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HomeMy WebLinkAbout16534 ORD - 09/16/1981sp;8/31/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 19 YEAR LEASE AGREEMENT WITH BOBBIE D. GRAVES DBA J.F.K. MARINA FOR CONSTRUCTION AND OPERATION OF A BAIT STAND ON TRACT 3 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 19 year lease with Bobbie D. Graves dba J.F.K. Marina, for con- struction and operation of a bait stand and related services to further public recreation on Tract 3 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". SEP 2 71984 MICROFILMED 16534 THE STATE OF TEXAS X COUNTY OF NIECES j( 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 Bobbie D. Graves dba J.F.K. 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 recreation in the Coastal Public Lands described as follows; TRACT NO. 3 BEGINNING at a point 200' Northwest of center line of Intracoastal Waterway and lying on the center line of the Padre Island Causeway Right -of -Way. This point being the most Easterly corner of this tract; THENCE S. 25° 571 W. a distance of 5251 to a point. This point being the most Southerly corner of said tract; THENCE N. 64° 03' W, a distance of 4151 to a point, This point being the most Westerly corner of said tract; THENCE N. 25° 571 E. a distance of 5251 to a point. This point being the most Northerly -corner of said tract; THENCE S. 64° 03' E. a distance of 4151 to a point. This point being the most Easterly corner of said tract and also point of beginning. CONTAINING,5.00 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 the City Council of the City of Corpus Christi, Texas, by Ordinance No. 15826 passed on October 22, 1980. This Agreement Is also sub- ject to all provisions of Texas Department of Highwags 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 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 premises Page 1 of 4 Pages 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 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 Ninety and no/100 ($90.00) Dollars per month during calendar year 1981, and thereafter the amount of One hundred Fifty and no/I00 ($150.00) 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 Quarterly 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, a 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 lease payments on any such occasion exceed twenty. -five percent (25%) of the then current lease 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.. 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 each specific project. In further consideration of this Agreement, Operator agrees to make his best efforts to construct the following improvements before September 1, 1986; general building repairs, ten additional piers, and a turning basin for sports fishing boats. 9. 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 of storage on the premises of any "abandoned" motor vehicle or boat, Peoo 9 of A Aoece 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 merchandise or service, which shall not be in excess of those charged under similar conditions elsewhere within the City. 14. A11 improvements on the premises shall be. the security for prompt payment ff 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 pay - went 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 under- stood 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 Operator to the extent that such lender may require first lien security. Operator agrees to notify City in writing of any 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 Page 3 bf 4 Pages 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 in- surance 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. .EXECUTED in duplicate, this day of , 1981. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: '`DAY OF , 1981 ?*Nt alcotic CAI 6fforna�+ A7istant City Attorney Assistant City Manager By: R. Marvin Townsend, City Manager OPERATOR By : , ,(/ %2�.� Bobbie D., Graves Page 4 of 4 Pages That the foregoing ordinance w s read for t second 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 foregoing ordinance yds read fo third reading on this the GJ 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 foregoing ordinanc on this the '4 day o Luther Jones t i1eapd passed to its e� by the and time and passed to its , 191/ , by the �y r aro the thir0 time and passed finally 19f , by the following vote: Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the /L day of ATTEST: #F.tyret�ry APPROVED: /CA'," DAY OF J. BRUCE AYCOCK, TY ATTSRNEY By 16534 THE CITY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS, County of Nueces. 5 Before me, the undersigned, a Notary Public, this day personally came..... RTTT.T TTT1Fp ,...._„, 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 SECOND READING.,�,��w�^ of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the thday of.. _SEPTEMRER 19-81., and once each.. day thereafter for_ ono consecutive PUBLISHER'S AFFIDAVIT v.286064 CITY OF C.C. /653so one day Times. $ 33.62 BILLIE J. HENDRRanAT �ioDDo gid$ z Subscribed and sworn to before me this ... 15 th day of ..._...-_ _ S EP TEMBE _.,_,. 19. LOIS WINN r2. otary Public, Nueces County, Texas 81 PA$G O� ORDINANCE ON ' SECOND AUTHORIZIINGN THEI CITY MANAGER TO EXE- CUTE A 19 YEAR LEASE' AGREEMENT WITH BOB- BIE MARINA FOR S, dbe, J.F. K. T OITRUC- N AND OPERATION OF A BAIT STAND ON TRACT 3 OF BEING SITUATED ED AT THE INTRACOASTALI CROSSING ON THE PADRE ISLANDS CAUSE-, FULLY SE WAY, ALLAT FORTH IN: SHE T, LEASE AGREE- - COPY OF MENA WHICH IS IAT- TACHED HERETO AND MADE A PART HEREOF, I MARKED EXHIBIT "A". Was passed and approved, on second reading by thei City Council of the City 0'11 Corpus Christi, Texas on, September 9, 1901, previous -1 on as ember_2,r 11931. TM lull text of said ordinance is available to the public In the', Office of the City SecretarY•' I WITNESS my hand this 10th day of September 1981. I -s-Bill G. Read CITY Secretary 1, - -,r'ia"- Corpus Christi, 1 r PUBLISHER'S AFFIDAVIT v.319082 f� • STATE OF TEXAS, L. County of Nueces. J " //539 CITY OF C.G. Before me, the undersigned, a Notary Public, this day personally came_...._ who being first duly sworn, according to law, says that he is the .A.G.GO.TTNTof 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 # 16534 of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on thi1 st day of SEPTEMBER 19 81 and once each. day thereafter for.. nnA consecutive.._._.........Sla-Y.G..._.__..... ... ore Times $_355.06 _.._ BIILIL,. J.._ ELDIP.,FiS_ON.. Subscribed and sworn to before me this_._... 1st __day of_...._....DCT.pBER 19- 81 Notary Public,G�County, Texas LOIS WINNN NOTICE OF PASSAGE OF ORDINANCE #16534 AUTHORIZING, THE CITY MANAGER TO EXECUTE A 19 YEAR LEASE AGREE- MENT WITH BOBBIE D. GRAVES DBA J.F.K. MA- RINA FOR CONSTRUC- TION ANO OPERATION OF A BAIT STAND ON TRACT 3 OF THE COASTAL PUBLIC LANDS BEING SITUATED AT THE INTRACOASTAL CROSSING ON THE PADRE ISLAND CAUSE- WAY, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREE• MENT, A SUBSTANTIAL COPY OF WrilCH IS AT- TACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". EIE IT ORDAINED BY THE CITY COUNCIL OF THE CITU OF CORPUS CHRISTI, TEXAS: SECTION L That the City Manager be and he 0 hereby au (terized to execute a 19 year lease with Bobbie D. Grates dba J.F.K. Marina, for- construction and o r- otl0ra of a bait stand and re- lated services to further pub- lic recreation on Tract 3 of the Coastal Public Lands be- ing''situated at the In- tracoastal Crossing on the Padre Island Causeway, all as more fully set forth In the lease agreement, a sub- stantial copy of which is at- tached hereto and made a part hereof, marked Exhibit AA. -AGREEMENT TH STATE OF TEXAS CO NTY OF NUECES KNOW ALL MEN LBY THESE PRESENTS THIS AGREEMENT is made and entered Into by and,getween the City of Cor- pus _Christi, Texas here- Inafter referred to as City, and -Bobble D. Graves dba J.FIK. Marina, hereinafter referred to as Operator, and for such, WITNESSETH: 1 'That in consideration of the-Zonvenants herein con- tained on the part of Oper- ator to be kept and per- formed, City does hereby grant to Operator a nonex- clusive franchise Witte pur- pose of building and oper- eting a batt stand business and providing related ser- vices to further public recre- a hon in Inc Coastal PJblic Lands described as follows: TRACT NO. 3 BEGINNING ata point 200' Northwest of of center line of Intracoastal Waterway and lying on the center line of the Padre Island Causeway Right -0l -Way. This point be- ing the most Easterly corner of this tract. THENCE S. 25 degree 57' W. a distance of 525' to a point. This point being the most Southerly corner of said tract; THENCE N. 64 degree 03' W. e distance of 415' to a point. This point being the mast Westerly corner of said tract; THENCE N.25 degree57' E. a distance of 025' to a point. This point being the most Northerly corner of Aid trTHENCE 5. 64 degree 03' E. a distance of 415' to a point. This point being the most Easterly corner of said tract and also a point of beginning. CONTAINING 5.00 acres of land and/or water, more or less. 2, This Agreement Is sub- ject to all provisions of Coastal Pubtic Lands Lease No, CL -80-008, authorized and approved by the City Council of the City of Corpus Christi, Texas, by Ordinanc6 NO. 15826 passed on October 22, 1980. This Agreement is also subject to all pr0vtsipns of Texas Department of Highways and Public Trans- portation Multiple Use Agreement of March 2, 1979, authorized and approved by Ordinance No. 14767 passed on February 14, 1979. 3. The term of this Agree- ment shall be for a period be- ginning on September 1, 1981, and ending at 11:59 p.m. on September 1, 2000. 4. Operator may terminate this Agreement by giving no- tice to the City of its Intent to do seat least thirty (30) days In advance of the date of ter- mination. Both parties mu- tually agreeing may termi- nate this Agreement at any time. 5. City reserves the right to at any time altar the bound- aries of the premises and to designate access and utility easements within the prem- ises when necessary for pub• ll u purpose and subject he commit re- negotiation othis Agree- ment and provided that Op- erator will be compensated for any material destruction or taking of Improvements as a result of boundary alter - alien. 6. For and In consideration of this Agreement, Operator hereby covenants andagrees with and to City that it will pay City at Corpus Christi, Texas, the amount of Ninety and no/100 (0(0A0) Dollars per month during calendar year 1981, and thereafter the amount of One Hundred Fif- ty and no/100 (0150.00) Dol- lars per month. Said monthly payments shall be due on first day of each month. Op- erator agrees to submit to the City a true and accurate copy of th0 State of Texas quarterly Sales Tax Report within 30 days after such re- ports are flied with the Gov- ernmental authority. City and Operator agree that the method of calculating the amount to be paid for and in consideration of this Agree- ment 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 lease payments on any such occa- sion exceed twenty-five per- cent (25%) of the then cur- rent lease payments. Operator further agrees to pay the cost of newspaper publication of this Agree- ment as required by the City Charter. 7, Operator covenants that h will not ass( gn this Agree- ment nor subcontract the use of the whote or any part of said premises, other tha(,b7 the normal course of b 01- ness, unless it has first ob- tained the written per- mission of the City. Temporary renting 0f boat stalls or camper spaces con- stitutes the normal course of business. 8. Operator may construct or demolish buildings and structures, or extend and Im- prove existing buildings and structures, provided that Op- erator first obtains the writ- ten approval of the City for each specific protect. In fur- ther consideration of this Agreement, Operator agrees to make his best efforts to construct Inc following Im- provements before Sept 1, 1986; general building re- pairs, ten a and a turning basin for sports fishing boats. 9. Operator agrees ta pre- vent the unauthorized dis- charge of any sewage or de- bris onto the ground, or into the waters within or immedi- ately adjacent to the prem- ises, Operator further agrees to construct adequate dikes around fuel storage facilities or otherwise protect adja- cent waters from con- tamination from potential spills of fuel 10. Operator agrees to maintain regular garbage collection services, using ei- ther the services of the City Sanitation Division, or the services of a solid waste con- tractor holding a City of Cor - W5 ChristiistiSolid Waste Per- mit; and to prevent the accumulation of storage on thepre the premises of any "aban- doned" motor or vehicle or boat, Icebox, refrigerator, stave, glees, buildingitems- al, rubbish or similar Items. Operator agrees to prevent the accumulation of any junk, trash, or other debuts In the waters within or int mediately adjacent to the shoreline of thehe prathe premises. 11. Operator agrees to pro- vide services t0 the public and to be open for business according to reasonable business hours consistent with the business hours other Operators In the imme- diate area, current business demand and good practice. 12. It Is expressly under - 01004 that City shall have the right to enter the premises at reasonable hours to inspect e,}acllitiea and otherwise ermtne Operator'sant. com- pliance with the to ens. 13. Operator agrees to post N a conspicuous place at l each location where mer- chandise is sold, or frac are 10 be charged, the price or cost 09 such merchandise or service, which shall not be In excess of those chirped un- der similar conditions else- where within the City. 14. All Improvements en the premises shall be the se- curity for prompt payment of accrued lease payments hereunder, and ase condi- tion for this Agreement, Op- erator agrees that all home - 09006 exemptions be waived. In the event of nydefault In the or in failurany of the oOperator tltltitonal plots, to keep any of the covenants or agreements herein, or upon the violation by Oper- ator of any city ordInenc., other law In the carrying out of i0i0 Agreembnt, then, at the option of the City, this Agreement shall terminate, provided however, that the CI shall have given written not ce to the Operator of the default claimed and Oper- ator has not cured such default within thirty (30) days of the giving of such no- tice. It Is further understood and agreed that In such event, ell- buildings end Im- provements on the premises shall remain as attached to the land end ba and become the property of of City to se- cure payment of all unpaid, accrued lease payments, but not otherwise, unless Oper- ater, 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 se re-entry upon said premises and possess, have and antsy the same which it would have upon the ex- piration of this Agreement by lapse of time; provided however, that the above se- curity to the City shall he subordinated to the Ilan or liens of any Institutional lender upon the Improve- ments and/or personal prop- erty which are being added to the premises by Operator to the extent that such lender may require first Hen ' esti - ty. Operator agrees to notify City in writing 0f any such Iled. 15. Cray shall not be liable p sonrha, whatsoever, vo any other parson ossrma for any arry, loss or damage to any pheson or propertyuNor upon the Coastal Public Lands her for hereby described. Op05- sumerItliability icy far 0 00 acme all Iany nj rye or or account of any injury, lass or damage above described, and to Indemnify and forever hold harmless cltyaim, im. 00 - 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 - agrees s connection 110 agrees un lc liability ios insur- ance public nimuni sum of 00, in the minimum sumry a 10 ,00, personal, injury and damage, N for property compan s a company or companies acceptable to Cy, with a loss payable clause making aCitynd an eadl- taln a insucopy of and s main - r0000 pain s copy of said insurance er Cov- erage 1 said with City. 0811 Include of sold entire prinsurance shay include the estine pnymiher including tiers and any other waterfront In h event s.o 16. lv the avenue a con - ural disaster, act due to 00 uralother aact of Gdd he any other cause beyondythe control of either perry to this Agreement, Operator's lease payments hereunder shall abate and crass untilGael rest shall have substantially ntially torestoredcondition lease premis,. o a condition necessaryi;t operate the bus egip pro retied Operator y and prose cut or tion5000 timely and prose rears such restoration wit reasonable diligence, an provided further that In n eventashall period 11000 aymen abate fru f period after sac disaster aforesaid of lenge than EXECUTED EXECUay o in d 1981. t= this -- day of --, 1981. ATTEST. CO_City Secretar g CITY OF RPUS CHRISTI R. Marvin Townsend OPERATOR By: -s -Bobble D. Graves Bobble D. Graves APPROVED: 2815 DAY OF August, 1981 J Bruce Aycock, City Attorney -s -John Bell Assistant City Attorney -0-0111 Hennings Assistant City Manager Witness my hand this 17th day of September, 1981. -9-13111 G. Read _- City Secretary Carpus Christi, Tes48j� r f