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Home My WebLink About16256 ORD - 05/20/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH J. CHARLES RAWALT dba THE COASTWAY CONCERNING USE OF TRACT 8 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 AND RELATED SERVICES TO FURTHER PUBLIC RECREATION, 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 J. Charles Rawalt dba The Coastway, concerning use of Tract 8 of the Coastal Public Lands, being situated on the Intra- coastal Canal crossing on Padre Island Causeway for purposes of building and operating a bait stand business and related services to further public recreation, 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". 16256 THE STATE OF TEXAS 0 G COUNTY OF NUECES 4 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 J. Charles Rawalt, d/b/a/_ The Coastway, 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. 8 BEGINNING at a point 719' Southeast of center lineof Intracoastal Canal and 115' Northeast of center line of the Padre Island Causeway Right -of -Way. This point being the most Westerly corner of this tract; THENCE N. 25° 57' E. a distance of 166' to a point. This point being the most Northerly corner of said tract; THENCE 5.'64° 03' E. a distance'of 298' to a point. This point being the most Easterly corner of said tract; THENCE S. 25° 57' W. a distance of 166' to a point. This point being the most Southerly corner of said tract; - - THENCE N. 64° 03' W. a distance of 298' to a point. This point being the most Southerly corner'of said tract and also point of beginning. CONTAINING 1.14 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 June 1, 1981, and ending September 1, 2000. 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. Boih 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 Page 1 of 4 4,1• 4/' this Agreement and provided further that Operator will be compensated for any material destruction or taking of improvements as a result of boundary altera- tion. 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 One-Hundred and Two and no/100 ($102.00) Dollars per month during calendar year 1981, and thereafter the amount of Two Hundred and Four and no/100 ($204.00) Dollars per month. Said monthly payments shall'be due on the first ,-'day of each month. Operator agrees to submit to the City a true and-accurate copy of the State of Texas Sales Tax Report within 30 days after such reports are. filed with the Governmental authority. City and Operator agree that the method of calculating the amount to be paid for and in consideration of this Agreement, •n4ay: be• renegotiated at the option of either party, at the end of the calendar year 1983, and again at the end of each succeeding two-year period, but in no event will any single increase in monthly payments on any such occasion exceed twenty five percent.(25%) of the then current monthly payments. Operator further agrees to pay the cost of newspaper publication of this Agreement as re- quired 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. Tem- porary 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.ob- I . tains 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 June 1, 1986: fill and grade parking area; remodel or replace existing building; replace piers destroyed by Hurricane Allen; and construct 200 linear feet of bulkhead with additional boat slips. 9. Operator agrees to procure City of Corpus Christi sanitary sewer service when said service becomes available to the premises, and to connect all toilet drains and other sewage lines within ninety days after 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 Page 2of4 - 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'premi.ses'. 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;r{kd:goad 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 Agree- ment, 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 weep any of the covenants -or agreements herein, or upon the violation by Operator. of • i 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 build- • ings 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. Page 3 of 4 15- City shall not be 'liable to Operator, or to any other person whatsoever, for any injury, loss or damage to any person or property in or upon the Coastal Public Lands hereinabove described. Operator hereby agrees to assume all liability for or on account of any injury, boss or damage above described, and, to indemnify and forever hold harmless City against each and every claim, demand or cause of action that may be made against City by reason of or in any way arising out of any defect or imperfection in any building, pier, wharf, sidewalk, street,•or any other structure in or upon'the Coastal Public Lands hereinbefore described. Operator agrees in this connectidn 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 in— cluding piers and any other waterfront. facilities. 16. In the event of a constructive eviction.dueto naturalldisaster, act of God or any other cause beyond the control of either party to this Agree— ment, Operator's monthly payments hereunder shall abate and cease until Operator "sball have substantially restored the 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 monthly payments abate for a period after'each disaster aforesaid'of longer than 180 days. ' ATTEST: CITY OF CORPUS CHRISTI THIS THE BY DAY OF , 1981 City Secretary R. Marvin Townsend, City Manager OPERATOR THIS THE DAY OF , 1981 APPROVED: BY . DAY OF , 1981 BY City Attorney APPROVED: (Dept. Head) J. Charles Rawalt That the foregoing ordinance second reading on this the following vote: was CO read for the first time and passed to its day of` ,t, , 19 Ail , by the Luther Jones Betty N. Turner. Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky o o 5-).\'-`111 a Lill GA That the foregoing'ordinance was read for t%- second time d passed to its third reading on this the 13 day of , 19 / by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy • Cliff Zarsky That -the foregoin ordinance wa read for the thjtime and passed finally on this the day of 19 by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the .?p day of ATTEST: APP� VED: (, DAY OF , 19O /: J. BRUCE COCK, CIT5ATTORNEY By / dor Assistant Cites `i. rney 16256 THE CITY OF CORPUS CHRISTI, TEXAS • PUBLISHER'S AFFIDAVIT STATE OF TEXAS, }ss: County of Nueces. 1/ #V235213 CITY OF C.C. I��Q Before me, the undersigned, a Notary Public, this day personally came LORRAINE CORTEZ •, who being first duly sworn, according to law, says that he is the ACCOUNTING 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 NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING ,... sof which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES on the.. 1_1 thday of......._....MAY._ .._.__. 19 _a:4 and once each. .da3r._ thereafter consecutive days one _._Times. 34.44 LORRAINE CORTEZ Xe31 $- — -- accounting clerk 7J - Subscribed and sworn to b efore me this 26th day of MAY 19...$1 LOIS WINN - ___c,`IV..._..__.... Notaryoccas ounty,Texas . _. I '.4 r a^dNOTtCE OF', ASSAGE'OF 'SRDItIANCE ON FIRSTAEADING, AUTliqvisZING THE CITY MANAGgR TO EXE- CUTE.A LEASE AGREE- MENT WI;H J CHARLES RAWALT dba COASTWAY CONCERNING USE OF TRACT 8 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE,IN- TRACOASTAL CANAL CROSSING ON PADRE IS- LAND CAUSEWAY FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS AND RELATED SERVICES TO FURTHER PUBLIC REC- REATION, ALL AS MORE' FULLY SET FORTH IN THE AGREEMENT, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND:+AADE A PART HEREOF, MARKED EXHIBIT "A" ' ',Notice is hgreby given that the City Couttcd of the City of orpus Christi has, on the 6th ay of May, 1981 approved on rst reading the atoremen- iSned ordinance The full ext of said ordinance us vailable to the public in the ince of the City Secretary WITNESS MY HAND this the 7th d6roF . . Reid . ,EtLMy4Bhcretary. PUBLISHER'S AFFIDAVIT STATE OF TEXAS, las: County of Nueees. #252877 CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came. LORRAINE CORTEZ , who being first duly sworn, according to law, says that he is the ACCOUNTING 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, --- •OF PASA—GE---GF•-•OR•D•IN-AN4E• 0N–S-EGO11)-•REAI•l•ING-;..-•:. .— CORPUS CHRISTI, CALLER=TIMES of which the annexed is a true copy, was published in• on the18t h da of MAY _ 19.8.1.., and once each `day thereafter for...._...one consecutive day _._._. one $ 36.90 - LORRAINE CORTEZ af( al e A7C-OUNTTNG 'ULT RK Subscribed and sworn to before me this 22nd day of MAY 19 81 •LOIS WINN Notary l c, N ces 'CTexas NOTICE" OF PASSAGE ..,,�.... OF ORDINANCE'Of SECOND READING AUTPOR1ZING THE CI pO MANAGER Tg EXECU AN AGREEMENT WITH -I) CHARLES REWALT an COASTWAY CONCERNIN USE OF TRACT 8, OFT _ COASTAL PUBLIC LANDS• BEING SITUATED ON THE INTRACOASTAL CANAL/ CROSSING ON PADRE IS:. LAND CAUSEWAY FOR, PURPOSES OF BUILDING,.... AND OPERATING A BALI, STAND BUSINESS ANDI. S CES TO FURTHER PUBTHER RELATED S^ LIC RECREATION, ALL MORE FULLY SET FOR INN THE LEASE AGRE M'ENT, A SUBSTANTI COPY OF WHICH IS AT,,a� TACHED HERETO AN1T MADE A PART HEREO S 4 MARKED EXHIBIT "A". I. Notice is hereby given t_ the City Council of the Citya Corpus Christi, has on f 13th day of May, 1981, a proved on second readi having prev;ousiy been a proved on lust reading the 6th day of May, 1981, they aforementioned ordinance The full tent, bf said ordg, nance is available to the pu lic in the Office of the CI ecretar 1 WITNESS MY -HAND thf the 14th day of May, 1981. -s-Bill G. Rea BM G. Rea City Secret K•rrllllfM