HomeMy WebLinkAbout16440 ORD - 08/05/1981sp;8/5/81;lst
AN ORDINANCE
APPROVING ASSIGNMENT OF THE CORPUS CHRISTI BAIT STAND
LEASE FROM CHARLES M. HARRIS TO THE U.S. SMALL BUSI-
NESS ADMINISTRATION, SAID BAIT STAND BEING SITUATED ON
THE SOUTH SHORE OF NUECES BAY BETWEEN THE CAUSEWAY AND
THE PUBLIC BOAT RAMP, ALL AS MORE FULLY SET FORTH IN
THE ASSIGNMENT AGREEMENT, A SUBSTANTIAL 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. 16097, passed and
approved on March 11, 1981, authorized execution of a lease with Charles
M. Harris for construction and operation of a bait stand lease on the
south shore of Nueces Bay between the Causeway and the public boat ramp;
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, Charles M. Harris desires to assign the lease granted by
Ordinance No. 16097, 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 the lease of the bait stand situated on the south
shore of Nueces Bay between the Causeway and the public boat ramp, being
the same lease area authorized for bait stand lease by Ordinance No. 16097,
passed and approved on March 11, 1981, said bait stand lease to be assigned
by Charles M. Harris to the U. S. Small Business Administration, all as
more fully set forth in the Assignment Agreement, a substantial copy of
which is attached hereto, marked Exhibit "A", and made a part hereof.
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
preserving public property by authorizing assignment of the bait stand lease
as hereinabove set forth, and expediting construction of necessary improve-
ments, such finding of an emergency is made and declared requiring suspension
of the Charter rule as to consideration and voting upon ordinances or
40440
Sae LM111.
SEP 2 71984,
resolutions at three regular meetings so that this ordinance is passed and
shall take effect upon first reading as an emergency measure this S day
of August, 1981.
ATTEST:
4C'�t�J` , ecretary d MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: 54clAY OF AUGUST, 1981
.Bruck, City Attorney
S .‘:'E OF Texas
COUNTY OF Nueces
(Page 1 of 2 rues)
;SSI 1=N T OF FF.:J. E: SATE LEASE r•. ;........:rT
)
This assignment of lease and agreement made and entered into by and between
Charles Michael Harris, dba Sun Fishing Supplies
(lessee - hereinafter called "Borrower"); and City of Corpus Christi, Texas,
(hereinafter called "Lessor"); WITNESSETH:
WHEREAS, Borrower has heretofore leased from Lessor a certain tract of land
owned by Lessor situated and described as follows:
(See exhibit "A")
WHEREAS, Small Business Administration (hereinafter
referred to as "Bank/SBA") has agreed to lend to Borrower the sum of thirty-one
thousand four hundred dollars and no/100
($31,400.00 ) to be
used to repair/replace damaged machinery/equipment, inventory and leasehold
improvements.
WHEREAS, such loan is for the mutual benefit of Borrower and Lessor as
the funds advanced are to be used for the benefit of the business conducted
on said leased premises;
NOW, THEREFORE, for and in consideration of the mutual agreements and cov-
enants herein contained, and of disbursement of said loan or any part there-
of, IT IS MUTUALLY AGREED BY AND BETWEEN ALL PARTIES HERETO, as follows:
1. That Borrower, with the consent of Lessor, hereby ASSIGNS, TRANSFERS
and CONVEYS unto Bank/SBA, with right of reassignment, a certain lease
between Borrower and Lessor dated the 22d day of March
1981 , for a term of 20 years covering the premises above mentioned
and described, and the buildings thereon, TO HAVE AND TO HOLD the
same for and during the remainder of the term mentioned in the lease,
and all renewals and extensions of said term.
2. Lessor covenants that, in consideration of Bank/SBA making said
loan to Borrower, Lessor (a) will give written notice to Bank/SBA
of any default of Borrower under said lease; (b) will not terminate
said lease for any such default unless the Bank/SBA fails to cure
such default; and (c) sb long as Bank/SBA has not entered
into possession of the premises leased in said lease for the purpose of
operating the said business, it shall not be liable for any rent or any
other obligation of the Borrower pursuant to, or in connection with said
lease, and Borrower shall remain liable for all such rents and obligations.
LESSOR further COVENANTS AND AGREES, as follows:
(a) That, as of a date not more than thirty (30) days prior to any dis-
bursement of account of the loan, borrower is not in default under
any terms of the leased premises;
DAL VI Form 6. (4-1970) PREVIOUS AREA E:TIGNS ARE OBSOLETE. REF:• ND 510-1:.
,,rage _ or d r gess
'(b) That in the event of any default under the terms of said lease,
Lessor will not terminate the lease or take any action to enforce
any claims with respect thereto without ,;ivinr, to the holder of the
::ote at least sixty (60) days prior written notice and the richt to
cure such default eithing said period;
(c) Subordinates to all liens securing the Note, until payment in full
of the Note, every lien and every right to institute proceedings to
establish any lien or claim against any or all of the property
hypothecated as collateral for the Note.
(d) That none of the property of the Borrower situated on said leased
premises constitutes fixtures or any part of the real estate of the
Lessor as same has been placed on said premises with the agreement
and understanding that such property may be removed therefrom by
the Borrower or assigns and all property hereafter placed on the
leased premises by Borrower may be removed therefrom and shall
not be considered a part of the real estate.
(e) Certifies that he (it) has full power and authority to execute this
instrument, and has title to the leased premises or such property
rights therein as to make effective the vesting in Borrower of rights
with respect thereto in accordance with the terms of said lease and
this instrument.
IT IS MUTUALLY AGREED BY AND BETWEEN ALL THE PARTIES HERETO that this assignment and
agreement shall be executed in three (3) counterparts, each of which shall have the
same force and effect as an original, and one shall be attached to and become a part
of the lease heretofore executed by the Lessor to the Borrower; and that the terms
used to designate any of the parties herein shall be deemed to include the heirs,
representatives, successors and assigns of such parties.
TO ALL OF WHICH WE MUTUALLY AGREE this day of
ATTEST:
WITNESS:
ATTEST:
City Secret
APPROVED: DAY OF AUGUST, 1981
J. Bruc k, Atorne
ATTACH A PROPRIA EiCit ICAeOWLEDGMENTS FOR EACH PARTY HERETO
U.S. Small Business Administration
By:
Charles Michael Harris, dba
Sun Fishing Supplies
By:
(Borrower)
City of Corpus Christi
R. Marvin Townsend, City Manager
(Lessor)
APPROVED:Assistant City'Manager
DAL .'orm 64 (4-1970) PREVIOUS%-A_REA `EDT-'_^IO.NS ARE OBSOLETE'
ND 510-1A
THE STATE OF TEXAS 0
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally
appeared , known to me to be
the person and officer whose name is subscribed to the foregoing instru-
ment and acknowledged to me that the same was the act of the said U. S.
Small Business Administration, and that he executed the same as the act
of said U. S. Small Business Administration for the purposes and consider-
ation therein expressed, and in the capacity therein stated.
GIVEN under my hand and seal of office this the day of
, 1981.
Notary Public in and for
County, Texas
THE STATE OF TEXAS I
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared Charles M. Harris, known to me to be the person whose name is sub-
scribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office this day of
, 1981.
Notary Public in and for Nueces County,
Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared R. Marvin Townsend, City Manager of the City of Corpus Christi,
Texas, a municipal corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same as the act and deed of said City of Corpus
Christi for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN under my hand and seal of office this the day of
, 1981.
Notary Public in and for Nueces County,
Texas
NUECEs DAY BAIT STAND LI:AgF; AREA
Being a portion of Nnecc•:; Bay and a port.ion of. Block 415,
Brooklyn Addition, as shown by map of r:r:ozd in Volume A,
Page 32, b,e' Records, Nueces Count
par-
ticularly de:,cribcd by and o' rs as' and more
metsbouncy <:. follows
BEGINNING at a point in the centerline of State Highway
No. 181 right-of-way, said point, being Engineers Station
995 + 01.33 and being the South end of the concrete deck
of the Nueces Bay Causeway;
THENCE N. 50° 23' E. along the centerline of said right-of-
way a distance of 230.83 feet to a point which is Engineers
Station 992 + 64.5;
THENCE N. 39° 37' W. a distance of 140.08 feet to a point
for the Southeast and beginning corner of the tract of
land herein described;
THENCE N. 58° 01' 25" W.
point;
THENCE N. 31° 58' 35" E.
Nueces Bay at 70.53 feet
to a point on the bottom
THENCE S. 58° 01' 25" E.
nay, a distance of 100.0
a distance of 100.0 feet to.a
, passing the normal shoreline of
, in all a• dist ;:ce of 175.0 feet
of said Nueces Bay;
along the bottom of said Nueces
feet to a point;
THENCE S. 31° 58' 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.
• EXHIBIT "A"
r
THE STATE OF TEXAS X
X
COUNTY OF NOECES X
AGREEMENT
KNQl ALL MEN BY THESE PRESENTS:
3- �I
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 apart 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 Texas Department of Highways and
Public Transportation Multiple Use Agreement c= 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,
1081 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-
s. 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 term 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
for each calendar month and said monthly payments shall be due on the 20th day
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 payment rate in 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.
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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.
g. Exterior material requiring painting shall be painted annually, unless
Operator obtains written waiver of this requirement from City.
8. Operator agrees to provide its services to the public and to be open for
business according to reasonable business hears consistent with 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, 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,
-4-
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 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 Z 2 day of mc:Lv , 1981.
ATTEST:
APPROVED.
J. BRUCE
Wet, - YS /9"/
ATT.RNEY
YCOCK; CI
By !Til
Assistant Cit
ney
CITY OF CORPUS CHRISTI
OPERATOR
nsend, C y Manager
APPROVED: / <e
(Dept. Head)
1_ 1.1.4.O t.2AUTiieR1[ti
BY COUNCIL _._.] -ii-?!
SECRC ARY
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 + 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 a distance of 236.83 feet to a point which is Engineers
Station 992 + 64.5;
THENCE N. 390 37' W. a distance of 146.08 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. 31° 58' 35" E., passing the normal shoreline of
Nueces Bay at 70.53 feet, in all a distance of 175.0 feet
to a point on the bottom of said Nueces Bay;
THENCE S. 58° 01' 25" E., along the bottom of said Nueces
Bay, a distance of 100.0 feet to a point;
THENCE S. 31°-58' 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.
EXHIBIT "A"
Corpus Christi, Texas
day of , 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to -consideration -and voting
upon ordinances or resolutions at three regular meetings;_I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council:
Respectfully, Respectfully,
MAYO
Council Members
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16440