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,