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