HomeMy WebLinkAbout16097 ORD - 03/11/1981jkh:2-25-81;lst
AN ORDINANCE
AUTHORIZING A 20 -YEAR LEASE AGREEMENT WITH CHARLES M.
HARRIS FOR CONSTRUCTION AND OPERATION OF A BAIT STAND
ON THE SOUTH SHORE OF NUECES BAY BETWEEN THE CAUSEWAY
AND THE PUBLIC BOAT RAMP, ALL AS MORE FULLY SET FORTH
IN THE LEASE 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 a 20 -year lease agreement with Charles M. Harris for construction
and operation of a bait stand on the south shore of Nueces Bay between the
Causeway and the public boat ramp, all as more fully set forth in the
lease agreement, a substantial copy of which is attached hereto and made
a part hereof, marked Exhibit "A".
16097
£SEP :4 715d4
THE STATE OF TEXAS X
X
COUNTY OF NOECES I
KNQW 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, pur-
suant to a Resolution authorizing this Agreement, and Charles M. Harris
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
Harris
Charles M.
, a nonexclusive franchise for the purpose of building and
operating a bait stand business to further public recreation in the Coastal
Public Lands described 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 CL -80-010, authorized and approved by ordinance no. 15827 passed on.
October 22, 1980, and to all provisions of Tera Department of Highways and
Public Transportation Multiple Use Agreement of October -6, 1977, authorized
and approved by ordinance no. 13968 passed on October 5, 1977_
3_. The term of this Agreement shall, be for a period beginning on April 1„
19$1 and ending on
September 1, 2000
4. The City may terminate this Agreement by giving notice to the Operator
of its intent to do so at least one year in advance of the date of termination.
Operator may terminate this Agreement by giving notice to the City of its intent
to do so at least thirty (30) days in advance of the date of termination. Both
parties mutually agreeing may terminate this Agreement at any time..
5. For and in consideration of this Agreement, Operator hereby covenants
and agrees with and to city that it will pay to City of Corpus Christi, Texas
the amount of $100 per month for the first twelve months of the terns of this
Agreement; and thereafter either $200 per month or 5% of gross sales and re-
ceipts for the month, whichever is greater. Payments shall be made by Operator
on the 20th day
for each calendar month and said monthly payments shall be due
of the following month. operator agrees to submit a report to City accompanying
the monthly payments of the gross sales and receipts for the preceding month.
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 which
shall understate the gross sales and receipts for any month by as much as 10%
of the true amount thereof shall be conclusively deemed to have been knowingly
and falsely furnished by Operator, and City in order to exercise its option of
termination shall only be required to establish such falsity and shall not be
required to establish actual knowledge on the part of Operator of such falsity.
Operator agrees to submit to the City true and accurate copies of Texas sales
tax reports and Federal income tax reports 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 hereunder may be renegotiated at
the option of either party at the end of calendar year 1983, and again at the
end of each succeeding two year period; and further that if mutual agreement is
not reached on such occasions, then City may unilaterally increase the amount
required to be paid, but in no event will any single increase exceed 25% of
the paymentratein effect 'immediately preceding such occasions. The increase
may be in either the flat monthly rate or the percent of gross sales and receipts,
or both, at the discretion of City.
6_ 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 understood that temporary renting of boat stalls, moorings, or
yardage constitutes the normal course of business of Operator, and does not con-
stitute subcontract or assignment of the premises.
7. Operator shall construct and repair all improvements and install all
equipment in compliance with the City of Corpus Christi building code and all
other applicable laws and ordinances, and also with the following additional
standards for construction:
a Accessory off-street parking spaces shall be well defined with header,
curbs or other physical improvements.
-2-
b. No outside storage of materials shall be permitted except bait boxes for
live shrimp and bait_
c. Restrooms shall be located at the west end of the building with exterior
access_ A sign shall be installed flat against, or painted on, the west
wall stating "Public Restrooms" in six inch letters. All identification
signs shall be installed on restroom doors. Restrooms shall be properly
maintained and open to the public at no charge at all times. Building
drains shall be connected to the City of Corpus Christi sanitary sewer
system within 90 days if and when such sewer service becomes available to
the site; in the interim, an approved sewage disposal system shall be used.
d. One advertising sign may be installed flat against, or painted on the south
wall of the building. One sign listing hours of operation and emergency
information shall be posted at the main entrance. One sign providing
information to boaters may be installed on the pier; such sign shall
not exceed sixteen square feet in area and shall be installed flat against
the pier or railing. No signs other than the foregoing shall be permitted
outside of the building. Permitted signs shall not have any moving or
electrical parts.
e. Exterior lighting shall be restricted so that no lights shall be cast in
an upward direction and no lights shall be cast on any land or water more
than 100 feet from the lease area.
f. No sewage, debris, junk, trash, or litter shall be deposited or allowed to
accumulate on the land or in the waters within or immediately adjacent to
the premises.
Exterior material requiring painting shall be painted annually, unless
Operator obtains written waiver of this requirement from City.
Operator agrees to provide its services to the public and to be open for
business according to reasonable business re`rs consistent wi,th the business
hours of other operators in the immediate area, current business demand and
good practice. Operator further agrees to operate seven days per week, 24 hours
per day if necessary to reasonably satisfy consumer demand,
9. 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.
-3-
10. 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 of Corpus Christi.
11. All improvements on the premises shall be the security for prompt payment
of accrued 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 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 payments due, but not otherwise, unless Operator,
within 120 days from the date of re-entry by the City shall pay all unpaid and
accrued 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.
12. It is further agreed and understood that City shall not be liable to
Operator, or to any other person whatsoever, for any injury, loss or damage to
any person or property in or upon the Coastal Public Lands hereinabove described.
Operator hereby consents and agrees to assume all liability for or on account
of any injury, loss or damage above described, and to indemnify and forever
hold harmless City against each and every claim, demand or cause of action that
may be -made against City by reason of or in'any way arising out of any defect.
or imperfection in any building, pier, wham , 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 injur7 and 550,000 for property damage,
in a company or companies acceptable to Cites, 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.
13. 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 re-
storation 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 this the day of , 1981.
ATTEST: CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
APPROVED: OPERATOR
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
APPROVED:
NUECES BAY BAIT STAND LEASE AREA
Being a portion of Nueces Bay and a portion of Block 415,
Brooklyn Addition, as shown by map of record in Volume A,
Page 32, Map Records, Nueces County, Texas, and more par-
ticularly described by metes and bounds as follows:
BEGINNING at a point in the centerline of State Highway
No. 181 right-of-way, said point, being Engineers Station
995 -F 01.33 and being the South end of the concrete deck
of the Nueces Bay Causeway;
THENCE N. 500 23' E. along the centerline of said right-of-
-way
ightof-
way a distance of 236.83 feet to a point which is Engineers
Station 992 -t- 64.5;
THENCE N. 390 37' W. a distance of 146 O8 feet to a point
for the Southeast and beginning corner of the tract of
land herein described;
THENCE N. 58° 01' 25" W. a distance of 100.0 feet to -a
point;
THENCE N. 310 58' 35" E., passing the normal shoreline of
Nueces Bay at 70.53 feet, in all a'distarce of 175.0 feet
to a point on the bottom of said Nueces Bay;
THENCE S. 580 01' 25" E., along the bottom of said Nueces
Bay, a_distance of 100.0 feet to a point;
THENCE S. 31058' 35" W., along the bottom of said Nueces
Bay, passing the normal shoreline of said bay at 111_20 feet,_
in all a distance of 175.0 feet to the place of beginning
and containing 17,500 square feet or 0.401 acres, more or
less.
That the foregoing ordinance was read for tfirst time and passed to its
second reading on this the day of
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
That the'foregoing ordinance w read for he Seco d time apd passed to its
third reading on this the day of , 19 Jf / , 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 ordina
on this the // day of
Luther Jones
was read for th%third time and passed finally
, 1910 ,.by the following vote:
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna.:
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the day of 1f •, la/
ATTEST:
City ecretary
APPROVED:
7j�'hAY OF
, 19 f :
J. BRUCE AYCOCK, CITY TORNEY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
113097
STATE OF TEXAS,
County of Nueces.
}s8:
PUBLISHER'S AFFIDAVIT v. 220126
CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
l3ENDERSI1lFwho being first duly sworn, according to law, says
...ACliQT.AY1.1.11 0IERE ._.__--- of the Corpus Christi Caller and The Corpus
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the
PLBT,rr,..NOILCE_.DT0TTC '0 -HEREBY- GIVEN -TR/FP-THE eY.,,.
that he is the
Christi limes,
publication of
of which the annexed is a true copy, was published in TlIE_.04I21/J CHRISTI CALLER -TIMES
on the. 2acl- day of_-.__. MARCH. 19 81 and once each clay thereafter forONE
consecutive _may
27°06
BILLIE J. HENDERSON
ACCOUNTING CLERK v
Subscribed and sworn to before me this ,3 _day of ]ARCH
1,41I5 .]dIN�L..l . /
Notary Public, Nueces County, Texas
19 81
STATE OF TEXAS,
County of Nueces.
}SS:
PUBLISHER'S AFFIDAVIT V. 22684
CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
BILLIE J. HENDERSO:N
-, who being first duly sworn, according to law, says that he is the
ACCOUNTING cLAFK 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
NOTICE OF PASSAGE 01' ORDINANCE ON, SECOND READING...
of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES
on the.____.-
9th day of MARCO 19 81 , and once each
consecutive. dad'
- -Qn .- Times.
Subscribed and sworn to before me this
day
thereafter for
one
BILLIE J. HENDERSON � 16-‘2El.Z2
ACCOUNTING CLERK
12th day of MARCH
LOIS WINN
Notary lic, Nueces County, Texas
19 81