HomeMy WebLinkAbout16516 ORD - 09/09/1981sp;8/24/81;lst
AN ORDINANCE
AUTHORIZING A 15 -YEAR LEASE AGREEMENT WITH MR. AND
MRS. THOMAS W. WAIT DBA RAINBOW BAIT STAND FOR CON-
STRUCTION AND OPERATION OF A BAIT STAND ON TRACT 12
OF THE COASTAL PUBLIC LANDS BEING SITUATED AT THE
INTRACOASTAL CROSSING ON THE PADRE ISLAND CAUSEWAY,
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 15 year lease with Mr. and Mrs. Thomas W. Wait dba Rainbow
Bait Stand for construction and operation of a bait stand and related ser-
vices to further public recreation on Tract 12 of the Coastal Public Lands
being situated at the Intracoastal Crossing on the Padre Island Causeway,
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".
16516
MICROFILMED
SEP 2 71484
THE STATE OF TEXAS X
X
COUNTY OF NUECES X
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 Mr. and Mrs. Thomas W. Wait
dba 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 busi-
ness 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. 64° 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 1.8.9 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 term of fifteen years begin-
ning on September 1, 1981, and ending at 11:59 p.m. on September 1, 1996, provided
that Operator constructs the following improvementsat an estimated cost of
$40,000 during the first five years of this Agreement:
a. Refurbish existing building.
b. Install fuel tanks and pumps.
c. Install lights and electrical wiring.
d. Refurbish existing seawall.
EA, -b1,'- ,i
Page 1of5
If Operator fails to construct said improvements during the first five years of
this Agreement, this Agreement shall terminate. Upon completion of its construction
of said improvements, Operator may send a written notice to City informing City
of completion; if City does not object in writing within sixty days to Operator's
assertion of completion, this Agreement automatically shall be continued for the
remainder of such fifteen year term.
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.
6. For and in consideration of this Agreement, Operator hereby covenants and
agrees with and to City that it will pay 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 newspaper 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.
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 such specific project.
Page 2 of 5
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 pre-
vent 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 merchan-
dise or service, which shall not be in excess of those charged under similar condi-
tions 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
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
Page 3 of 5
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 other-
wise, 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 ex-
piration 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 institu-
tional 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. Operator agrees to notify City of such lien.
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 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 com-
panies 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 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, Opera-
tor'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.
Page 4 of 5
Executed in duplicate this day of , 1981.
ATTEST:
City Secretary
APPROVED:
aDAY OF
1981
CITY OF CORPUS CHRISTI
By:
R. Marvin Townsend, City Manager
City At•rney
Assistant City Manager
Page 5 of 5 •
That the foregoing ordinance was read for t first time 41 passed to its
second reading on this the „IL 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 foregoing ordinance as read f
third reading on this the day o
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoi g ordinance
on this the day of
Luther Jones
Betty N. Turner
Jack K. Dumphy
•Je s contime aqi passed to its
/ , 19 1'/ , by the
the OW time and passed finally
, 19X , , by the following vote:
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the
ATTEST:
Ci ecre ary
day of
dot
G
DAY OF � 19 D
YCOCK, C,l ATTO';EY
City Att'( ney
, 19 1/
•
fr OR f
E CITY OF CORPUS CHRISTI, TEXAS
16516
PUBLISHER'S AFFIDAVIT v.276700 5(6
CITY OF C.C.
STATE OF TEXAS, 1,.;
County of Nueces. ""
. Before me, the undersigned, a Notary Public, this day personally came.
BILLIE J. HENDERSON ,-,,,-,,, who being first duly sworn, according to law, says that he is the
ACQ_QUNTIta.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 9F ORDINANCE N0. 16516 r....s•
of which the annexed is a true copy, was published in
CORPUS CHRISTI CALLER -TIMES
on the_14th day of SEPTEMBER 19 81 end once pw4
consecutive_ day
one Times.
day thereafter for
one
380.48 BILLIE-J.JENDERSON:,%��
Subscribed and sworn to before me this_._ 15th .day of......aZEIMBEI: 19 81
LOIS ,7441-kLul_.)
otaryhe, Nueces County. Texas