Loading...
HomeMy WebLinkAbout16591 ORD - 10/14/1981'p;9/29/81;1st , AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. ADOLPH WITTNER AND MR. AND MRS. BILLY WAYNE BARTON DBA WITT'S BAIT & TACKLE FOR THE CONSTRUCTION AND OPERATION OF A BAIT STAND BUSINESS ON TRACT 10 OF THE COASTAL PUBLIC LANDS, BEING SITUATED AT THE HUMBLE CHANNEL CROSSING ON THE PADRE ISLAND CAUSEWAY FOR FIVE YEARS TO FURTHER PUBLIC RECREATION AND PRO- VIDING FOR MONTHLY RENT PAYMENTS OF $120, 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 Mr. Adolph Wittner and Mr. and Mrs. Billy Wayne Barton dba Witt's Bait & Tackle for the construction and operation of a bait stand business on Tract 10 of the Coastal Public Lands, being situated at the Humble Channel Crossing on the Padre Island Causeway for five years to further public recreation and providing for monthly rent payments of $120, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part herof, marked Exhibit "A." SEP 2 71984 MICROFILMED 16591 THE STATE OF TEXAS X 1 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 Adolph Wittner, Sr., herein- after referred to as Operator, and Billie W. Barton and Doris Barton, hereinafter referred to as Subcontractor, 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. 10 BEGINNING at a point bearing S. 29° 00' W. a distance of 70' from the center line of the Padre Island Causeway Right -of -Way and bearing S. 61° 00' E. a distance of 150' from the center line of the Humble Channel. This point being the most Northerly corner of this tract; THENCE S. 61° 00' E. a distance of 512' to a point. This point being the most Easterly corner of said tract; THENCE S. 29° 00' W. a distance of 200' to a point. This point being the most Southerly corner of said tract; THENCE N. 61° 00' W. a distance of 512' to a point. This point being the most Westerly corner of said tract; THENCE N.- 29° 00' E. a distance of 200' to a point. This point being the most Northerly corner of said tract and also point of beginning. CONTAINING 2.35 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 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 Texas State Department of Highways and Public Transportation Multiple Use Agreement of March 2, 1979, passed and approved by the City Council by Ordinance No. 14767 on February 14, 1979. 3. The term of this Agreement shall be five years beginning on September 16, 1981, and ending at 11:59 on September 15, 1986. 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. ,Txh "'H" 5. City reserves the right to at any time alter the boundaries of the premises 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 Seventy -Two and no/100 ($72.00) Dollars per month during calendar year 1981, and thereafter the amount of One Hundred Twenty and no/100 ($120.00) 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 (25Z) 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. City consents to Operator's subcontract of the buildings, improvements, equipment and business situated on the premises to Subcontractor. Subcontractor agrees to be bound to the terms of this Agreement. This_consent to subcontract shall not operate to diminish or discharge Operator from liability under this Agreement. Operator agrees that it will not assign this Agreement or otherwise 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 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 project. 9. Operator agrees to obtain each year a certificate of approval of sewage disposal facilities from the City of Corpus Christi-Nueces County Department of Public Health. 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. Pa RP 9 nf ,.. n........ 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 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 pay- ment 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; 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 whichare being added to the premises by the Operator to the extent that such lender may require the first lien security. Page 3 of 4 Paces 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 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 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: 2-9 J. BRUCE AYCOCR, CITY ATTORNEY BY: Asstant City Attorney By: R. Marvin Townsend, City Manager OPERATOR , 1981 BY: L Adolphr, Sr. SUBCONTRACTOR BY: W. Billie W. Barton BY: 04.4, ez Doris Barton „L, Page 4 of 4 Pages That the foregoing ordinance was read for t ' first time Ap4 passed to its second reading on this the ..Z1 day o ,/:,� 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 for third reading on this the / day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoin ordinance w rad for the tfF� rd time on this the j day of OA/4W 191/ , by pnd time Ap0-passed to its , 1 , by the 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 ATTEST: Secretary APPOVED: 2,971 DAY OF SV,6y4„/ , J. BRUC' CO K, CITYIATTORNEY By Stant City Attorney 1G591 and passed finally the following vote: day of f!/C%!:c-GGlit.i , 19)/ . MAYO THE ITY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS, is County of Nueces. Jam' Before me, the undersigned. a Notary Public, this day personally BILLIE J. HENDERSON -"'LLI "'-• - -- , who being first duly sworn, according to law, says that be is the ACCOUNTING CLERK ^_^ ••__ of the Corpus Christi Caller and The DailyNews a Corpus ��� ��• P papers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDIANCE N0. 161 ,d-LA.Ad..!.A. of which the annexed is a true copy, was published is _ CORPUS CHRISTI CALLER - 19th OCTOBERTIMES on the---•� day of... 19_81, and once each...._..., d _. ter for_ o n e CnnRp., Hvn day PUBLISHR'S AFFIDAVIT v.326534. CITY OF C.C. on a runes. 333.71 �--- ---• BILLIE J. HENDERSON�aiQce Subscribed and sworn to before me this_._... 27th day of_... -_•,0C TQBa LOIS WTNitT 9 K Notary Public, ecesCounty, Teles Epi ezc{a!L;D 1, \ PUBLISHER'S AFFIDAVIT v.326923 CITY OF C.C. STATE OF TEXAS, }ss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally came. BILLIE J. HENDEROSN 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 OF SECONILREADM........ of which Um annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the 12th day ofOCTOBER 19 8.1. and once each. day thereafter for one consecutive__ daX ........ -- 36.2 9 0 BILLIE J. HENDERSON Subscribed and sworn to before me this___1.1.111._day of_ 41, EUGENIA S.. Q. -----4-otary Public, Nu 19. 81 ty, Texas NO ICE OF'PA SAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE CITY MANAGER TO EXE- CUTE AN AGREEMENT WITH MR, ADOLPH WIT•' TNER AND MR. AND MRS.' BILLY WAYNE BARTON 1 DBA W'TACK EITTFORSTHEICON- ' STRUCTION AND OPER-i ATION OF A BAIT STAND' 1 BUSINESS ON TRACT 10 OF THECOASTAL PUBLIC LANDS BEING SITUATED ATEL CTHEROS•5HI1NGMBLE CHAN- NTHE PADRE ISLAND ON CAUSE- ' WAY FORFIVE YEARS TO FURTHER PUBLIC REC- REATION AND PROVID- ING FOR MONTHLY PAY- MORE FULLYI20SET FORTH 1 IN THE AGGREEMENT, A SUBSTANTIAL COF li WHICH i5 ATTACHED HERETO AND MADE A 1 PART HEREOF, MARKED EXHIBIT"'A" WAS PASSED ON SEC• OND READING by the City Council of the City of Corpus Christi, Texas on the 7111 day of October, 1981, previously on Septemberr 30,xst 1981 The full I text of said ordinance Is available to the public In the Office of the Cg -Bill cGf eRead i City Secretary Corpus Chexad PUBLISHER'S AFFIDAVIT v.321856 CITY OF c. C. STATE OF TEXAS, }ss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally came.. $1„.1,1,13_,L MMUSQE who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller end The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of loaf& OF .,EAS.SAWP1 OZ. OR TaN N r,F, fT -HEADINZ of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the. 5th day of October 19 81 and once each.. da.,v .. thereafter for ona consecutive...�A�......._.__..._......_..... _.__.._..ose....._...Times. s_ 36.90 Subscribed and sworn to before me thie_._...bth .day of__. O cto bax.._ 19 81 Notary Public, u = County, Texas • PASSOf ')RDINANCE ON =1rt 51' READING AUTHORIZING THE I CITY MANAGER TO EXE- CUTE AN AGREEMENT WITH MR. ADOLPH WIT- ' TNER ANO MR. AND MRS.' BILLY WANE BAiTON, DBA, WITT'S BAIT & TACKLE FOR THE CON- STRUCTION AND OPER- ATION OF A BAIT STAND BUSINESS ON TRACT 10, OF THE COASTAL. PUBLIC' AT LANDS, YIUMBLE CHBEING AN THE NEL CROSSING ON THE PADRE ISLAND CAUSE- ' WAY FOR FIVE YEARS TO FURTHER PUBLIC REC- REATION AND LY RENT - ING FOR MONTHLY REN PAYMENTS OF 5120 ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, A SUBSTANTIAL COPY OF WHICH IS AT- TACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". Was passed on first reading by the City Council of the City of Corpus Christi, Texas t on September 30, 1981. The full text of said ordinance Is available to the public In the Office of the City Secretary. Witness my hand this 1st day of October, 1991. -s-8111 G. Read City Secretary Corpus Christi, • O AUTHORIZ ZING THE CITY hANAAETUEGREMEN WITH MR. ADOLPH WIT- TNER MR. AND MRS. BILLY WAYNE WITT'S BAITT08 DOA TACKLE FOR THE CON - ND OPER- AT ON OF CTIOA BAIT STAND BUNESS ON TRACT 10 OF THE COASTAL PUBLIC AT LANDS,BEING THEUMBLE SITUATED ISLAND CAUSHE- WAY FOR FIVE YEARS' TO FURTHER PUBLIC' RE RO- VIDING FOR MONTHLY REALL AS MORE FULLY SEOF T FORTH IN THE AGREE- , MENT, A SUBSTANTIAL OPY OF WHICH IS AT- TACHED HERETO AND MADE A PART HEREOF, MARED BEK T ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS • CSECTIOTEXAS:1. N That the Clty Manager be and he Is hereby authorized to execute an agreement with Mr. Adolph WIttner and Mr. and Mrs. Billy Wayne Barton dins WItt's Balt 8. Tackle for the construction and operation Tractb10lof the Cobusiness stal Pub-- lic Lands, being situated at the Humble Channel Cross - Ing on the Padre Island Causeway for five years to further public recreation and Po Providing for monthly rent fully sat forth2t181 a lease agreement, a substantial copy of which Is attached hereto and made a part here- of, marked Exhibit "A". AGREEMENT THE STATE OF TEXAS .COUNTY OF NUECES KNOW ALL MEN BY THESE PRESETS THIS AGREEMENT Is me tteerioyandbeweenhlof Into Christi, Texas, here- inafter referred to as City, anhereinafterr relph ferredr,tosas Operator, and Billie W. Bar- , ton and Doris Barton, here - Matter referred to as Sub- 068tracfor, and for such, 1. That in consideration of cconvenants herein con- - Ined on the part of Oper- a r to be kept and per - firmed, City does hereby print to Operator a non-ex- clusive franchise for the pur- pose of building and oper- ajing a batt stand business { dna providing related ser- ,_ • vices to further public recre- ation In the Coastal Public Lands described as follows: TRAC'BEGINNINGNatO. la point • distance of 70' from the sen ter line of the Padre Island . Causeway Right -of -Way and bearing S. 61 degree 00' E. a • .distance of 150' from the cen- ter tine of the Humble Chan- • , nej. This point being the - - roast Northerly corner of this tra•.,. HENCE S. 61 degree 00' a distance of 512' to a evl • THENCE N. 61 degree 00' _ W. a distance of 812' to a •point. This point being the Most Westerly corner of said tract; THENCEN 29d>'reeo0' E e distance of to a print. This point being the tnnoost Northerly corner of said tract and also point of 00T000 ONAINING 2.35 acres of land and/or water, more gr less. 2. This Agreement is sub- {qpt to all pray stens of •.C9astal Public Lands Lease N§a. CL -60-000, authorized kids approved by Ordinance No 98026 passed en October of. 1900, by the City Council • of.the City of Corpus Christi, Texas. This Agreement Is • • also asubject toex Tas State • end Publict Transporhtatlon ▪ Multiple Use Agreement of • March 2, 1979, passed and approved by the Clty Council " by Ordinance No. 14767 on February 14, 1979. 3. The term of this Agree- ment shall be for five years Inning on September 16, 1981, and ending at 11:59 p.m. on September 15, 1986. 4. Operator may terminate this Agreement by giving no- tice to the City of its Intent to dose at 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 alter the bound- aries of the premises and designate access and utility easements within the prem- ises when necessary for pub- ic purpose and the common h•good, subject to re- f • anent re- negotiation provided further r that Operator will be com• - "pensated for any material •. destruction or taking of im- . pr0vements as a result of u• 6. For an0/Inconsideratn. ion of this Agreement, Operator •'hereby convenants and agrees with and to City that Jt will pay City at Corpus Christi, Texas, the amount of Seventy -Two and no/100 1072.00) Dollars per month during calendar year 1981, , and thereafter the amount of . Cele Hundred .0oo/105 (8)20.00)TDoliars and month. Salt mown/ p�eay= merits shall be Inc on th y first day of each month. Oat erator agrees to submit the City a true and accura i copy of the State of Tex Saiea Tax Report within days after such reports . flied with the Governmen._, authority. City and Operator, agree that the method of ccppll cblating the amount to paid for and In considerat Otitis Agreement may be e+, negotiated 1parrty,aat the end of 505 calendar year 1983, Opt again at the end of each Out- ceeding two year period, but In no event will any single in- . crease In monthly payments on any such occasion exceed twenty-fIve percent (25%) of the then current monthly payments.Operator further rneewapaftpat +rp'y ihcattosnl W 000s aA eWii rj as required 7 bytha' y;t rtar. s to Oper- �tor s , .._ 3rect oftheo to ot" or discharge liability under rftwili Operator assign ment or ofherw tract the use of otherllfhanf Inith course of bushes has first obtained Permission of Ci rary renting of boa the normr elecours ness. 0. Operator may or demelish buen structures, or ezten tt 1�1a_iH M , •t'e.,-0fF(.x`L 'dr . Perak fNo'm .'efah �.. s;. this Agree. ator s no cured suc that has not cured sue thls Agree- days M thelgiving of such Ise subcon- tice. It is further unders5.- the whole or and agreed premises, event, aq buedIngs ariin l 700 e normal provem800s on the premise s, enless It shall remain as attachatl t the written the iandarn be a Citxtmm, Citt Tempo- the props of the City to se cansallsor cure payment of all unpaid accrued lease payments, e of bust- not otherwise, 000050 Opbebr construct fetor, wlthln 120 days fro Ins antl the date of re-entry by m: a and lm- Clty aha lalt unpaid 9n. dl accrued lease payments t 0000 antl rn default at the date of that Op- entry 10 th C prove existing bull structures, provided the writ- City shall at Oce antl t ht l orator first obtain such approval pecific Project 9. Operator agr fain each --- City for rig of re-entry 09001 55 es to Ob -premises and 9800500, hay 0cate and enjoy the same which 1 would have u of. approval of sewage Ws - 90551 facilities from the Cl of Corpus Christi -Nese County Department of Pu Ile Health. Operator agre:,! 1ent the unauthorfze:' debris discharge of any sewage Into the waters within ori medlately adjacent to t Premises. Operator furth:i' agrees to construct adequad7' dlktiearound othefuel rwise prot. - edlacanf waters from ca tf teminatfue from potent spills of fuel, 10. Operator agr collection services, 051 Mar the services of t Sanitation Division, services of a solid was tractor holdingg a City pus Christi ao110 Waste mit; and to prevent accumulation or stamp the piration of }ni Agree however that t e above cunt) t0 the City shall - subordinated 00 the Ilan o liens of any institutional lender upon the improv menta and/or personal pro 0rty which are being add:. to the premises by the Opfer ator to the extent that such. lender may require first ileal securityy. to 5.Operator,haor to be 11061 person whatsoever forany BBS }. IPPneelury, losnerdemagetoan)!7 rbagp) the Coast al Prtylc bLan the erCg hereinabove described. Land orator hereby agrees 5 0 or th ,j 00000 all Ilabiligf agrees to a wast account ofany1 000,7, lossgn of Cor+ demote above described, Past'y, andto ndemnHyamlforeven Itt hold harmless City against e a{{�y1+ each and every debit, de. bar mend or cause of action chef may be made against City by, reason of or In any Way arisx Ing out of any defect or im' perfection In any building,. pier, wharf, sidewalk, driven structuren or any other the Coastal Public Lands described. Operator agrees In this connection to carry public liability Insur- ance In the minimum sum of antl s00for0per�al injury damage, in a 'company property damage,companies accptato City, with a loss payable clause making City an addle tional insure and 00 main- tain a copy of insured, and policy en file with City. Cov- erage of said Insurance shall Include the entire premises Including piers and any other waterfront facilities. struct6. iveteviction duue to at - ural disaster, act of God or control of other e% here be and the • Agreement, O patothey' payments hereunderre shag babate shall haavve substantially restored coditionenseeceesery to o rate the 60510150; pror v dad of orefer begins sully restoration timely and pros+ cafes such restoration with reasoprovided diligence, an evevtdsd llrther that yin npdp event shall lease payments abate fora period after each- thaaster aces.aforesaid of longer than 100 dates. In duplicate -- day of 1981, Pte, tloned'ses of any"a boat, »motor vehicle s,.. rate stave, glasss,building eterr; al, rubbish or similar item three raccumul Tion of an junk, trash, or other debri watersIn the mad atelyadjacent to th shoreline of the premises, 11. Operator agrees to pr vide services to the pubic and to be open for busies according to reasonabi business hours cons0aten with the business hours ;41 its a In the aipmand end gond pracfico. �`92, '000 expressly under d that Cttysharehaveihr hi to enter the premises all Sone ble hours to Inepec, ellities and otherwise defttt,,,, rmine Operator's cam lance with the Agreement 13. Operator agrees to pas e conapfcuous place a ch location where mer - 11 andlse Is sold, or fees are e be charged the price or tt est of such merchandise or ervlce, which shall not be in :pxces of those charged un- der slmller conditions Ate- 4vhere wlthln the City. 14. All improvement the premises shall be 0100 curity for prompt pa yfne of accrued lease 907w tihereunder, s and o a citild orator agrees that alt 0 stead exemptions be wa In the event ofdefaultIh dInfail ilureeof the Oat to keep any of the Ave ants or Agreements he 87 upoh the - '`,"THENCE 5 19 degree r`'^ R. W a distance of 00' to _ pant This point being the _ --- most Southerly corner oft terms of this Agreement r" said tract; This consent tt• suhconl,act — _-- THENCE N. 61 degree 00' shall out cresta to dim ilm'_ W. a distance of 512' h a - or discharge Oaerator-from point. This point being the C 9y shall have g , nhat the s A r mast Westerly Corner of sald not ce to the Operator or en th Is Agtha}� trach gg default Claimed and Opt r jjI 5e gree ETa distance of 20pfetoe ga, defaults within thirtys not cured f30) (remises, point This point being the 1 days Of the giving of suh no; remises, most Northerly corner of }Ice. It Is further underst normals said tract and also point of and agreed that In such lavlritt nil beglnnln9 event, all buHdIngs aad im CCONTAINING 2,35 acres provements on the premises I stalls or - of land and/or water, more shall remain as attanetl to jnstitWes or less, the land end be and be 2. This Agreement is sub- the property of the CI to eco; , °f bush -1 ` Ca Coastal t toall ublicrLands Lease of accrued leaieta all o staid,, Ionstr and 1 No. CL -80.008, authorized no} otherwise, Unless t0 er. pas and.) end approved by Ordinance ator, within 120 days from )I gs and No. 22, 1980, b6 y the assedon Council October City shall pay date of a•°mry byid the Ih writ- 1 of the City of Corpus Christi, accrued lesall m CI writ- Texas. This Agreement is In default at they date of then; 1, for also sublect to Texas State entry to the City; and the to ob- Department of Highways City shall at once have all rtifket and Public Transportation right of re-entry upon sale age Cis - MultiMarchple Use Agreement of premises and possess, have ,fh approved by the City Cued nni would d Ihavea upon h eit iNuece O by Ordinance Na. 14767 m plra}ton of this Agreement �0} re February 14, 1979. ay lapse of time; nee terra 3. The term of this Agree however, that the above se-, onigez0 mentgshall be for five year curtly to the City shall be, 1un4, or t 1981,rnand September on September1 5 liens of anyto nstftuon the ptfonal in or Im• � p.m. 4. Operator terminat ments an1986, lender d/or personal rove•,(( e f this Agreement by giving ne ell), which are being dd d''magadg ea tke to the City of Its intent t to the premises by the Oper,, rot fa clasp at least thirty (30) day ator to the extent that such } Prole In advance of the date of ter lender may require first lief p}eni00 tuallyt agren. eing may teres m X15 City shall not be Ilablet ia nate this Agreement at an t° Operator, or to any other trees to time. Parson whatsoever, for en ga59aga 5. City reserves the right 1 injury, loss or damage to an)/ }he Cif y it et any time alter the bonne parson or property In oro designate meivies of the es5 and utilil remises an hereinabove described a dish 09 or taste con'' easements within the pren erator hereby agrees to as �e of Corti Ises when necessary for pu some ell liability for Or lent Per yy tic purpose and the commt account of any injury, loss orrant th1 good, subject to rr damage above described;°rage 09 negotiation of this Agre and to indemnify andforeverlaiC1e e s. thatt0 Operator willbec001 each and everyld harmless against Atwater, ps r y c aim, de•' pensated for any mater) mend or cause of actin that srnitems destruction or taking of II may be made against City by prevent rovements as a result reason of or In any way arts-, of an bo6.anFary iteration. Ing act of any defect or Im-,r debri l perfection In any building, n er I of this Agreement, Operat pier, wharf, sidewalk, driven se sh� hereby canvenants al way, Street, Or any other nlses. agrees with and to City fh structure In or upon the is t will Gay City at Corp Coastal Public Lands here.. 10prq Christi, Texas, the amount Inbefore described, Operator bust5058p SeventyTwo and n°/1 agrees in this connection 90 sone bl 872.00) Dollars per mor carry public liability insur•- urine Calendar year 191 ante In the minimum sum of nslsse0 nd thereafter the amount 1300,000 for personal In)ury tours o Ona Hundred Twenty r and 550,000 for property elmme /100 (5120.00) Dollars I damage, Ina n Y business nth. Sale monthly p companies acceptable to actle. encs shall be due on City It NOTICE OF PASSAGE OF ORDINANCE NO. 16591 AUTHORIZING THE CITY MANAGER TO EXE- CUTE AN AGREEMENT; TNERTH MMR, AND MRS. WAYNE BARTON DBA BILLYWITT'S BAIT & TACKLE FOR THE CON -I STRUCTION AND OPER- Ii ATION OF A BAIT STAND OF THE COASTAL PUBLIBUSINESS oN TRACT C S, BEING SITUATED ATLANTHE HUMBLE CHAN- NEL CROSSING ON THE PADRE ISLAND CAUSE- WAY, T/O YFURTHEIR FIVE YEARS, PRO- VIRECREDING FOR MONTHLY RENT PAYMENTS OF 0120, ALL AS MORE FULLY SETFORTH IN THE AGREE- MENT, A SUBSTANTI' COPY OF WHICH I5 AT-' TACHED HERETO AND MADE A PART HEREOF, MARKEDEIT EXHIBIT ORDAINED BY TTHE CITY COUNCILE CITY FCORPUS, CHRISTI, TEXAS: SECTION 1. That the City ) Manager be and he Is hereby authorized to execute an agreement with Mr. Adolph Wittner and Mr. and Mrs. Billy Wayne Barton dba Witt's Balt & Tackle for the I- construction and operation of a bait stand business an Tract 10 of the Coastal Pub-' ' Iic Lands, being situated at 1 the Humble Channel Cross - Ing on the Padre Island Causeway for five years to further public recreation and i providing for monthly rent 1 payments of 5120, all as more fully set forth In the lease agreement, a substantial copy of which Is attached hereto and made a part here- 1 of, marked Exhibit "A". AGENT THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THIS AGREEMENT rIs , : made and entered into by tand between the City of Cor- Pus Christi, Texas, here- 1; 1 „ matter referred to as City, ,. ' and Adolph Wittner, Sr., i hereinafter referred to as1 ,4 Operator, and Billie W. Bar- - a ton and Doris Barton, here-, inafter referred to as Sub-; ' no contractor, and for such, � ' m WITNESSETH • m 1. That In consideration oft ,, the convenants herein con-� e' atora to be keptrtandOper- I formed, City does hereby grant to Operator a non -ex -1 elusive franchise for the Pur- 1 I sting a batt stand business ' vies 10 further . and providing publiccrlateecre- , anon in the Coastal Public 1 a Lands described as follows: BEGINNING O. at la bearing S. 29 degree 00' W. j - distance of 70' from the ten- Ih • ter line of the Padre Island 1 Causeway Right -of -Way and �_ bearing so:. . 61 degree 00 E. a on distance o1 150' from the ten- ter Ilnt el the Humble Chan- F - tha 1101. This point being that I P most Northerly corner of tMs 1 l a tract; THENCE S. 61 degree 00', .� chi R - E. a distance of 512' toe r;, by t point This point being the; psi Easterly corner of sa �I' a}0 w h a loss , first day of eat^ month. clause Makinp CI Payable have the crater agrees to submit }tonal Insured, and an aadb3mispoct' the City a true and accur taln a e e insurance PfiofsaidCity. nce•°Isi� d, • copy of the State of Te policy an Ile with Clty. Coy. fIF Sales Tax Report within erage of said Insurance lhallreement days atter such reports Include the entire premises filed with the Governme including piers and any otherplacoepsat authority. City and Oper waterfront fecIlitles. agree that the method of 16. In the event of a con ire mer- 00)009ng the amount tt structive eviction due to net- frac err paid for and In cansldere ural disaster, act of God or price see or of this Agreement may b any other cause beyond the party, et the cud o Agreement, per party to this 'pabe d ae that calender year 1983, operator's leen else- again at the end of each abs a antl hereunder00) shall y. again two year prim ber shall havessubsfanti p ,eats thon co- in no event will any sin, restored the lease premises a then, crease In monthly payr to a condition necessary M syreent� any such occasion e Operete the business; pro- a cnntlli twenty-five percent (21 vlded Operator begins such then current int rosfOretnlimelyand Prase- enf, 0 ayments. Operator f� cotes such restoration with II hom grees 10 pay the c reasonable diligence, and of In 114 ewspaper publicati provided further that In no Is Agreement as rel event shall lease payments unt due the City Charter, abate for a period after each Oenven 71'5 5ab nsentsttoo than aforesaid of longer harem equipmtidinent and business this roven EXECTED In duplicate 'd. ea on the premises to ATTEST: day of ' 1981• ;arrym 'contractor SubcontrlCIn, OF trint, the r=es to be bound tc� _ lM _icy,