HomeMy WebLinkAbout16678 ORD - 11/11/1981AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FRANK MOORE dba PARKER'S BAIT STAND FOR FIVE YEARS,
CONCERNING USE OF TRACT 4 OF THE COASTAL PUBLIC LANDS,
BEING SITUATED AT THE HUMBLE CHANNEL CROSSING ON THE
PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERAT-
ING A BAIT STAND BUSINESS AND RELATED SERVICES TO FURTHER
PUBLIC RECREATION, AND PROVIDING FOR MONTHLY RENTAL PAY-
MENTS OF $78 IN CALENDAR YEAR 1981 AND $130 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".
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 Frank Moore dba Parker's Bait Stand for five
years, concerning use of Tract 4 of the Coastal Public Lands, being situated
at the Humble Channel Crossing on the Padre Island Causeway, for purposes
of building and operating a bait stand business and related services to
further public recreation, with monthly rental payments of $78 in calendar
year 1981 and $130 a month 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".
16678
SEP x'71984
THE STATE OF TEXAS j(
COUNTY OF NUECES
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS
4- • le
THIS AGREEMENT is made and entered into by and between the City of Corpus
Christi, Texas, hereinafter referred to as City, and Mr. Frank Moore dba Parker's
Bait Stand, 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. 4
BEGINNING at a point a distance of 70' bearing S. 29°00' W. from the
center line of the Padre Island Causeway Right -of -Way and a distance
of 503' bearing N. 61°00' W. 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 353' to a point. This point being
the most Easterly corner of said tract;
THENCE S. 29°00' W. a distance of 380' to a point. This point being
the most Southerly corner of said tract;
THENCE N. 61°00' W. a distance of 353' to a point. This point being
the most Westerly corner of said tract;
THENCE N. 29°00' E. a distance of 380' to a point, This point being
the most Northerly corner of said tract and also point of beginning.
CONTAINING 3.08 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
4X/1 '29",
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 -Eight and no/100 ($78.00) Dollars per month during calendar year 1981, and
thereafter the amount of One Hundred Thirty and no/100 ($130.00) 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 Rid 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 (25%) 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, providedthat 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.
Page 2 of 4 Pages
ellJ. 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 pre-
vent the accumulation or storage on the premises of any "abandoned" motor vehicle
or boat, ice box, refrigerator, stoves glass, building material, rubbish or similar
items. Operator agrees to prevent the accumulation of any junk, trash, or other
debris in the watersewithvn 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
•pf 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 carrying_out,of this Agreement, then, at the opt;on.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 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.
•` "' 4131y xihnllnot be liable to Operator, or to any uihe'r person whatsoev
for airy J Ory, 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
God or any other cause beyond the control of either party to this Agreement, Opera-
tor's
pera-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
day of . . ' .. 1981.
ATTEST; CITY OF CORPUS CHRISTI
By;
City Secretary Ernest M.-Briones
T3Ff Acting City Manager
APPROVED:
Z744AY or October , 1981
J. BRUCE AYCOCK, CITY ATTORNEY
By:
Ass l'S a City Actorney
OPERATOR
By:
Frank Moore
APPROVED:
Assistant ity Manager
Page 4 of 4 Pages
That the foregoing ordinance s read for f'r t time argpassed to its
second reading on this the day of 19 4IV , 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 ordinanc w s read foe second time al{d passed to its
third reading on this the day o '� ��� , 19 d'/ , 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 foregoi g rdinance w
on this the day of
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 // day of i��. , 19i/ .
ATTEST:
read for the thjrd time and passed finally
, 19 / , by the following vote:
4(tie 441
C' y Secretary
At DAY OF 1987:
J. BRUCE
By
YCOCK, C Y ATTO'NEY
MAYOR
THE CIYY OF CORPUS CHRISTI, TEXAS
16678
iniSAGE O
ORDINANCE ON
FIRST READING EEADING
AUTHORIZING THE.
CITY MANAGER TO EXE-
CUTE AN AGREEMENT!
WITH FRANK MOORE dbaI
PARKER'S BAIT STAND'
FOR FIVE YEARS, CON-.
CERNINS USE OF TRACT
4 OF THE COASTAL PUB -!
LIC LANDS, BEING SITU-
ATED AT THE HUMBLE!
CHANNEL CROSSING ONS
THE PADRE ISLAND
CAUSEWAY, FOR PUR-.
POSES OF BUILDING AND
OPERATING A BAIT.
STAND BUSINESS ANpi
RELATED SERVICE TO!
FURTHER PUBLIC REC-
REATION, AND PROVID-
ING FOR AANTHLY
RENTAL PAVMENTS OF
$78 IN CALENDAR YEAR
1981 AND $130 THERE-
AFTER, 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".
WAS PASSED ON FIRST'
READING by the City Coun-
cil of the City of Corpus
Christi, Texas on the 28th
day of October, 1981. The full
IMO of sold ordinance Is
available 10 the public In they
p19Ino of the C19y Secretary.
-s-BIII G. Read
City Secretary
Corpus Christi,
Texas
PUBLISHER'S AFFIDAVIT v.333547 CITY OF C.C.
STATE OF TEXAS, ts,
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
Accougaza Qum 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 FIR11EADIEG...
of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES
on the 2nd day of NOVEMBER 19 81 and once each.. thereafter for one
consecutive. thit.Y
__ale _Time&
BILLIE J. HENDERSON
.Subscribed and sworn to before me of 19. 1
LOIS WINNF(1.147,,)
Notary li Nueces County, Texas
_
kka sa,er - - 1.9150
PUBLISHER'S AFFIDAVIT v.340090 CITY OF C.C.
STATE OF TEXAS, L.
County of Nueces. f •
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 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 SECOND READING
of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES
on the.2.th day of NOVEMBER
consecutive..._..... _ day
OA Times.
39. 6
19-J-31, and once each day
thereafter for one
BLL�E_J,a„HENDERSON
Subscribed and sworn to before me this......] nth _.day of_..._...Ii111f.EMBER _. 19. R1
WTNN1/L�}�etAP-'
otary lic, Nue County, Texas
-8r NOTICE Ofift'Sa0Abt
.9 . OF ORDINANCE
4k* SECOND READING
AUTHORIZING THE
CITY MANAGER TO EXE-
CUTE AN AGREEMEMT
WITH FRANK MOORE dba
PARKER'S BAIT STANDI
FOR FIVE YEARS, CON-
CERNING USE TRACT 4
OF THE COASTAL PUBLIC
LANDS, BEING SITUATED
AT THE HUMBLE CHAN-
NEL CROSSING ON THE
PADRE ISLAND CAUSE-
WAY, FOR PURPOSES OE
BUYING AND OPERATING
A BAIT STAND BUSINESS
AND RELATED SERVICES
TO FURTHER PUBLIC
RECREATION, AND PRO•
VIDING FOR MONTHLY
RENTAL PAYMENTS OF
S78 IN CALENDAR YEAR
1991 AND 8130 THERE=
AFTER, ALL AS MOR
FULLY SET FORTH IN
THE AGREEMENT, A SUB-
STANTIAL COPY OF°
WHICH IN THE AGREE,
MENT, A SUBSTANTIAL
COPY OF WHICH 15 AT
TACHED HERETO AND
MADE A PART HEREOF.
MARKED EXHIBIT "A".
WAS PASSED ON SEC;
OND READING by the City
Council of the City of Corpus
Christi, Texas on the 4th day 1
of November 1981, previous--
o
October 1981. The fud
text of said orrlinance Is
available to the public In thel
Office of the City Secretary
•5-0111 G Read
City /I�crel�ary
Bd
�V ' e�,