HomeMy WebLinkAbout16041 ORD - 02/18/1981Jnn c'ru1, ins
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH NEWELL E. FISHER, JR., DBA B -G'S MARINA, CONCERN-
ING USE OF TRACT 6 OF THE COASTAL PUBLIC LANDS, BEING
SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE
ISLAND CAUSEWAY FOR PURPOSES OF BUILDING AND OPERATING
A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE
AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A".
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 execute an agreement with Newell E. Fisher, Jr., dba B -G's Marina,
concerning use of Tract 6 of the Coastal Public Lands, being situated on
the Intracoastal Canal crossing on Padre Island Causeway for purposes of
building and operating a bait stand business, all as more fully set forth
in the agreement, a substantial copy of which is attached hereto and made
a part hereof, marked Exhibit "A".
16041
ML2OFILMED
.SEP ''r iyo4
THE STATE OF TEXAS X
COUNTY OF NUECES X
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 Newell E. Fisher, Jr.,
d/b/a B -G's Marina, 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 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. 6
BEGINNING at a point 365' Northwest of center line at Intracoastal
Waterway and 60' Northeast of center line of the Padre Island Cause-
way Right -of -Way. This point being the most Southerly corner of this
tract;
THENCE N. 64° 03' W. a distance of 250' to a point. This point being
the most Westerly corner of said tract;
THENCE N. 25° 57' E. a distance of 215' to a point. This point being
the most Northerly corner of said tract;
THENCE S. 64° 03' E. a distance of 250' to a point. This point being
the most Easterly corner of said tract;
THENCE S. 25° 57' W. a distance of 215' to a point. This point being
the most Southerly corner of said tract and also point of beginning.
CONTAINING 1.23 acres of land and/or water, more or less.
2. This Agreement is subject to all provisions of Coastal Public Lands Lease
No. CL -80-008, authorized and approved by ordinance no. 15826 passed on October 22,
1980. This Agreement is also subject to all provisions. of Texas Department of
Highways and Public Transportation Multiple Use Agreement of March 2, 1979,
authorized and approved by ordinance no. 14767 passed on February 14, 1979.
3. The term of this Agreement shall be for a period beginning on March 1,
1981„ and ending February 28, 1991.
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 termina-
tion. 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 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.
6. 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 Ninety and no/100 ($90.00) Dollars per month during calendar year
1981, and thereafter the amount of One Hundred Fifty and no/100 ($150.00) 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 Quarterly 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 lease payments on any such occasion exceed
twenty-five percent (25%) of the then current lease payments. Operator further
agrees to pay the cost of newspaper publication of this Agreement as required
by the City Charter.
7. 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.
Temporary renting of boat stalls or camper spaces constitutes the normal course
of business.
8. 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 the City for each specific project. In further
consideration of this Agreement, Operator agrees to construct the following im-
provements before March 1, 1983; enlarge main building for additional display
area; replace approximately 210 linear feet of bulkhead; reconstruct approximately
310 feet of piers and fifteen finger piers; construct a covered patio; reconstruct
a covered fish cleaning table; and install ten concrete slabs for recreational
vehicle parking.
9. 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.
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 mer-
chandise 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 payment of any amount due, or in failure of the Operator to keep any of the
covenants or agreements herein, or upon the violation by Operator of any city
ordinance or other law in the carrying out of this Agreement, then, at the option
of the City, this Agreement shall terminate, provided however, that the City
shall have given written notice to the Operator of the default claimed and
Operator has not cured such default within thirty (30) days of the giving of
such notice. It is further understood and agreed that in such event, all
buildings and improvements on 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.
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
far or on account of any injury, loss or damage above described, and to indemnify
t. ;;Y -3-
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.
ATTEST: CITY OF CORPUS CHRISTI
THIS THE
BY
DAY OF
R. Marvin Townsend, City Manager
,1981
OPERATOR
APPROVED: THIS THE DAY OF , 1981
DAY OF ,1981
City Attorney
BY
Newell E. Fisher, Jr.
-4-
That the foregoing ordinance w read for fe first time and,passed to its
second reading on this the day of 19 / , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
. Leopoldo Luna
.Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read for :''e second time a d passed to its
third reading on this the // day of , 191/ , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
That the fore oing ordina. a as read for thg,third time and passed finally
on this the /X day of !�.. ,�_. , 19X1 n , by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K.'Dumphy
Leopoldo Luna,
Betty N. Turner
Cliff Zarsky {J
PASSED AND APPROVED, this the /O day of
ATTEST:
_(50(:(44 Secret
APPROVED:
DAY OF.
J. BRUCE AYCOCK, CITY TORNEY
1:
, 19g/ .
MA
16011
TH P CITY OF CORPUS CHRISTI, TEXAS
i?ktP"
STATE OF TEXAS,
County of Nueces.
}ss.
PUBLISHER'S AFFIDAVIT
-V.207016 r
CITY OF C.C.
it
Before me, the undersigned, a Notary Public, this day personally came
_ _,, $ILr.IF. d,. j3ENDERS11N.._ ..., who being first duly sworn, according to law, says that he is the
_...�CCOiINT3PIG_GI;RI� of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, \ said County and State, and that the publication of
..P.JiSLIf..SI(LTZfE_..19QTIC)a..IS..i�R.EBX_GI.VFN_.T.tI9T:�TF3>'z..QITX...CS2IIP�GIL..QF.TtIE...QITX._9k:..G4IiP.Uiz�HL�sTI,.. .
of which the annexed is a true copy, was published in THE_CQRF.il$ CHRISTI CALLER -TIMES
on the..2S2— day oLFF,BRUARI. 19 81 , and once each clay thereafter for..__Qfa....._.--.=
consecutive _Y
one,.,_.... Times.
28.70
BILLIE J. HENDERSON A itD_akind-falagn
ACCOUNTING CLERK 19 81
Subscribed and sworn to before me this ail day of ROCK
-LOIS-NINE
Notary Public, Nueces
ounty, Texas
PUBLIC NOTICE)
Notice Is hereby given Mato -
he City Council of the Clij,'of
Corpus Chrlstl, has on tts64ft
day of February; 19Blamor.
dinance authorizing the CUyr
Manager la execyte hq
agreement with NeweU5'F.e'c'
Fisher, Jr., dba B -G'S Ma^•••
rine, concerning use of Tract
6 ot the Coastal Public, •
Lands, being situated pnt�•
Intracoastal Canal Crossingtr.:
on, Padre Island CC-pngi91y-1-r••
for purposes of buildlhg and'
operating a belt stand•busi-:-
nest, all as mote fullyy:set
r
forth In the agreen(dhT•tar'
whth term shell be (orape.
rlod beginning on March -Y•'
196I and ending February90:1•••>
1991 and which copy'dt sojd, ••.
agreement Is made a pari et: •
the ordinance which Is•erali—
able In full text at 1h4,PY'�'
Secretary's Office:—
GI VEN
ffice:-GIVEN UNDER THIS
HAND AND SEAL of the,-
City
henCity of Corpus Chrl st1ras.+ .
this the 5th day of Fe4i eeuacj�•s
19a1. •
Bill G. 1066d
City Sa?i6(any
City of.Corpus5
Christi, Texas.
tag IxnWl ,Rqb pM`15+`9h't°a
Ai 01/4
STAT4, OF TEXAS, tss:
County of Nueces. J
1
PUBLISHER'S AFFIDAVIT
- � z
V. 223041 - — -
city of_-corpud christi
city secretary
Before me, the undersigned, a Notary Public, this day personally came ..........
. LLSE.,I_..BENDERSON , who being first duly sworn, according to law, says that he is the
_...HIGOUNTING-.CLERK _ of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
-_----gUBLIQ. OTT0RE. J8..HEREBX•-f j(FAN_THAT THE CITY COUNCIL...
of which the annexed is a true copy, was published in SHE.-C.OEEUS-.LHEIST.T.. CALLER -TIMES
on the.l4th- day of fiU&RI ._.__. 19...51, and once each dad'._.._ thereafter
consecutive. day
rorie Timmes.
BILLIE J. HENDERSON
AOZ 0UNT1NG GLhxn - ----_.-------------------- _.........- -
Subscribed and sworn to before me this..._.?Sth••.._.day of FEBRUARY 19 81
li a1..
Notary c, Nueces County, Texas
E
"PUBLIC"NOTICE'
Notice is hereby given tlytJ
the Cite Council of the City of
Corpus -Christi, has on' the
11th day of February, 19•
approved on second reeding;
having previously approved
+on first reading on the
day of Februarryy, 1981, en or-
dinance authorizing the C
Manager to execute a
agreement with-N0i99 .H
Fisher, Jr., Qb9 B•G's Ma,
rine concerning Oa.
Tract
6 of the Coastal Public
Lands, being situated on the
Intracoastal Canal Crossing
on Padre Island Causew
for purposes of building and
operating a bait stand by
ness, all as more fully set.
forth In the agreement 1
which term shall be for ape-
riod beginning on March
1981 and ending February 28,
1981 and which copy of sate'
agreement is made a part of
the ordinance which Is avail,
able in full text at the Clty
Secretary's Office.
ER THIS
GIVEN UN
HAND AND SEAL of 300
009
City th 12th
of Texas
this the 12th day Of Febcu>
ary, 1981.
-s -Bill G Read(
Clty Secretary
;it wItrirtaCItY of Corpga-,
Wqr - r Chrlstl; T. e"
PUBLISHER'S -AFFIDAVIT I ER'S'AFFIDAVIT v } 223089
---m ' CITY OF C.C.
STATE OF TEXAS, tss:
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came
who being first duly sworn, according to law, says that he is the
_ACfClittlTl2iG_DEBK of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
-..AN..Dk�31INAALGE..]_fz4�.1...AhLA.Gi�Eiy,.•.-,...__�..
of which the annexed is a true copy, was published in THE..DDBt1.IIB CHRISTI CALLER -TINES -
on the.?%cd_ day of.•.._FEBRIIABY. 19 81 , and once each day thereafter for one
consecutive _BAY
x338.666
BILLIE J. HENDERSON
ACCOUNTING CLERK
Subscribed and sworn to before me this Bill. day of MARCH.
L
19 81
_i4IS.-ie[INDL. Q�f.�
Notary Public, Nu es County, Texas
, AN ORDINANCE
THE CITY
MANAGER/ ITHO' NG TOL EEXECUTE.
AN- AGREEMENT WITH
NEWELL E. FISHER, JR,DBA B -G'S MARINA, CON-
CE
OF TRAC
6 OFNING THE COUSASTAL PUfS1
LIC LANDS, BEING SIT
ATED ON THE I -
T.RACOASTAL CANA
CROSSING ON PADRE I
LAND CAUSEWAY FO
PURPOSES OF BUILDING
NNOBEATNG A LBA
ES,AL T
S
N: THE AGEEMENT,ANAL COPY 4
HERETO MADE MARE
EXHIBIT "lip.
BE- IT THE C TYO COUNCILL 0
THE CITY OF CORPU
CSECTION E1. That CIt
Manager be and he Is herelN�
authorized to execute a
Fisher, Jr., dba B -G's Ma
agreement with Newell
riga concerning use of Trams
b of the Coastal ,Publlo
1,antls, being situated on the
Intracoastal Canaf crossing:
on"Padre 1s1and Causewap
foeratingses of building ar,
nest stli as more fullyselluse'
forth in the agreement
• substantial copy of which I
attached hereto and mad
Reef hereof, marked Exhib
1 AGREEMENT
THE STATE.OF TEXAS
COUNTY OF KNOW ALLMEN
BY THESE PRESENTS
.HIS
m deand entered Info' by
aria between the City of ,C
Pe Christi, Texas, here.,
a/W'Ner IE referred tFisher; Cdr.,
Orbia B -G's Marina, h
'natter refdrred to as Oper-
afor) and for sucp!
WITNESSETH'
tl! That In consideration
tfie convenants herein._con•
taj¢ed on the part of Op.
farmed City edot es nhere.r-
grant to Operator a non -ex.
clusiVe franchise for the purr,
pose ,of building and Oper-
ating -a bait 'stand busineet
and providing related ser-
vices to further public rec
ation In the Coastal Public
Land described as folluwer
TRACT
BEGINNING at NO. 6
Northwest of center )line at
Intracoastal Waterway a
60'- Northeast of center line of
the; Padre Island Causew
be-
ing thefmost Southerlycore
ner of this tract;
THENCE N. 64 degree 03'
a distance of 250' to a point.
1triThis point being the mo
est y corner of sa d
THENCE N. 25 degree 57' E.
a,dislance of 215' to a poly✓
Thhjsrth'poinerly t beingcorner Sheat mostsair
Nor
tract,
THENCE S. 64 degree 03'
a distance of 250' to a point.
ThEasterly corner of said tractTHENCE S. 25 ,
8 distal a of -215' 50 degree0 po57'int, I
This point.
Poly orng the maid
Southerly corner of said
tract and also point of him-
ginning.
i -ginning.
CO N TA I N I N G..1.23 •acre m
repdOgir water, more 0r
2- s A9reemen Is sub.
feet lo all provisions
Coastat'Public Lands Lease
No, CL -80.008, aufhdr(z
aPd-approved.by..ordinance
IIb:.15826 passed on 'Octo'
22, 1950. This Agreement is
also subject to all provislog
of -Texas Department 6f
Highways and Public Trantr
:por,5atlon Multiple Use
Agreement of March 2, 1979r"
authorized and approved by
Ordinance no. 14767 passe
on February 14, )97.9,
!'3. The term of this Agree'
ment sha ll be fora period be-
gipning on March 1, 1981,ende a
4.'Op
Operator may terminal
this Agreement by gIving no-
dQ so at least thirty (3p) days
In advance of the dare of to
fnination, Both parties mu-
,tually agreeing may term -
nate this Agreement at any
Mee '
ht to
et anythe Ttime alteresver rbound..
pries -of the premises and t
designate access and 01111
easements within the prem
Ises when necessary for p
11c purpose and the common
good, subject. to r
negotiation of ds Agree
Ment atadprovided Furth
that Operator will be cram
pensated for any mater)
destruction or taking of Im
provements as a result
bundary alteration.
1..6 For and•In consIderah
.6.
-this Agreement, Operator
'hereby covenants and agre
pwayith and to City that it w fa CitII
us
Tones, thea amat ount ofChris Nine
and.no/100 (S90.00) Dolle'
pert month during ealenda
year1951, and thereafter t
amount of One Hundred Pit
fy and no/100 (0150,00) _
tarsper month. Said month)
paVments shall be due onit
first day of each month.,0
erator agrees to submit
*City a true and acture
Quarterly the
State
Repxor
within 30 days after such
ports -are tiled with the Gov
temente' authority. }CI
Ont Operator agree that th
method of calculating t
'amount to be paid far and -in
consideration of this Agre
men; may be renegotiated or
the option of either party,
the end of the calendar
1983, and again at the end oil
'each' succeeding two-year
'peNdd, but In no event wig
-any single Increase to lease
-payments on any Such occas
'slon exceed twenty-five per
-Cent° (25%) of the then cure
rent lease payment
agrees
'pay the cost of a newspaper
'publication of this Agree.
=ment as required by the City
Charl.0
7. Operator covenants that
Slhwlll not assign this Agr 1
ment nor subcontract the use
of'the whole or any part Ian''
said premises, other than ail
the normal course of bu
esS, unless it has first ob-
tained the written pe
mission of the cit
Temporary ranting of bop
',stalls or camper spaces con -1
statutes the normal course yY
'business.
.8. Operator may construct]
o`r demolish buildings and
'structures, dr extend and'
proved 1
0lhuctueexisting
, provided that O
erator --
first obtains the wr 1 -
ten approval of the City for*
-each specific project. In fur
Cher consideration of th
Agreement, Opeoator agrees ;
to construct the following i
3: enlarge mai March i
1e additional
mall area
fee addlfionaf dls�a eras,
replace approximately 210
Iifsetr feet of bulkhead; re-
construct approximately 310
feet of piers anditfteen fln-
ger—pierst-construct a 'coy
erect patio; reconstruct f-.
covered fish cleaning tab)
and Install ten concrete slabs
for recreational 'vehlcl
parking.
9. Operator agrees to pr
vent the unauthorized dis-
charge of any sewage or
brls onto the ground, or Into
the waters withinor e
a), adjacent 5 the prem-
ises. Operator futher ogre
to construct adequate dikes
around fuel storage 5801115
or otherwise protect mile'
cent waters from
cow,
tamination from potential
Spills of kale -
10. Operator agrees to
maintain regular garbage'
collection services, using ei-
ther the services of the Cit
Sanitation Division, or th
services of a solid waste co
tractor holding a City of Co -
pus Christi Solid Waste Pe
mit; and to prevent the
accumulation or storage o
the premises of any "aban-j
doned" motor vehicle oY
boat, Ice box, refrigerator,
stave_glass, building mat
el, rubbish or similar Items.
Operator agrees to preve
the accumulation of any
junk, trash, or other debr
in the waters within or I
mediately adjacent adjacent to,sd -
shoreline of the premises.'
-11. Operator agrees to pr
vide services to the plibl
and to be open for busln
according To reasonabl
business hour; conslst0
with the business hours o
other Operators In the.lm
dlate area, current busk..
demand and good prattle
12. -,it is expressly under
stand that City shall have t
right to enter the premises a
reasonable' hours to imp
fadnitles and otherwise de
ter,mine Operator's c0
pllance with the Agreement
13. Operator agrees 505
1018 conspicuous place at
each location where ere
chandise Is sold, or fees are
Wise charged, the price
` cost of such merchandise or
service, which shall not be
excess o/ those charged un-
der slmllar conditions el
where within the City .
14. All improvements o
the premises shall be the se -ii
curity for prompt paymeg�
of accrued lease payments
hereunder, and as a Gond
tion for this Agreement, Con,: .1 erator agrees that all ho
stead exemptions be waived.
In the event of default In t
payment of any amount du
or In failure Of the Operat;�i
to keep any of the covenanlas
or agreements herein, batt
upon the violation by Oper-
ator of any city ordlnance (1
other law In the carrying out
of this Agreement, then,
the option of the City, th s
Agreement shall terminat
provided however, that t
City shall have given writt
notice to the Operates' of the
default claimed and Opey
afar has not cured such
default within 130) 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 ant
be and become the property
of the City to secure paym
of all unpaid, accrued lease
ayments, bier not otherwli'
unless Operator, within
,- days from the date of re-
try by the City shall pay all
.pats rid-�eccdUpd_
�Y
rihan're'1lefadl
he date of reentry to
tyt and the City shoe
e have.all-right-of re-
upon said premises and
possess, have and enioy the.
same which It would have
upon the expiration of V. r
Agreement by lapse of time.
15. City shall not be 'lab'
o Operator, or to any other
person whatsoever, for a
Injury, loss or damage to an
person or property !nor upon
he Coastal Public Lands
herelnebove described. Oy
erator hereby agrees to as-
sume all liabilityfor or
account of any inury, loss 0
damage above describe
and tolndemnlfy and forever
hold harmless City age'
each and every claim, de-
mand or cause of action th
May be made against C�dy by
reason of or in any wd?'arl
Ing out of any defect or my
perfection in any build!
pier, wharf, sidewalk, drive-
way, street, or any oth_
structure In or upon the
Coastal Public Lands her,
Inabove described. Operatp-r
agree's In this connection Itp
carry' public liability Int ,
ante in the minimum sum
1300,000 for personal Inj
and 1550,000 for prope _.
damage, In a company or
companies acceptable
City, with a loss pays
clause making City an addt-
t'onal Insured, and to m
tarn a copy of said insure ea
polidy on file with City.*Cour
eratie of said insurance shall
inctdde the entire preml
including piers and any other
waterfront facilltley '�+•
•l6: In the event of a con-
structive eviction due to the,
(natural disaster, act of God
or any other cause beyon
the control of either party o
this Agreement, Operator's/1
lease payments hereunder
shall abate and cease until.-
Operator
ntU.
Operator shall have sub-
stantially restored the )eat*,
premises to a condition nec-
essary to operate the busy
nese; provided Operator be-
and
such restoration timejlsr
and prosecutes each restora-
tion with reasonable d111p
gence, and provided further
that in no event shall lease
payments abate fora peri
after each disaster aforesal
f lunger toot, 100 days.
ATTE
CITY OF
,"CORPUS CHRIS
THIS TH
DAY
1981
R. Marvin Townsend,
City Manegae-
OPERATOR
THIS THE D
APPROV59! OF ' 1981
D9s3%
•
Ity Attorney
8
•Nawell-IExFlsher,