HomeMy WebLinkAbout15815 ORD - 10/08/1980jkh:10-8-80;lst
AN ORDINANCE
4'
APPROVING THE ASSIGNMENT OF LEASE OF GRAHAM'S BAIT
STAND ON TRACT 3 OF THE COASTALPUBLIC LANDS, SITUATED
AT THE INTRACOASTAL CANAL CROSSING, LEASED TO R. E.
LAMBERT AS AUTHORIZED BY ORDINANCE NO. 13301, AS MORE
FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT, A SUB-
STANTIAL 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. 12673, passed and ap-
proved on July 2, 1975, authorized execution of a bait stand lease with F. J.
Graham dba Graham's Bait Stand, situated on the Intracoastal Canal crossing
on Kennedy Causeway; and
WHEREAS, the City Council by Ordinance No. 13301, passed and ap-
proved on July 28, 1976, authorized approval of the assignment of Graham's
Bait Stand by F. J. Graham to R. E. Lambert; 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, R. E. Lambert desires to assign the lease granted by
Ordinance No. 12673, and assigned by Ordinance No. 13301, and the City is
agreeable to 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 Graham's Bait Stand on Tract 3 of the Coastal
Public Lands, situated on the Intracoastal Canal crossing on Kennedy Causeway,
containing 1.55 acres of land and/or water, more or less, being the same
lease area authorized for bait stand lease by Ordinance No. 12673, passed
and approved by the City Council on July 2, 1975, and being the same lease
area approved for assignment by Ordinance No. 13301, passed and approved by
the City Council on July 28, 1976, said bait stand to be assigned by R. E.
Lambert,to Bob Graves, all as more fully set forth in the Assignment Agree-
ment, a substantial copy of which is attached hereto, marked Exhibit "A",
and made a.part hereof.
SECTION 2. The necessity to authorize approval of the aforesaid
assignment at the earliest practicable date creates a public emergency and
15815,
80fJLMED,
'op 271984
1'
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
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 it 4 day of October,
1980.
ATTEST:
Cty–Secretary' -4' MAYOR 1— /j
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
SV --K DAY OF OCTOBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
B
ASSIGNMENT AGREEMENT
THE STATE OF TEXAS d
COUNTY OF NUECES I
WHEREAS, the City Council by Ordinance No. 12673, passed and approved
on July 2, 1975, authorized execution of a bait stand lease with F. J. Graham
dba Graham's Bait Stand, situated on the Intracoastal Canal crossing on the
Kennedy Causeway; and
WHEREAS, the City Council by Ordinance No. 13301, passed and approved
on July 28, 1976, authorized approval of the assignment of Graham's Bait
Stand by F. J. Graham to R. E. Lambert; 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, R. E. Lambert desires to assign the lease granted on
Tract 3 of the Coastal Public Lands by Ordinance No. 12673, and assigned by
Ordinance No. 13301, and the City is agreeable to the said assignment:
1. This assignment of lease shall cover the following described
tract or parcel:
TRACT NO. 3
A tract or parcel of land and/or water being on the Southwest
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 centerline of the
Padre Island Causeway right-of-way and the center of Trestle
"B", being also the center line of said Intracoastal Canal;
Thence N. 64° 03' W. along the center line of the Padre
Island Causeway right-of-way a distance of 200 feet to a
point;
Thence S. 25° 57' W. a distance of 70 feet to a point which
is the most easterly corner of Tract No. 3;
Thence continuing S. 25° 57' W. a distance of 225 feet to
the most southerly corner of Tract 3;
Thence N. 64° 03' W. a distance of 300 feet to the most
westerly corner of Tract No. 3;
Thence N. 25° 57' E. a distance of 225 feet to the most
northerly corner of Tract No. 3;
Thence S. 64° 03' E. a distance of 300 feet to the most
easterly and beginning corner of Tract No. 3 for a closure
of this tract;
Containing 1.55 acres of land and/or water, more or less.
2. Assignee R. E. Lambert proposes to sell the building, improve-
ments, equipment and business situated on the aforesaid Tract No. 3 to
Bob Graves to become effective on or about , 1980.
3. Assignee Bob Graves agrees to be bound to the terms of the
lease between City and Lessee F. J. Graham, dated July 18, 1975, a copy of
which lease is attached hereto and made a part of Exhibit "A".
This assignment shall be subject to the terms of the aforesaid
lease, and shall be for the unexpired portion of said presently existing
month-to-month lease.
EXECUTED this the day of , 1980. _
R. E. Lambert
Bob Graves
APPROVED:
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary R. Marvin Townsend
City Manager
APPROVED:
DAY OF OCTOBER, 1980
J. BRUCE AYCOCK, CITY ATTORNEY
By APPROVED:
Assistant City Attorney (Department Head)
AGFEENENT
, TIIE STATE OF TEXAS X
KNO!•l ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES X
THIS AGREEMENT is made and entered into by and between the
-City of Corpus Christi, Texas, a lnuaicipal corporation, hereafter re-
ferred to as City, pursuant to a Resolution authorizing this Agreement,
and Mr. F. J. Graham, DBA Graham`s Bait Stand, hereinafter referred to
as Operator, and for such,
WITBESSETH:
1_ That in consideration of the.covenents herein. contained oa
the part of Operator to be kept and performed, City*does'hereby grant. to
Mr. F. J. Graham, ]BA'Graham`s Bait Stand, a non-exclusive franubi e.for
the purpose of building and operating a bait.stand business to further
public recreation in the Coastal Public Lands described as Tract—3
' 3
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 ewbi_cb. is attached hereto as
EXnibit "S", 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 tern of this agreement shall be for a period beginning
on the 61st day following the date of final adoption of'the Ordinance '
authorizing thi agreement and ending on October 24, 1979_ Operator.shall.
have the option to renew this agreement i•or an additional five-year period
subject to City successfully obtaining the.authorizatioa from the State of
Texas to so extend the agreement.
4_ E:ither'party hereto may terminate this agreement.by giving
notice to the'other party of intent.to do so at least one.year 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 arc
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_
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 purposes and the common good, subject
to rcnegotiation of this agreement.
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 amort of One Thousand and'Eighty •
($1,080.00"• ) Dollars per year, or
one per cent of the gross sales and receipts for the year, whichever is
greater_ Payments shall be rade by Operator for each calendar month in_
the arninat of one -twelfth of the annual'amount due, and said monthly pay-
ment shall be dus on the 20th day of the following month_ Operatoragrees
to submit a report to City, accompanying .the monthly payments for the
months of ?Larch, June, September, and December, of the•gross-sales and
receipts for the preceding quarter. If Operator.shall knowingly furnish
any incorrect statement of gross sales' and receipts, this will. constitute -
default on the part of Operator entitling City at its option to declare
this Agreement terminated. Any such report whicb.shal1 understate the
gross sales and receipts for any month by as mild!. as tea percent (I0i)
of the true amount thereof shall be conclusively deemed to have been
knowingly and falsely furnished by him, and City in.order to exercise
-its option of termination shall only be required.to establisb..such
falsity and shall not be required to establish.actual knor.rledge on. the
part of Operator of such falsity. Operator agrees that Operator's cash
register and all records relating to Operator's business shall be.subject
to the examination and audit by City at any time. Operator. further agrees
to provide copies of sales tax reports and income tax statements to City
within 30 days after such reports and statements are filed with the State
and Federal governments. A reckoning shall be made at the end of each
calendar year, and Operator agrees to pay any additional amount owed City
within 30 days of billing by City. Operator agrees that the amount to be
_paid nay be increased, at the option of City, at the end of calendar year
1977, and main at the end of each succeeding two-year period, by an
-.mount not to exceed twenty percent (20%). The increase may be applied
,to either the flat r_onth,1y•rate or to the per cent of gross sales and
receipts, or to both, at the discretion of City_
8_.. Operator Covenants that it will not assign this Agreems__c -
nor ;subcontract the use of the whole or any part of said premises unless
it Sias first obtained the written permission of City.
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 leas 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. Buildings shall be painted.at intervals not to exceed two
years unless Operator obtains a written waiver of this requirement•fzom
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-f-rot
the City of Corpus Christi. - Nueces County Health Departaent.reporting the
conditions and acceptability of sewage disposal facilities; and to provide
a copy
septic
of said writtea.statement to City_ In the event that existing
tank facilities fail to be approved,.then Operator agrees'to install
holding talks 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 sexvices..becbme available '
to the premises, and to connect all toilet -drains and other.sewage lines
within ninety days after sanitary sewer sexvice becomes available.' Operator
agrees to prevent the vmauthorized discharge Of any sewage or debris onto
the .ground, -or into the waters within or'imxediately adjacent to the-premises.-
Operator
he-premises:Operator further agrees to construct adequate dikes around fuel storage
facilities or otherwise protect adjacent waters from contamination from
-potential spills of fuel.
-4-
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 Re solution 1o. 11768 by maintaining the premises so as to be clean
_and having a pleasing appearance. Operator agrees to maintain regular
garbage collection services, 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. Lessee 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- lessee agrees.to provide.its sexvices.to the public and to
be open for Business according to the following .schedule:'
"1A' OF TAE WEEK
' TIME
'EXCEPTIONS.
- .Sunday 6:00 a.m. to 12:00%p..a..•. Closed in Had Weat e
Monday 6:00 a.m, to 2:Q p.m.
Taeday=6:00 a.m. to 2:00 p.m.
' Wednesday 6:00 a.m. to e00 p.m.
Thursday 6:00 a.m. to ],2:10Q p.m.
friday 6:00 a.m_ to0 p.m.
Saturday 6:00 a.m. t 12- 0 p.m.• '
•
Operator agrees to deviate from the foregoiig.scbedule only.after obtai=iug,
—written pexmission•from City_
•13- It is expressly understood.that City'shall•have the light to
enter the -premises at.xeaSon;ble hours to inspect facilities and. otherwise
.determine Operator's compliance ivith. the Agreement-
•14- Operator agrees to post in a conspicious place at evazy
location where merchandise is sold, or fees'are.to be Ch ed, a schedule: of
prices which are not in excess.of those charged cedar 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 payments hereunder, and as a consideration 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 the failure of Operator to keep any of the covenants or agreements
herein, or upon the violation by Operator of any city ordinance or other
7_a-✓, in the csrry-i_nz out of this Agreeirent, then and from thenceforth
this Agreersnt shall lin tem:inated and the full amount due hereunder sn 1l_
) ... :0
become payable immediately. 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 City unless Operator,•
within sixty days from the date of re-entry by City shall pay all payments
then in default at the date of re-entry to City; and 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 tire.
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.iccount of any injury, loss or damage above.des-
••cribed, an3 to indemnify and forever hold harmless City against each. and
- every claim, demand•or cause of *action that ray be* made against City by
reason of or in any way -arising out of any.defect•or•irperfectioa in. any
building, pier, wharf, sidewalk, driveway, street, .or any other', structure
in or upon the Coastal Public Lands hereinhefoxe.describea:. Operator agrees
in this connection to carry public liability insurance in the 1,irii,,,um.s1
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 arty other waterfront facilities'_
7.NrCUTED this the " i day of ' , 19 —47 S
ATTEST:
APPROVED:
1 Day of
157 C
City Attorney
CITY OF CORPUS CriRISTI
BY
R. }Javan Townse
City Manager
12.473
SY COUNCIL
All It O;t1ZEL) Cl2y
SECRETARY
OPERATOR
TRACT NO. 3
0
"VISED MAY 2, 1975
A tract or parcel of land and/or water being cn the Southwest side
of the Intracoastal Canal Crossing on Padre Island Causeway, and
being more particularly described as fo11o',s:
•
BEGINNING at a point which is in the onterlire of the Padre Island
Causeway Right -of -Way and the center of Trestle "S", being also the
center line of said Intracoastal Canal;
THENCE 11. 64° 03' 11. along the center line of the Padre Island
Causeway Right -of -Way a distance of 200 feet to a point;
THENCE S. 25° 57' W. a distance of 70 feet to a point which is
the most easterly corner of Tract No. 3;
THENCE continuing S. 25° 57' N. a distance of 225 feet to the
roost southerly corner of Tract No. 3;
THENCE 14. 64° 03' W. a distance of 300 feet to the most westerly
corner of Tract no. 3;
THENCE N. 25° 57 E. a distance of 225 feet to the most northerly
corner of Tract No. 3;
?HENCE S. 540 03' E. A distance of 300 feat to the most easterly
and beginning corner of Tract No. 3 for a closure of this tract;
CONTAINING 1.55 acres of land and/or water, more or Iess.
57
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co .:• I'W L(C LANDS LEASE no _}-?.ocu
TE OF TEXAS • X •
COUNTY or TR \VX S . X
c_::1 os.
= The parties to this lease are the School Land Board of the
State of Texas, LESSORS and the City of Corpus Christi W
ueces
County; Teras, LESSEE_
This lease is made under the authority of andikor the pur-
poses set forth in the_Coastal Public Lands t•;anage;a nit 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 givirig•notice
to the other party of intent to do so at least. one year in advance
of she date of termination...
For and in consideration of the covenants herein con :wined
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-
At.N.. art_ 541Se-1, the Coastal Public Lands described as Tract No.. 1
Tract No.. 2, and Tract -re- 3 on Exhibit A attached - hereto and _mads a.
part of this Lease Agreement_
The Coastal Public landt contemplated by this lease are expres..
subject to base by the School Land Board -for the exploration for al
development of -oil, gas, minerals, and/or other_ ener
• 9Y sources at a.
time during the term hereof-
-For and in consideration of this lease, LESSEE hereby covariant:
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 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 p -3 :r cent (33-1/3t) of the gross revenues' derived by LESSEE fro
and paid to it by virtue ofcontractsor franchise agreements entar,-
into by LESSEE to promote public recreation upon the herein. ufo:_•e
described Coastal Public Lands_
•.,
It is SurOleriinderstood andagreed that twenty-five per Ccrlf:
(25!:.) of the.said-qross revenues shall be placed in an interes-
1-,-
- -. 4.- J ..:, • ii.- .:,:
drawing special account by LESSEE, consistent with the laws of the
. • State, for the purpose of future appropriation by LESSEE for
, -
planning, engineering and constructinglDuh/ic recreational
facilities upon the hereinbefore described Coastal PublicLands;
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 descriction
of anypublie recreational facilities funded out of said special
account, shall .be submitted to LESSOR for LESSOR'S approval before
constructiOn3)eigins_ .Xt is further understood and agreed that all
books, records and ledgers kept by LESSEE relating to revenues
. .
-derived by virtue of contracts'orfranchise agreements entered
-_- into by LESSEE to promote public recreation upon -the hereinbefore
..-
- described Coastal Public Lands, shall be made available to LESSOR
. .
upon request_ "
• .
1t 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 Iands-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 nada against LESSOR by reason -of or in -any weir
arisihg out of any defect or imperfection in anybuilding, pier,
- wharf, sidewalk, driveT..;ay, street, or -any other structure in or
upon the Coastal Public lands leased hereby_
EXECUTED in duplicate
: ,
ZTTEST=
originals this the - 5-z:r. day of
SCiTOOL LAND BOARD OR THE
STATE OF TEXAS
- dprf
• . - ...,,.,_ -- . --- 7),:__; ..) 1
Sccretaryof the Scnool Land Boavd Boo Armstrong, Cha:Lrman
"ii r 1..1).
•
.hPPRO VED
Jit:ues t_ •Riggs . —
ity .Attorney • i �b1iCa_^rT ?. / r7f!•
CORpUS C%li?L
Ey J//•
Na vn Townsend
City Manager.
THIE STATE OF TEE As
COUNTY OF TRAVIS
x
BEFORE �iF.,
the undersigned
appeared BOB ARMSTRONG, Chairman o School.ttheton this day Personally
Stage of •reas, known to me to be zo officer
_
xiarne is subscrib.d the person and ofr'icer�•�hoss��
mtoa a that sc ibed_to the foregoing instru=ment, and acknowledged.
Land Board of= the State of Texase aforhthect and geed of said era.tc
- therein expressed and in the capacityre_n sts and consiclerati<
therein stated-
-
GIVEN UIViR MY.HAND SE
o: NDD ANDAL OF OFFICE, this the 7 '
o.
• 4 _,:�,:,,day
h' =
:TRAVIS Pe31ic in and for
e".;.:•• : .F COUNTY, mats
.STATE Or TEXAS X ;2; ��.�`
COUNTY OF RUEC ES x
BEFOREITE, the undersigned -
npplatia P TOWNSEND, Citauthority;
Manager eon-this day personally
Christi, Teias, a nanicipal corporatioof the CityY
oz. pus
person and officer whose name subscribed
to to me o oir
ins:-runent is subscribed ��
in, and acknowledged tom e the foregoing
act and deeda the; he executed the
as the of said City of Corpus Ch `e
1•' P o and consideration there" Christi for the
therein staff=ed_ 11 expressed eSSed and in the capacity
ty
CIVEtI UNDER i -1Y };.AND AND SEAL OF OFFICE, this the
of LC'< r; -I.
• 1974_
� :Gid day
Notary Public in and for
NUECES COUNTY, TEAS
•
Corpus Christi, Texas'
5(41 -clay of �,{1,1l.01c.(IiiU , 19 S/O
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 CORPUS CHRISTIPTEXAS
The Charter rule was suspended by the following vote:
Luther'Jones
Edward L. Sample
Dr. Jack Best (2//11 1.14_.
i
David Diaz %