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HomeMy WebLinkAbout16484 ORD - 08/26/1981sp;8/10/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MICHAEL F. HELTZEL AND CARROL A. HELTZEL dba CLEM'S MARINA CONCERNING USE OF TRACT 1 OF THE COAST- AL PUBLIC LANDS, BEING SITUATED AT THE INTRACOASTAL CANAL CROSSING ON THE PADRE ISLAND CAUSEWAY, FOR PUR- POSES 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 SUBSTAN- TIAL 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 Michael F. Heltzel and Carrol A. Heltzel dba Clem's Marina concerning use of Tract 1 of the Coastal Public Lands, being situated on the Intracoastal Canal Crossing on the 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". 16484 A(4kJLMED SEP 2 71984 THE STATE OF TEXAS COUNTY OF NUECES X X THIS AGREEMENT is Corpus Christi, Texas, Heltzel and Carrol A. AGREEMENT KNOW ALL MEN BY THESE PRESENTS made and entered into by and between the City of hereinafter referred to as City, and Michael F. Heltzel, dba Clem'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 re- creation in the Coastal Public Lands described as follows: TRACT NO. 1 BEGINNING at a point 260' Southeast of center line of Intracoastal Waterway and 60' 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 210' to a point. This point being the most Northerly corner of said tract. THENCE S. 64° 03' E. a distance of 180' to a point. This point being the most Easterly corner of said tract; THENCE S. 25° 57' W. a distance of 210' to a point. being the most -Southerly corner of said tract; THENCE N. 64° 03' W. a distance of 180' to a point. This point being the most Westerly corner of said tract and also point of beginning. CONTAINING 0.87 acres of land and/or water, more or less. 2. This Agreement is subject to all provisions of Coastal Publics Lands Lease No. CL -80-008, authorized and approved by Ordinance No. 15826 passed on October 22, 1980, by the City Council of the City of Corpus Christi, Texas. 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 September 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 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 This point 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 and Eighty and no/100 ($180.00) 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 newspaper publication of this Agreement as required by the City Charter. 7. Operator covenants that it will not assign this Agreement nor sub- contract 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 object. In further consideration of this Agreement, Operator agrees to construct the following improvements before September 1, 1984; Add 20 foot deck to existing building; reconstruct service pier with boat refueling capability; reconstruct fishing pier; construct 25 pleasure boat slips; and construct additional bulk- head; 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 con- taimination from potential spills or 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 pay- ment 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. City agrees that this security to 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, and Operator agrees to give City written notice of any such lien at the time such lien becomes effective. 15. City shall not be liable to Operator, or to any other person whatso- ever, 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 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 in- clude 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. EXECUTED in duplicate originals this the _:94 day of 1981. ATTEST: City Secretary CITY OF CORPUS CHRISTI $y: R. Marvin Townsend, City Manager OPERATOR Carrot A. Eel tzel That the foregoing ordinance was read forth first time and passed to its second reading on this the 1,, ? day of� 1913( , 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 w s read for f- second time d passed to its third reading on this the /7 day of % .19g/ by the following vote: , Luther Jones /1 Betty N. Turner 1. Jack K. Dumphy 4°1,, Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoin ordinance w on this the _day of 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 ...14‘ day ATTEST: read for the tkird-time-and passed finally , 191/ , by the -following vote: 00. de Cit Secretary APPRQVED: /77L= DAY OF , 19P: J. BRUCE AYCOCK, CI Y.'TTORNE By MAY ,19401 THE "ITY OF CORPUS CHRISTI, TEXAS 16484 W a distance of 210 to a ptheoint. Southerly t corner t r et said tract, THENCE N 64 degree 03' W. a distance of 180' to q paint. This point beano the mast Westerly corner o7 said tract and also point of be- ginning. CONTAINING 087 acres of land and/or water, more or less 2. This Agreement is sub- ject• 00 all provisions of Coastal Public Lands Lease No CL -80-008, authorized and approved by Ordinance No. 15826 passed on•Odober 22, 1980, by the City Council of the City of Corpus Christi, Texas. This Agreement Is also subject to all provisions of Texas Department of Highways and Public Trans- portatlon Multiple Use Agreement of March 2, 1979, authorized and approved by ordinance nor 14767 passed on February 14, 1979. 3. The term of this Agree- ment shall be fora period be- ginning en September 1, 1981, end ening at 11:59 p.m on September 1, 2000. 4 Operator may terminate this Agreement by giving no- tice to the City of Intent to do so at least thirty (30) days In advance of the date of terml- netion Both parties mu- tually agreeing may termi- nate this Agreement at any time. 5. City reserves the right to at any time alter the bound- aries of the premises and to designate access and utility easements within the prem- ises when necessary for pub- lic purpose end the common good, subject to re- negotiation of this Agree- ment and provided further that Operator will be com- pensated for any material destruction or taking of im- provements 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 (190.00) Dollars per month during calendar year 1981, and thereafter the amount of One Hundred and Eighty and no/100 (5180.00) 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 re- ports are filed with the Gov- ernmental authority. City and Operator agree that the method of calculating the amount fo be paid for and In consideration of this Agree- ment may be renegotiated at thOoption of either party, at the end of the calendar year 1983, and again at the end of each succeeding two year pe- riod, but In no event will any single Increase In monthly payments on any such occa- sion exceed twenty-five per- cent (25%) of,the then cur- rent monthly payments. Operator further agreeo�ss,,� to pay the cost oP ieesg, er mblicaion of this Aree- ent ae required by the City Charter. 2., Operator covenants that It will not assign this Agree- ment nor subcontract the use of the whole or any part of said premises, other than in the normal course of busi- ness, unless it has first ob- tained the written per- mission of the ,CIty. Temporary renting of boat stalls or camper spaces con- stltutues the normal course • of busin9ss: , t - 8. Operator may construct other law In the carrying out of this Agreement, then, at the option of the City,, this Agreement shall tertninate, provided however, that the City shall have given written notice to the Operator of •the default claimed and Opel-_ stor has not cured such default within thirty 130) days of tha giving of such no- tice. It Is further understood and agreed that In such event, all buildings and Im- provements on the premises shall remain as attached to the land and be and become the property of the City to se- cure }tayment of all unpaid, accrued lease payments, but not otherwise, unless Oper- ator, 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 ex- piration of this Agreement by lapse artime City agrees that this security to City shall be subordinated to the Ilen or (lens of any in• stltutional lender upon the Improvements and/or per- sonal property which are be- ing added to the premises by the Operator to the 'extent that such lender and Oper- ator agrees to give City writ- ten notice of any such lien at the time such lien becomes effective. 15. City shall not be table to Operator, or to any other iarson whatsoever, for, any njury, loss or damage to any person or property in or upon the Coastal Public Lands hereinabove described. Op- erator hereby agrees to as- sume all liabilityfor or on account of any inury, loss or damage above described, and to Indemnify and forever hold harmless City against each and every claim, de- mand or cause of action that may be made against City by reason of or in any way aris- ing out of any defect or Im- perfection In any building, pier, wharf, sidewalk, drive- way, street, or any other structure in or upon the Coastal Public Lands here- inabove described Operator agrees in this connection to carry public liability insur- ance in the minimum sum of $300,000 for personal Injury and 150,000 for property damage, In a company or companies acceptable to City, with a loss payable clause making Cl1/l py,I- ional Insured, 005 tbmaln- tain a copy of said Insurance policy on file with City. Cov- erage of said Insurance shall include the entire premises Including piers and any other waterfront facilities. 1 16. In the event of a con- structive eviction due to nat- ural disaster, ad 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 Oper- ator shall have substantially restored the lease premises to a condition necessary to operate the business; pro- vided Operator begins such restoration timely and prose- cutes such restoration with reasonable diligence, and provided further that in no event shall lease payments abate for a period after each disaster atoresaid of longer than 180 days. PROS PASED AND AP VED byShe City Councl of the City of Corpus Christi, Texas an qu ugt 19, 1981. W0TN,E MW kANC THIS 2010 ay of August Libraries and at City Hell City Secretary. (Engineering Department). WITNESS MY HAND this /s/James K. Lontos, P.E 27th day of August, 1981 Assistant City Manager -s-8111 G. Read /s/Bill G. Read City Secretary City Secretary Corpus Christi, Texas ervice OFFER QUALITY R -ROUND PLACE YOUR AD 410. Moving & Melling 493. Roofing Repair CLEAN UP garages, houses, AAA HOME improveme t 950 buildings, etc. haul eft ionic se. Senior citizen discount. 25 Haul Horn furniture, small years experience 991.1955. home repairs. 991.1762. CLEAN UP & hauling-trg. or small. We do the tough lobs. 58. CORPUS CHRISTI MOVING CO. See page 412 -yellow pages. 655-0763. HAULING FOR anything of value or small charge. Call 88:3-6724 anytime. 471. Mowing B&B MOWING Service -lots acr eage, leveling, dl%Ing 387- , RICK'S MOWING servIa. Res. I dentlalcommerclal. Fully Insured 8884136. 479. Painting, Plastering AM HOME Improvement 550 sq. Senior citizen discount. 25 years experience 991-1916. A BETTER roof. BRAND CONST. CO. 8888157. Free estimates. - ALL KINDS & free estimates, R. D. LoPinto Reefing Com- pany. BS$ -544a ALL TYPES -Free est. Guaran- teed. Local man w/25yrs. exp. Ray Brown 654-0220. ALL TYPES of roofing, hot roofs, corm tion, wood and all types ix repairs. Free est. 1 day service on most lobs. R , 992.3730. BUI CONSTRUCTION CO. all types of new roofing & res tpairs. Complete stock of ma. terl�els22.for sale. 5733 Ayers CRAFTSMAN PAINTING, In- terior, exterior, 20 yrs aro. References 993-15A. 5 EXT/INT painting, sheetrock, B & N ROOFING. All types roofing & repairs. Prompt. Free estimates. 991.4380. repairs, reasonable ge..sesueily Free est. J Cana 851-0875 HANDY PAINTING & sand- 5 STAR alarm. Professional I5- blast)trgg. MIldew brick stone stallatldn & service. Free esfl- & woad. Fres est. 8566681. I mates 993-0611. HANK & Sons-Paintitgl Service.1 T Soi & fold Specializing all phases- Int -ex house palming. Spray roller- G000 CLEAN sandy loam, top brush. 88e-7080. soil II, caliche & 811 send. NEED A watess1 nal? 20 yrs. experience Interior/ exterior painting. 884-5252. Can Paul. 524. Tree Semite PAINTING, PAPERING, Free GARY WILKEY Tree Service estimates. Cell 241.6247. & Hauling. Trees trimmed or TOO TALL Painting & Remod- 1 Cut stem 882423. Estimates. sling. Painting Is my special- I MOSTYN'S TREE Service. ty. 20 yrs exp. Free est. withinTrees trimmed or removed, 50 ml of C.C.Cell TOO TALL IN.aee est. 884-7039. 01937-1868RS.of or aanteod iia. �'W1 13 YRS, of guaranteed painting aloft goes Into all of our free esti-' FURNITURE STEAM cleaned mates on your lob. Resider-, In your home. Call hal or commercial. NORM-', SPARKLE -CLEAN, 9914271. CANE 883-5344. MO. Patio Coves 5�9. rind Cine AAA 1 LAWN Servide, CUSTOM PATIO covers. Red- mer -Res. Dependable, Insur- wood, cedar or pine. Free es- • ad, banded, 35 yrs. exp. Ref, timetes, 937.1117. 8566797. 485, plumbing supplies AARON'S COMPLETE yard care. Dependable. Mow edge & Repair & sweep uP• 9928387. BRAND PLUMBING, repairs remodeling & new consNuc- tlon. Days, 888-8167, OWEN PLUMBING. Repairs, remodeling, sewer service. Free Estimates. 851481. FLOWER BEDS, shrubs, coirr elate dependable yard aro. Prof. Nee prunln9. Com- mercial & residential. COASTAL BEND YARD SERVICE., 992-4241, freeest. QUALITY MOWING edge and 487. Remodeling sweep yosr lawn emnomlo- ally call 913-060 or 8887751. ALL pairs, p&aE adions.remodeling, If have 9 business, advery- work. Frle eesstima Feve ully When i you dangly8Wre IInnt erryasted in insured. Call 854-7599. Rites urowin clasn6lfled can heip.Ca1P�8S-91W. C-_$ 71 * A� DAY( J r� ••'" PFIU IN AbyMGS' ' l� Viz= OF PUBLISHER'S AFFIDAVIT v.261704 SC uaty of xN As, }ss: a eves. CITY 07 C. C, Before r • BI LZIE J� HEND ONnte�e ceder eaed. a N 5141-te•-cam AGC _.. otary Public, lic ibis day perso OUNTING GLERg ..'_..--, who b as -......__ ................ being first dal sae says DAY Newspapers_.. Y swore, according NEIGE OF SS�liehed. Corpus Christi, T the Corpus Christi Calleto law, sayy that be is the The - _ AGE OF .ORDINANCE 01/""FIRST in said County and s �� Christi Times, N which the annexed is a true FIRST READING tate, and that the pub � on the.? 7thday of........._AUGUST w� published m - G4 --. w, ��..ea of _.coP---_. consecutive.-- onsecutive . . 19. _81�d o _...a$y..__ �eaF -T ME _. ---_. ace e8�--.... ��y --- ..... ."-Tsmea. --thereafter for..°n.,...� .,_,,... . 36.08 Subscribed and sworn BILZIE J. RENDERSO ratobefore me this_._? ° Eg '•-•-..'---day of__.. AUGUST s� LOIS �...... 13ot _.._ � /6 :i,(1-7 c, Nueces p STATE OP TEXAS County of Nuecea. "Gys(/ PUBLISHER'S AFFIDgVIT }ea: v.269341 city of L'. c. $ILLIE J, �� me' the undersigned, iLLI ...._.._ :HENDERSON� a Notary Public, t his `+N.1t Qj%�['�' ....__....._•- who being fust duly sworn,day Personallyto I came....._._.._._ j SNC_&L___ ___ _. ' NO city Newspapers published at Co __.._ of the Corpus Cwt! Callerriling t° Coaw, pus that he is the Daily 0_ F PASSAGE• he ORDINANCE t Cor N El'iah' Texas, in said County and State, �d ad Corpus Christi Too. me of of which the annexed .~--�" -• ON SECpND READING and that the pablicaH on the24 th d a frac Py, was pnbliahed ay of.— AIIGffST �A ' .. 4.4..........._..........,...... ,,. conaecattve ._. _ _aa - _ at+- s 7. and on C`L Eg=TIMES -••••..._ -WIZ .� thenaafter i Times, for- '.'.".., °116.-.. ..............2....... BILL IEJ, RENDS Subscribed and sworn to before me thisth RS ON , .•-.day of AUGUST 5 LOIS WIN 19.P 1 -... Notary publto,'NIIeces Couatv_ T �' `- STATE OF TEAS, County of Nueces. �s PUBLISHER'S AFFIDAVIT v.267084 CITY OF C.C. BILLIE J. Before me, the undersigned, a Notary Public, this day personally came. HENDERSON --•---.••••-.., who being first dnI-��•-'�" ACCOIINTING CLERK y sworn, according to law, says that he is the "--~-----.___.... of the Corpus Christi Caller and Deily Newspapers published at Corpus Christi, Texas.The Corpus Christi 17imes, NOTICE OF PASSAGE OF, �u .. County and State, and that the publication ---------............_............____ - ORDINACE NOe. • 16.484, , don of of which the annexed is a �'' true copy, was published in ----- OII t118.�.1� day Of.....•,_A Ti(;iT qT 19 �Q��a �••�'•�T,T FR TTR"F�___ -&L, and once each...., X ____thereafter_ _—thereaftery on----ne • Thum Subscribed BILLSE..�L _.gEND�I3SODT�_ Sabacribed cud sworn to before me this5th !es -__1 t .....day of _ _. SEPTEMBER LOIS WIND: --gotary public, Nuecea County,