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Home My WebLink About16268 ORD - 05/27/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RICHARD OSHMAN, DBA RAINBOW BAITSTAND, CONCERNING THE USE OF TRACT 12 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 OTHER RELATED RECREATIONAL PURPOSES, 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 Richard Oshman dba Rainbow Bait Stand, concerning use of Tract 12 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 providing related services to further public recreation in the Coastal Public Lands, 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. t - /6 3 / O ,_ o-�.. g /a-�/ 16268 MICROFILMED. '•ZEP 271 1811 THE STATE OF TEXAS G 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 Richard Oshman d/b/a Rainbow 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 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. 12 _BEGINNING at a point 525' Southwest of center line of the Padre Island Causeway Right -of -Way and 200' Southeast of center line of Intracoastal Waterway. This point being the most Northerly corner of this tract; THENCE S. 6h° 03' E. a distance of 300' to a point. This point being the most Easterly corner of said tract; THENCE S. 25° 57' W. a distance of 275' to a point. This point being the most Southerly corner of said tract; THENCE N. 64° 03' W. a distance of 300' to a point. This point being the most Westerly corner of said tract; THENCE N. 25° 57' E. a distance of 275' to a point. This point being the most Northerly 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 -80-009, authorized and approved by Ordinance No. 15826 passed on October 22, 1980, by the City Council of the City of Corpus Christi, Texas. 3. The term of this Agreement shall be for a period beginning on June 1, 1981, and ending at 11:59 p.m. on 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 termination. 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 pre- mises and 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. Page 1 of 4 6. For anei 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 no/100 ($100.00) Dollars per month during calendar year 1981, and thereafter the amount of Two Hundred and no/100 ($200.00) 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 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 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 news- paper 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. 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 obtains the written approval of the City for such specific project. In further consideration of this Agreement, Operator agrees to construct the following improvements before June 1, 1983: Refurbish and enlarge existing building with 600 -square faot addi- tion; install fuel tanks and pumps; install lights and electrical wiring; at an estimated cost of $40,000.00. ' 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 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 Page 2 of 4 _at, ice box, refrigerator, stove, glass, building material, rubbish or simile. 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 merchandise 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 cher 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; provided, however, that the above security to the City shall be subordinated to the lien or liens of any institutional lender upon the improvements and/or personal property which are being added to the premises by the Operator to the extent that such lender may require first lien security. 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, loss or damage above described, and to indemnify Page 3 of 4 forever hold_harml,ess City against each and every claim, demand or cause of action that may be made against City by reason of or in iany way arising out of any defect or,imperfection in any building, pier, wharfl, sidewalk, driveway, street, f ' 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 i 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 raking 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 Secretary CITY OF CORPUS CHRISTI • THIS THE DAY OF , 1981 By R. Marvin Townsend, City Manager OPERATOR APPROVED: THIS THE DAY OF , 1981 DAY OF , 1981 City Attorney By Richard Oshman r1 APPROVED: /6:2' -amu (Dept. Head) Page 4 of 4 That the foregoing ordinance was read for t first time and passed to its second reading on this the ) 3 day of , 19 1?, , 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 foregoing' ordinance was read for second timepassed to its third reading on this the e day of air 4 . , 19,6/, 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 Foregoing ordinance wa read for the th'rd time and passed finally on this the 2.'i day of , 19;V/ , by the following vote: Luther -Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert -L. Hawkins, Jr. Dr. Charles'W. Kennedy Cliff Zarsky pp PASSED AND APPROVED, this the :27 day of // , 19 l/ ATTEST: APPROVED: DAY OF ,1911: J. BRUCE YCOCK, CWATTORNEY By Assistant yttorney MAYO 16268 THE CIT sF CORPUS CHRISTI, TEXAS STATE OF TEXAS, County of Nieces. }SS. PUBLISHER'S AFFIDAVIT !I #V252878 CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came --I,Q13,R I. ._CO,RTi 2 , who being first duly sworn, according to law, says that he is the gCOOUN-�yN.O...CyQgK 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,... of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES on the 18th day of MAY _.--_ 19.81_, and once each da.Y thereafter consecutive.. ds.Y Times. CRRAINE CCOUNTING ACCOUNTING CLERK Subscribed and sworn to before me this 22ns.1 day of MAY 19. $ L. LOIS WINNp‘/ ---- _Notery'13ublic, eces County, Texas I