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HomeMy WebLinkAbout16608 ORD - 10/21/1981sp;10/5/81;lst, 4 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH KENNETH R. PRESCOTT, DBA FISHERMAN'S FOLLY FOR THE USE OF 0.824 ACRES OF THE COASTAL PUBLIC LANDS, SITUATED AT THE HUMBLE CHANNEL CROSSING ON THE PADRE ISLAND CAUSEWAY, FOR FIVE YEARS FOR CONSTRUCTION AND OPERATION OF A BAIT STAND FOR MONTHLY RENT PAYMENTS OF $72 IN CALENDAR YEAR 1981 AND $120 THEREAFTER, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A LESSOR'S AGREEMENT WITH THE U.S. SMALL BUSINESS ADMINISTRATION REGARD- ING SAID BAIT STAND BUSINESS, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "B". 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 Kenneth R. Prescott, dba Fisherman's Folly for the use of 0.824 acres of the Coastal Public Lands, situated at the Humble Channel Crossing on the Padre Island Causeway, for five years for construc- tion and operation of a bait stand for monthly rent payments of $72 in calendar year 1981 and $120 thereafter, 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". SECTION 2. That the City Manager be and he is hereby authorized to execute a Lessor's Agreement with the U.S. Small Business Administration regarding said bait stand business, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "B". SEP 2 71984 16608 MICROFILMED THE STATE OF TEXAS J( X COUNTY OF NUECES X AGREEMENT KNOW ALL MEN BY THESE PRESENTS THIS AGREEMENT is made and entered into by and between the City of Corpus Christi, Texas, hereinafter referred to as City, and Mr. Kenneth R. Prescott dba Fisherman's Folly, 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. 7 BEGINNING at a point bearing N. 29°00' E. a distance of 170' from the center line of the Padre Island Causeway Right -of -Way and bearing S. 61 00' E. a distance of 303' 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 359' to a point. This point being the most Easterly corner of said tract; THENCE S. 29°00' W. a distance of 100' to a point. This point being the most Southerly corner of said tract; THENCE N. 61°00' W. a distance of 359' to a point. This point being the most Westerly corner of said tract; THENCE N. 29°00' E. a distance of 100' to a point. This point being the most Northerly corner of said tract and also point of beginning. CONTAINING 0.824 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 p.m. on September 15, 1986. Page 1 of 4 Pages 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 term- ination. Both parties mutually agreeing may terminate this Agreement at any time. 5. City reserves the right to at any time alter theboundaries of the pre- mises and designate access and utility easements within the premises when necessary for public purpose and the common good, subject to renegotiation of this Agreement and provided further that Operator will be compensated for any material destruction or taking of improvements as a result of boundary alteration. 6. For and in consideration of this Agreement, Operator hereby covenants and agrees with and to City that it will pay City at Corpus Christi, Texas, the amount of 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 (252) of the then current monthly payments. Operator further agrees to pay the cost of newspaper publication of this Agreement as required by_the City --Charter. 7. Operator covenants that it will not assign this Agreement nor subcontract the use of the. whole or any part of said premises, other than in the normal course of business, unless it has.first obtained the written permission of the City. Temporary renting of boat stalls or camper spaces constitutes the'normal course of business. 8. Operator may construct or demolish buildings and structures, or extend and improve existing buildings and structures, provided that Operator first obtains the written approval of the City for 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 unathorized 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. Page 2 of 4 Pages AO. Operator'agreeA to maintain regular garbage collection services, using either the services of the City Sanitation Division, or the services of a solid waste contractor holding a City of Corpus Christi Solid Waste Permit; and to pre- vent the accumulation or storage on the premises of any "abandoned" motor vehicle or boat, ice box, refrigerator, stove) glass, building material, rubbish or similar items. Operator agrees to prevent the accumulation of any junk, trash, or other debris in the waters, within or immediately adjacent to the shoreline of the premises. 11. Operator agrees to provide services to the public and to be open for business according to reasonable business hours consistent with the business hours of other Operators in the immediate area, current business demand and good practice. 12. It is expressly understood that City shall have the right to enter the premises at reasonable hours to inspect facilities and otherwise determine Operator's compliance with the Agreement. 13. Operator agrees to post in a conspicuous place at each location where merchandise is sold, or fees are to be charged, the price or cost of such merchan- dise or service, which shall not be in excess of those charged under similar condi- tions elsewhere within the City. 14. All improvements on the premises shall be the security for prompt payment - of,accrued lease payments hereunder, and as a condition for this Agreement, Operator agrees that all homestead exemptions be waived. In the event of default in the payment of any amount due, or in failure of the Operator to keep any of the covenants or agreements herein, or upon the violation by Operator of any city ordinance or other law in the carry_ing_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 ailunpaid, accrued lease payments, but not other- wise, unless Operator, within 120 days from the date of re-entry by the City shall pay all unpaid and accrued lease payments then in default at the date of re-entry to the City; and the City shall at once have all right of re-entry upon said premises and possess, have and enjoy the same which it would have upon the ex- piration of this Agreement by lapse of time; provided, however, that the above security to the City shall be subordinated to the lien or liens of any institutional lender upon the improvements and/or personal property which are being added to the premises by the Operator to the extent that such lender may require first lien security. Operator agrees to promptly notify City of any such lien. Page 3 of 4 Panes City shall not be liable to Operator, or to any other,person whatsoever, for any injury, loss or damage to any person or property in or upon•the Coastal Public Lands hereinabove described. Operator hereby agrees to assume all liability for or on account of any injury, loss or damage above described, and to indemnify and forever hold harmless City against each and every claim, demand or cause of action that may be made against City by reason of or in any way arising out of any defect or imperfection in any building, pier, wharf, sidewalk, driveway, street, or any other structure in or upon the Coastal Public Lands hereinbefore described. Operator agrees in this connection to carry public liability insurance in the minimum sum of $300,000 for personal injury and $50,000 for property damage, in a company or com— panies acceptable to City, with a loss payable clause making City an additional insured, and to maintain a copy of said insurance policy on. file with City. Coverage of said insurance shall include the entire premises including piers and any other waterfront facilities. 16. In the event of a constructive eviction due to natural disaster, act of Cod or any other cause beyond the control of either party to this Agreement, Opera— tor's lease payments herunder shall abate and cease until Operator shall have substantially restored the lease premises to a condition necessary to operate the business; provided Operator begins such restoration timely and prosecutes such, restoration with reasonable diligence, and provided further that in no event shall lease payments abate for a period after each disaster aforesaid of longer than 180 days. . Executed in duplicate this ATTEST: • day of' " , 1981. CITY or CORPUS CHRISTI City Secretary By Ernest Briontn, Acting -City Manager OPERATOR APPROVED: By: Ct.-WY PWY OF C�1 , 1981 Bill Hennings, Assistantity Manager • ennet. R. 'resco*E Page 4 of 4 Pages SBA Loan No. DLB 544188 20 07 CC • LESSOR'S AGREEMENT - • (Oral or Written Lease) This agreement made and entered into by and between Prescott, d/b/a Fisherman's Folly (Renter - hereinafter called "Borrower"); and City of Corpus Christi Kenneth R. & Winnie (hereinafter called "Lessor"; WITNESSETH: WHEREAS, Borrower is presently renting from Lessor certain premises owned by Lessor located at 11108 So. Padre Island Dr., Corpus Christi, TX 78418 (Street Address City State Zip) or situated and described as follows: (SEE ATTACHED LEGAL DESCRIPTION) WHEREAS, Small Business Administration (hereinafter referred to as "Bank/SBA") has agreed to lend to Borrower the sum of Thirteen Thousand Seven Hundred and no/100 dollars ($ 13,700.00 NOW, THEREFORE, for and in consideration of the mutual agreements and covenants herein contained, and of disbursement of said loan or any party thereof, IT IS MUTUALLY AGREED BY AND BETWEEN ALL PARTIES HERETO, as follows: (a) That, as of a date not more than thirty (30) days prior to any dis- bursement on account of the loan, Borrower is not in default under any terms of the rental of the premises; (b) That none of the property of the Borrower situated on said premises constitutes fixtures or any part of the real estate of the Landlord • as same has been placed on said premises with the agreement and under- standing that such property may be removed therefrom by the Borrower or assigns and all property hereafter placed on the leased premises by Borrower may be removed therefrom and shall not be considered a • part of the real estate. (c) Lessor subordinates to all liens securing the Note, until payment in full, every lien and every right to institute proceedings to establish any lien or claim against any or all of the property hypothecated as collateral for the indebtedness in favor of "Bank/SBA" hereinabove referred to. (d) Certifies that he (it) has full power and authority to execute this instrument and has title to the premises or such -property rights therein as to make effective the vesting in Borrower of rights with respect thereto in accordance with the terms of said rental and this instrument. IT IS MUTUALLY AGRE D BY AND BETWEEN ALL THE PARTIES HERETO that this agreement shall be executed in three (3) counterparts, each of which shall have the same force and effect as an original, and that the terms used to designate any of the parties herein shall be'deemed to include the heirs, representatives, successors and assigns of such parties. TO ALL OF WHICH WE MUTUALLY AGREE.this day of WITNESS: BY: By: ); Winnie (Borrower) Prescott CITY OF CORPUS CHRISTI 014. - City Manager: DAL VI Form 66 (9-75) Previous Editions are Obsolete REF: SOP 50 10 X (j 'i45`r That the foregoing ordinance w read for t ir.t time passed to its second reading on this the L day of 19 1 , 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 econd time/ passed to its third reading on this the /1 day of , 1 , 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 foregoin ordinance w e d for the th�}r�i time and passed finally on this the day of 19 by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the .4?/ day of pO/tst. , 19�. ATTEST: ��� it Secretary AP RpVED: rp G-- DAY OF , 19g/ J. BRUCE AYCOCK, CITY TTORNEY By MAYOR 16608 THE CITY OF CORPUS CHRISTI, TEXAS i" MO OF ORD T RDIEue ON FIRST READING AUTHORIZING THE CITY MANAGER TO EXE- 1 CUTE AN AGREEMENT WITH KENNETH R. PRE- SCOTT, DBA, FISH- ERMAN'S FOLLY FOR THE USE, OF 0.824 ACRES OF THE COASTAL PUBLIC ' LANDS+,JSITUATED AT THE Her CROSSIANGE ONA THE PADREPADRE ISLAND CAUSE- WAY, FCR FIVE YEARS FOR CONSTRUCTION AND OPERATION OP 'A BAIT STAND FOR MONTHLY RENT PAYMENTS OF 572 IN CALENDAR YEAR 1911 AND 5120 THEREAFTER, ALL AS MORE FULLY SET FORTH IN THE AGGREE- MENT, A SUBSTANTIAL 'COPY OF WHICH 15 AT- TACHED HERETO AND, MADE A PART HEREOF, MARKED EXHIBIT "A"; li FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A LESSOR'S AGREEEMENT WITH THE U.S. SMALL BUSINESS AD- MINISTRATION RE- GARDING SAID BAIT' STAND BUSINESS, A SUB- ISTANTIAL COPY OF ' WHICH IS ATTACHED • HERETO AND MADE A PART HEREOF, MARKED EXHIBIT ( WAS PASSEp, ON FIRST I READING by the Clty Coun- cil of the Clty of Corpus Christi, Texas ort the 7th day o1 October, 1981. The full text of saki ordinance is available . to the'subllc in the Office of the City Secretary. -s-Bill G. Read City Secretary Corpus Chrisfi,, Tefas `tiil4.7 •{7 KS', nt o7"td1a1 ,ly AUTHO 29 : tf tit for d Owl, .,,,ltAih FCIt4. t -AFS beerin9 N. M/ dagre� ��� Pei for an In conatd9 t _ t�k Agreement maybe re - WITH KENNETH R. PRE- Causeway Right -of -Way and ther-party,curity of accrued lose payments ,SCOTT, DBA FISH - bearing S. 61 degree 00' E. a calendar year 1983, and hereunder, and as a condi- THE FOLLY FOR distance of 303' from the can- again at the end of each suc- hen for hereunder, Agreement, 1 - THE USE OF 0,824 ACRES ter line of the Humble Chan- seeding two year period, but orator aeras that all home.,0 OF THE COASTAL PUBLIC nal. Thls point being the In no event will any single in- state exemptions be waived. 'LANDS, SITUATED AT most Northerly corner of this erase nnosuch thlyipa exam ed sin tead event ions bultanthe THERHUMBLE CHANNEL tract; or In failure W the e, C R 0 S S I N G 0 N THE THENCE S. 61 degree 00' twenty -flue percent ext of payment m an amount due, PADRE ISLAND CAUSE- E. a distance of 359' to a the then current monthly or keep any. of the convert. WAY, F Yyg� YEARS point. This point being the payments. Operator further ante or agreements hereto, FOR C STR>gCTION AND most Easterly corner of said agrees to pay the coat of or upon the violation by OP - news per pub(Icailon of orator of any cl ordinance retelln}ts1esShal" I-be'thsadd - CITY MANAGER TO EXE- distance of 170 from the certof this Ag o Ion of el. ff�p CUTE AN AGREEMENT ter line of the Padre Island negotiated at the end of the feels for prompt payment OPERATION OFA BAIT STAND FOR MONTHLY RENT PAYMENTS OF 972 127 CALENDAR YEAR 1981 AND 0130 THEREAFTER, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, A SUBSTANTIAL -COPY-CM-WHtCNYS AT- TACHE D T-•TACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A LESSOR'S AGREEMENT WITH THE U.S. SMALL BUSINESS AD- MINISTRATION RE• GARDING SAID BAIT STAND BUSINESS, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "B". BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SLCTIONN1. That the Clty f YdII& ntwil'Fmrmans *wo u9e ; rf 0824 el. public 0th I. fee litres Off* Wdt hBnnee1 flit are Isfandauseway, for five yearstorconstrue. tion and operation of a bait stand for monthly rent pay. menta of Int In calendar year 1981 and 5120 thereafter, all as more fully set forth in the agreement, a substantial copy of which Is attached hereto and made a part here- of, marked Exhibit "A". SECTION 2. That the City Manager be and he is hereby authorized to execute a Les- sor's Agreement with the U.S. Small Business Admin- istration regarding said bait stand bJainss, asubstantial copy of Which N attached hereto and made a part here- of, marked Exhibit "B" AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS THIS AGREEMENT Is made and entered Into by and between the City of Cor- pus Christi, Texas, here- inafter referred to as City, and Mr. Kenneth R. Prescott dbe Fisherman's Folly, hereinafter referred to as Operator, and for such, WITNESSETH: 1. That In consideration of the eonvenants herein con- tained on the part of Oper- ator to be kept and per- formed, City -does hereby grant to Operator a non-ex- clusive franchise for the pur- pose of building and oper- ating a ball stand business end providing related ser- vk furtheerpublic reere- t fiVari ,4,dusd tract; Agreement es required or other law In the carrying THENCE S. 0 degree 00' this our of h r a Agreement, Wen, W. a distance of 1010 to by the era r Charterthat a1 the thisoptionA of the City, this palm. Thus point being the 7 Operatorcovenantsthis Agree- at the oshall terminate, most Southerly corner of It will opt assign rhit Agree- provided however, that the seltl tract; mem nor subcontract Meuse THENCE C e3'degree Oe' of said whole , any pert of City shall have given written point. . a tlihis po of 35)5 toe the pr mal c, uorser Then i- not ce to the Operator of the mogists paint being the the normal course of buss- default claimed and Oper- most Westerly corner of said nos, unless It res fist er' ator has not cured suCh tract; pained the of the itr. default within thirty (30) THENCE N..29 degree a mission of the C leyt days of the giving of such no- poE.int. a distance of 10000'' toe Temporary renting spaces Don- Tice. It Is further understood point. ThIs point borne toe stalls or campernorl cnucon- end agreed that Inmos �m most Northerly corner of atitufea the normal course of tract and also point of businss. said ra g Operator me construct begi I g tONTAi NTNG 0,524 Beres or demolish but g nn n dins and of land and/or water, more structures, orextend and im- er less. prove existing buildings and 2. This Act to greement Is sub- structures, provided that 07 - he writ - Coastal Public Lease teof n approval of or first Ithe ns tcity for No. CL -00-008, authorized such specific protect. and approved by Ordinance 9. Operator agrees to No. 15826 passed on October taln each year a certificate 22, 1980, by the Clty Council of approval of sewage dls- af the Clty of Corpus Christi, pose) facilities from the City Texas. This Agreement is of Corpus Christi-Nueces also subtest to Texas State County Department of Pub - Department of Highways Ila Health. Operator agrees and Public Transportation to prevent the unauthorized Multi le Use Agreement of discharge of any sewage or debris onto the round, or Into the waters within or im- mediately Operator furtheacent to r agrees to construct adequate dikes around fuel storage fa- cilities or otherwise protect tamination afromtP potential spills of fuel. 10. Operator agrees to maintain regular garbage ei- there the serviceon s of the City Sanitation Division, or the services of a solid waste con- tractor holding a Cltyaf Cor- pus Christi Solid Waste Per- mit; and To prevent the March 2. 1979, pass approved by The City Council hy_Ordloance No�14167 cin February 14, 1979. 3. The term of this Agree- ment shall be for five years beginning on September 16, 1991, and ending at 11:59 p.m. on September 15, 1986. 4. Operator may terminate this Agreemeeynt by giving no - flee to of Its intent to do so at the thirty (301 days in advance of the date of ter- mination. Both parties mu- rmi- nate' this Agreemreeingent at any time. 5. City reserves the right to at any time alter the bound- accumulation er storage on aria Of the premises and the premises of any ebao- or easements with nl The pnd riem boat, dice motor refrigerator, ices when necessary for pub- stove, glass, building materl- Ii pose and the common al, rubbish or similar Items. lie 121443 See -0- Operator agrees to prevent negotiation of thio roti: the accumulation of any meet sect proutdo¢ her sunk, trash, or other debris Mel 0paretor wilt be -collo In the waters within er t P5tlele a far anymaterial medlately adjacent he dtlsfructlea or taking of int shoreline of the premises. isptto /0f 0afs as a result of 11. Operator agrees to pro- ifQlFndery alteration. vide services to the public 6. For and in consideration and to be open fOr business of this Agreement, Oporator according to reasonable heresy 00550707ta end business hours consistent agrees with and to Clty that with the business hours of It will pay City at Corpus other Operators In thelmm0- Christi, Texas, the amount of(572 demanGee E goon current Seventy -Two and no/100 l2, It a good pr under. g Dundas year month s that City shall have the during calendar year 1981 right to enter the premises at and thereafterdthe amount d reasonable hours to Inspect One Hundred Twenty and de- n0/100 (5120.00) Dollars per month Said monthly pay- ments shall be due on the first day of each month. Op- in a cons Isopto place e the City a true a accuate each location a.rrb talo a sept' of sit CO of the O axes 1 i111aAwlZk the-RPNdrneaaNtF and SSO,Oi_. facilities and otherwiseanmage, in a tympany or termine Operator's com- companies acceptabl or pliance with the Agreement. CI with a Ica pay 13. Operator agrees to post clause makin City n addl- es CI agrees Oru submit o I n w ere mer. boost incur 0550 t0 maim d insurance State tg. be charged t110 price 6r policy on file w h City. Cov- eSirMe ie-slaicit ' Mn G1 'fest of Svc marchandl0adr eragge of said Insurance shall dad# $ft(':5vdit� s serv,�r:w,.which shell not be )h:'� InnSiude the entire event, ail buildings a provements on the premiss shall remain es attached to the land and be and become the property otthe Clty to se- cure payment of all unpaid, accrued hese payments, but not otherwise, unless Oper- ator, within 180 days from he City shall pay ase pe date of ayments unpaid and then to default at the date of re- entry to the City; and the City shall at once have all right of re-entry upon premises and possess, have end I the same would have upon 9900 00. pplratlon of this Agreement hr, that yowevelae of r the above se- curity to the City shall be su- bordinated to the lien or (lens er up n theany stImprovemeIonal nts and/or personal pDroportY which are being added to the premises by the Operator to the extent that such lender may require first lien securl• ty. Operator• agrees to sptin notify City of any such 15. City shall not be liable to Operator, or to any other person whatsoever, for any Intury, loss or damage to any person or property in er upon he Coastal Public Ledda hereinabove described. Op- erator hereby agrees 00 as- sume all liability for or on account of any Initury, loan or damage above described, and to Indemnify and forever hold harmless Clty against each and every calm, de- mayn00 made against Cityby reason of or in any way arts - 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- Inbefore described. Operator agrees in this connection to carry public Nobility Insur- ance In the minimum sum of 5300,000 for personal Injury -oral,tlisasfer,Bea of God or any other cause beyond the control of either party to this Agreement, Operator's lease abateateand cease until Oper- ator shall have subatantlal)Y restored the lease premises to a condition necessary to operate the business; Pro- vided ro- v dl ed Operator begips such restoration timely and prose- cutes such restoration with reasonable diligence, and provided further that In no event shall lease payments abate for a period after each disaster aforesaid of longer than 180 days.' EXECUTED In duplicate this -- day of --, 1981. ATTEST: CITY OF CORPUS CHRISTI City Secretary By: --- Ernest Brlones Acting City Manager OPERATOR By; -s -Kenneth R. Prescott Kenneth R. Prescott APPROVED: 6th DAY OF October, 1981 By -s -J, BRUCE AYCOCK CITY ATTORNEY -s-8111 Hennii}nyygsBill Manager Assistant SrAGREEMENT (Oral or Written Lease) This agreement made and - entered into by and between Kenneth R. 8 Winnie Pre- scott, d/b/a Fisherman's Folly (Renter- hereinafter • called "Borrower"); and City of Corpus Christi (here- inafter called "Lessor"; WITNESSETH: WHEREAS Borrower Is presently renting from Les- sor certain premises owned • by Lessor located at 11108 So. Padre Island Dr., Corpus Christi, TX 78418 or situated and described as follows: WHEREAS, Small Business Administration (hereinafter referred to as "Bank/SBA") has agreed to lend to Bor- rower the sum of Thirteen Thousand Seven Hundred and no/100 dollars ); NOW, HEREFORE, for and In consideration of the mutual agreements and cov- enants, herein contained, and of disbursement of said loan or any party thereof, IT IS MUTUALLY AGREED •BY AND BETWEEN ALL PARTIES HERETO, as•fol- lows: (a) That, as of a date not more than thirty (30) days prior to any disbursement on account of the loan, Borrow- er Is not In default under any terms of the rental of the premises; erfy of the none mer the tuated on said premises constitutes fixtures or any part of the real estate of the Landlord as • same has been placed on said premises with the - agreement, and under- standing that such property may be removed therefrom and altproperrly er or placed on the leased prem- ises'by Borrower may be re- m. T;i intiSmso0#ubardlnptes'tO, lila% securtrr¢' he, et Ilen an everyrigak p tto in- stitute proceedings to estab- lish any lien or claim against aannyoraal Wat�aa�r81 tyL Met Indo , ae,,; ss In IItob Oe "gank/SBA" herelnabeve referred to. l Certifies mMatyafull P01899t and to execute this Instrument andhastitle to the premises or such property rights therein as to make effective the vesting In Borrower of rights with respect thereto In accordance wRh the terms Of said rental and this In- strument. IT IS MUTUALLY AGREED BY AND BETWEEN ALL THE PARTIES HERETO that this agreement shall be executed in three (3) counterparts, each of which shell have the same force and effect as an original, and that the terms used to desig- nate any of the parties herein shall be deemed to include the heirs, representatives, successors and assigns of such parties. TO ALL OF WHICH WE MU- TUALLY - AGREE this --day of . By-s-Kennefh *. Prescott Kenneth R. Prescott BY -s -Winnie Prescott Winnie (borrower) Prescott WITNESS: CITY OF CORPUS CHRISTI By: -- City Manager: This agreement made and entered Into by and between Kenneth R. & Winnie Pre- scott, d/b/a Fisherman's Folly (Renter- hereinafter called and City of Corpus Christi�(here- inafter called Lessor"; WITNESSETI$: WHEREAS, Borrower Is prefrom I -es• sently tin renting s owned by Lessor located at 11108 So. Padre Island Or., Corpus Chrtstl, TX 78418 or situated and described as follows: (SEE ATTACHED LEGAL DESCRIPTION) WHEREAS, Small Business Administration (hereinafter referred to as "Bank/SBA") has agreed to lend to Bor- rower the sum of Thirteen Thousand Seven Hundred and no/100 dollars (113,700.00); NOW, THEREFORE, for and In consideration of the mutual agreements and cov- enants, herein contained, and of disbursement of said loan or any party thereof, IT IS MUTUALLY AGREED BY BETWEEN ERETO as fol lows: (a) That, as of a date not more than thirty (30) deys prior to any disbursement on account of thlteak Bgrrow- .tara ldODriad I Word -Nest 111 ttfe =6 ' 1Y6i,' fixtures or any pa reel estate of the Landlord as same has been placed on said premises with the agreement and under- standing that such property may be removed therefrom by the Borrower or ascipna and all properly hereafter placed on the leased prem- IseY by Borrower may be re- moved therefrom and shall not be considered a part of the real estate. (e) Lessor subordinates to all liens securing the Note, until pa meet In full, every lien and every right to In- Sftlufe prad0ading3Yo BM. Iish any lien or claim agpainst en or all of the 'rope hy- hecated as collaterelll for he indebtedness In favor of "Bank/SBA" hereinabove referred to. (d) Certifies that he (It) has full power and authority to execute this, Instrument and has title to the premises or such property rights therein as to make effective the vesting In Borrower of rights with respect thereto In accordance with the terms of said rental and this in- strument. IT IS MUTUALLY AGREED BY AND BETWEEN ALL THE PARTIES HERETO that this agreement shall be executed In three (3) counterparts, each of which shall- have the same force and effect as an original, and that the terms used to de ag- nate any d7 the parties herein shall be deemed to Include the heirs, representatives, successors and assigns of such parties. TO ALL OF WHICH WE MU- TUALLY AGREE this --day of--,. By -s -Kenneth R. Prescott Kenneth R. Prescott By-s•Winnle Prescott Wlnnle (Borrower) Prescott WITNESS: CITY OF CORPUS CHRISTI By: -- City Manager: by the passed and approved of the City 1p t e 41st day ooffsOctober 1981, previously approved on first and second readings on October 7 and 14, 1901, re- spectively. Si Witness my h d this 22nd day of October,' -1.8111 G. Read City Secretary Cornua Christi, ,., . ��aae�:`seil PUBLISHER'S AFFIDAVIT v.339003 CITY OF C.C. STATE OF TERAS, to: County of Nueces. J Before me, the undersigned, a Notary Public, this day personally came....... BILLIE J. HENDERSON who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK -r Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 16608........ of the Corpus Christi Caller and The Corpus Christi Times, of which the annexed is a true copy, was published in CORPUS CHRIET.I. ¢ijjl $cT?M� 'on the26t11day of ...QCTQB..F,R____ 19_81, and once each. a s y thereafter for na consecutive . _ ........ 516.60 BILLIE J. HENDERSON 'aa 27 _ .. Subscribed and sworn to before me this..._..__._.._ 7.116 of OCTOBER 19 81 LOIS WINN• /n1 Notary Public, Nueces County, Texas Co14 PUBLISHEP'S AFFIDAVITv.326922 CITY FO C.C. STATE OF TEXAS, 1n; County of Nueces. Jf 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 ACCOUNTIGN 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 ___NOTTCE OF PASSAGE FO ORDINANCE ON FIRST READING...___- of whicbHhe annexed is a true copy, was published in SLUM -JO .G8[EI.T.I...g9a+T-33.-T..I.MES on the.._ day of 12th OCTOBER .19 81,., end once each..... day _thereafter for.. one _.-..-- consecutive...__....._ d,y. _ nn a ._...Times. 44.28 BILLIE J. HENDERSON ... Subscribed end sworn to before me tbre........�t}?.day of�..._..._............._....-..• OCTOBER 19 81 ...._- EUGENIA S..CORTEZ rS C Nrotary Public, Nu_ --Co , Texas