained shall enure
to the benefit of and be binding upon the parties hereto, their
respective heirs, legal representatives, successors and assigns. --
THIS CONTRACT AND AGREEMENT EXECUTED IN DUPLICATE ORIGINALS,
this the
day of , 1980.
S. A. Kimbrell, Sub—lessor
Bill J. Chaney, Sub—Lessee
THE STATE OF TEXAS
COUNTY OF NUECES
Before me, the undersigned authority, on this day personally
appeared S. A. Kimbrell and Bill J. Chaney, known to me to be the
persons whose names are subscribed to the foregoing instrument
and acknowledged to me that they executed the same for the purposes
and consideration therein expressed. -
Given under my hand and seal of office this day of
, 1980.
Notary Public, Nueces County, Texas
TRACT NO_ 2
•'A'•tract or parcel of land 'and/or water•being nn the southeast side of
the Intracoastal Canal crossing on Padre Island. Causeway, and being
more particizlarly_described as follows:
• BEGINING -at- a point •in
t which is
I the. center_li re: of the Padre Island'-
Ceusevay Right -of -Way and the'- center ,af' Trestle "B", ;being:also.=the ". _
center line of .said Intracoastal Cana1;-
ui1cE s. 64° 03'.E- along the center line of the Padre Island Causeway
a distance of -200 feet to a point;. : •• - .
1'ie NCE- 5-' 25° 57-',W. a distance- of 150 feet to a -point which =is the most •
northerly_ corner of Tract No. 2i_ • - : _ . .
THENCE S. 64° 03'.E-. a distanee•of 300 feet to the most:easter1J corner-;_
of this tract; • -
. THENCE S. 25° 57' W. a distance of 375 feet to the most southerly corner
of this tract;
THENCE N. 6.° 03' W. a distance of 300 feet to the most westerly comer
of this tract;
TIERCE N. 25° 57' E. a distance of 375 feet to -the place of beginning;
CONTAINING 2.583 acres of land and/or water, more or less.
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•
Corpus Christi,—exas
�S day of
, 19 pb
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 S CHRISTI, TEXAS
The Charter rule was suspended by the foll
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
111.1.41.4
The above ordinance was passed
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
vote:
by the following vote:
15322