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HomeMy WebLinkAbout17294 ORD - 10/13/1982AN ORDINANCE APPROVING ASSIGNMENT OF FISHERMAN'S FOLLY BAIT STAND ON THE KENNEDY CAUSEWAY TO MIKE GEBHARDT, JIM BRONSON AND RAY TRAINER FROM KENNETH R. PRESCOTT; AND DECLARING AN EMERGENCY. WHEREAS, the City Council by Ordinance No. 16608, passed and approved on October 21, 1981, authorized execution of a bait stand lease with Kenneth R. Prescott dba Fisherman's Folly Bait Stand situated on the Intracoastal Canal Crossing on Padre Island Causeway; and WHEREAS, in accordance with the terms of the aforesaid lease, the operator of the bait stand shall obtain written approval prior to assigning or subcontracting the said lease; and WHEREAS, Kenneth R. Prescott desires to assign the lease granted by Ordinance No. 16608 and the City is agreeable to said assignment: NOW, THEREFORE, 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 approve assignment of Fisherman's Folly Bait Stand on Tract 7 of the Coastal Public Lands, situated on the Intracoastal Canal Crossing on Padre Island Causeway, being the same lease area authorized for bait stand lease by Ordinance No. 16608, passed and approved on October 21, 1981, said bait stand to be assigned by Kenneth R. Prescott to Mike Gebhardt, Jim Bronson, and Ray Trainer all as more fully set forth in the Assignment Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." Section 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the immediate and efficient utilization of the City's property which demands the prompt attention of the Council, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this 17294 MICRO_FAMED SEP 2 8 1004 SEP 2 8 1984 ordinance is passed and shall take effect upon first reading as an emergency measure this the /'ay of October, 1982. ATTEST: APPROVED: /);CAY OF OCTOBER, 1982 J. Br c Aycock, C y Attorney MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS This assignment shall be subject to the terms of the aforesaid lease, shall be for the unexpired portion of the lease, which expires on September 15, 1986. EXECUTED this the day of October, 1982. Kenneth R. Prescott ASSIGNOR AND LESSEE Mike Gebhardt Jim Bronson Ray Trainer ASSIGNEES ATTEST: APPROVED: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF OCTOBER, 1982: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney ' By Edward A. Martin, City Manager ASSIGNMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City Council by Ordinance No. 16608, passed and approved on October 21, 1981, authorized execution of a bait stand lease with Kenneth R. Prescott, dba Fisherman's Folly Bait Stand situated on the Intracoastal Canal Crossing on Padre Island Causeway; and WHEREAS, in accordance with the terms of the aforesaid lease, the operator of the bait stand shall obtain written approval prior to assigning or subcontracting the said lease; and WHEREAS, Kenneth R. Prescott desires to assign the lease granted on Tract 7 of the Coastal Public Lands by Ordinance No. 16608 and the City is agreeable to the said assignment: 1. This assignment of lease shall cover the following described parcel or tract: 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 100to 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. Assignee, Kenneth R. Prescott, proposes to sell the building, improvements, eguipment.and business situated on the aforesaid Tract No. 7 to Mike Gebhardt, Jim Bronson, and Ray Trainer to become effective on or about , 1982. 3. Assignees Mike Gebhardt, Jim Bronson, and Ray Trainer agree to be bound to the terms of the lease between City and Lessee Kenneth R. Prescott, dated October 29, 1981, a copy of which lease is attached hereto and made a part hereof as Exhibit "A." THE STATE OF TEXAS X COUNTY OF NUECES 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 contalned 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 centes 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 oftheCity of Corpus Christi, Texas. This Agreement is also subject to Texas State Depantment of Highways and Public 6 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 Onellundred 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 (257.) of the Chen 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 buildilgs and structures, or extend and improve existing buildings ahd structures, provided that Operator first obtains the written approval of the City for each specific project. 97 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. Anno. 9 nF G Pr,VOQ 10. Operator.agree dmaintain regular garbage collettlon services„using the services of the City Sanitation Division, or theservices 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, withbn 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 1 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 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 allunpaid, 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. - City.shall not be 1\ab1e to Operator, or to any oor person.whatsoeveL. ) 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 $50,000 for property damage, in a company or com- panies acceptable to City, with a loss payable clause making City an additional • insured, and to maintain a copy of said insurance policy ori.file with City. Coverage • of said insurance shall include the entire premises including piers and any other waterfront facilities. 16. In the event of a constructive eviction due to natural disaster, act of God or any other cause beyond the control of either party to this Agreement, Opera- tor's lease payments herunder shall abate and cease until Operator shall have substantially restored the lease premises to a condition necessary to operate the -• business; provided Operator begins such restoration timely and progecutes such- -. restoiation with reasonable -diligence, and provided further that in no event shall lease payments abate for a period after each disaster aforesaid of longer than 180 days. . Executed In duplicate this day of' . • Atik.ST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF S2-t-Siz_ , 1981 Bill Hennings, Ass;stanqaty Manager By: , 1981. Ernest Brione:S,.Acting=City.Manager • OPERATOR • Cr By: enneth R.- Prescott SBA Loan No. DLB.544188 20.07 Cr-- , ,• LESSOR'S AGREEMENT ) • ' (Oral or Written Lease) . This agreement made and entered into by and between Prescott, d/b/a Fisherman's Folly Kenneth R. & Winnie (Renter - hereinafter called "Borrower"); and City of Corpus Christi (hereinafter called "Lessor"; WITNESSETH: WHEREAS, Borrower is presently renting from Lessor certain premises owned by Lessor located at 11108 So. Padre Island Dr., Corpus Christi, TX 78418 (Street Address City State Zip) or situated and dpscribed as follows: (SEE ATTACHED LEGAL DESCRIPTION) WEEREAS, Small Business Administration (hereinafter referred to as "Bank/SBA") has agreed to lend to Borrower the sum of Thirteen Thousand Seven Hundred and no/100 dollars ($ 13,700.00 NOW, THEREFORE, or 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 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 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 5 WITNESS: BY: Kenneth R.' resto_tt:, By (:7-7'4ed(7-4-t74-7 Winnie (Borrower) Prescott ) ; CITY OF CORPUS CHRISTI City Manager: ne/64Am z— Corpus Christi, T as 15 day of 44.44..) 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, /rjr k THE CITY OF CORPUS CHRISTI, TEXAS MAYOR The above ordinance was passed by the fol wing vote: Luther Jones Betty N. furrier Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17294 AN ORDINANCE APPROVING ASSIGNMENT OF FISHERMAN'S FOLLY BAIT STAND ON THE KENNEDY CAUSEWAY TO MIKE GEBHARDT, JIM BRONSON AND RAY TRAINER FROM KENNETH R. PRESCOTT; AND DECLARING AN EMERGENCY. WHEREAS, the City Council by Ordinance No. 16608, passed and approved on October 21, 1981, authorized execution of a bait stand lease with Kenneth R. Prescott dba Fisherman's Folly Bait Stand situated on the Intracoastal Canal Crossing on Padre Island Causeway; and WHEREAS, in accordance with the terms of the aforesaid lease, the operator of the bait stand shall obtain written approval prior to assigning or subcontracting the said lease; and WHEREAS, Kenneth R. Prescott desires to assign the lease granted by Ordinance No. 16608 and the City is agreeable to said assignment: NOW, THEREFORE, 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 approve assignment of Fisherman's Folly Bait Stand on Tract 7 of the Coastal Public Lands, situated on the Intracoastal Canal Crossing on Padre Island Causeway, being the same lease area authorized for bait stand lease by Ordinance No. 16608, passed and approved on October 21, 1981, said bait stand to be assigned by Kenneth R. Prescott to Mike Gebhardt, Jim Bronson, and Ray Trainer all as more fully set forth in the Assignment Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." Section 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the immediate and efficient utilization of the City's property which demands the prompt attention of the Council, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this 17291 MICRO_FAMED SEP 2 8 104 SEP 28 1984_ ordinance is passed and shall take effect upon first reading as an emergency measure this the ay of October, 1982. ATTEST: '42".•Zr/ C' Secretary MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS APPROVED: /);CAY OF OCTOBER, 1982 J. Br c Aycock, Cflty Attorney This assignment shall be subject to the terms of the aforesaid lease, shall be for the unexpired portion of the lease, which expires on September 15, 1986. EXECUTED this the day of October, 1982. ATTEST: City Secretary APPROVED: DAY OF OCTOBER, 1982: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Kenneth R. Prescott ASSIGNOR AND LESSEE Mike Gebhardt Jim Bronson Ray Trainer ASSIGNEES APPROVED: CITY OF CORPUS CHRISTI By Edward A. Martin, City Manager ASSIGNMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City Council by Ordinance No. 16608, passed and approved on October 21, 1981, authorized execution of a bait stand lease with Kenneth R. Prescott, dba Fisherman's Folly Bait Stand situated on the Intracoastal Canal Crossing on Padre Island Causeway; and WHEREAS, in accordance with the terms of the aforesaid lease, the operator of the bait stand shall obtain written approval prior to assigning or subcontracting the said lease; and WHEREAS, Kenneth R. Prescott desires to assign the lease granted on Tract 7 of the Coastal Public Lands by Ordinance No. 16608 and the City is agreeable to the said assignment: 1. This assignment of lease shall cover the following described parcel or tract: 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. Assignee, Kenneth R. Prescott, proposes to sell the building, improvements, equipment and business situated on the aforesaid Tract No. 7 to Mike Gebhardt, Jim Bronson, and Ray Trainer to become effective on or about , 1982. 3. Assignees MiK2 Gebhardt, Jim Bronson, and Ray Trainer agree to be bound to the terms of the lease between City and Lessee Kenneth R. Prescott, dated October 29, 1981, a copy of which lease is attached hereto and made a part hereof as Exhibit "A." Ex/D."7A" THE STATE OF TEXAS X COUNTY OF NUECES I 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. 29o00' E. a distance of 170' from the centes 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 oftheCity of Corpus Christi, Texas. This Agreement is also subject to Texas State Depatment of Highways and Public Transportation Multiple UseAgreement 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 hay 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 eheboundaries 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 tlie first day of each month. Operator agrees to submit to the City a true and accurate copy of the State of Texas Sales Tax Repbrt 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 Reid 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 thenormal course of business. • 8. Operator may construct or demolish buildings and structures, or extend and • improve existing buildings ahd 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 Public Health. Operator agrees to or debris onto the ground, or into Corpus Christi-Nueces County Department of prevent the unathorized discharge of any sewage the waters within or immediately adjacent to the premises. Operator further agrees to construct adequate dikes around fuel . stnr.age facilities or otherwise protect adjacent waters from contamination from potential spills -of fuel_ Pncr. ne A PtInQc 10. Operator agree dmaintain'reguiar garbage colleCt'ion ervices,,u.sing .) ..er the services of the City Sanitation Division, or the services of a solid waste contractor holding a City of Corpus Christi SolidWaste 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, withim 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 carryipa_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 allunpAid, 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. . . ' ' • . City.shall not be 1\2able to Operator, or to any tier person -whatsoever. i 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 $50,000 for property damage, in a company or com- panies acceptable to City, with a loss payable clause making City an additional insured, and to maintain a copy of said insurance policy on..file with City. Coverage of said insurance shall include the entire premises including piers and any other waterfront facilities. 16. In the event of a constructive eviction due to natural disaster, act of God or any other cause beyond the control of either party to this Agreement, Opera- tor's lease payments herunder shall abate and cease until Operator shall have substantially restored the lease premises to a condition necessary to operate the _ business; provided Operator begins such restoration timely and prosecutes such - restoration with reasonable "diligence, and provided further that in no event shall lease payments abate for a period after each disaster aforesaid of longer than 180 days. . Executed in duplicate this day of , 1981. ATTEST: CITY OF CORPUS CHRITI City Secretary APPROVED: Ct.:DAY OF S2-r-VZIA.)--L_ , 1981 By: Bill Hennings,.Assi,stantpty manager By: Ernest Brioi&S, Acting-Cit5r. Manager - OPERATOR By: enneth R. Prescott SBA Loan No. DLB 544188 20.07 Cr-- . ) . LESSOR'S AGREEMENT (Oral or Written Lease) . This agreement made and entered into by and between Prescott, d/b/a Fisherman's Folly Kenneth R. & Winnie (Renter - hereinafter called "Borrower"); and City of Corpus Christi (hereinafter called "Lessor"; WITNESSETH: WHEREAS, Borrower is presently renting from Lessor certain premises owned by Lessor located at 11108 So. Padre Island Dr., Corpus Christi, TX 78418 (Street Address City State Zip) or situated and described as follows: (SEE ATTACHED LEGAL DESCRIPTION) WBEREAS, Small Business Administration (hereinafter referred to as "Bank/SBA") has agreed to lend to Borrower the sum. of Thirteen Thousand Seven Hundred and no/100 dollars ($ .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 tower 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 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 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 By. ./ Kenneth R. resectp By: -_.:%/-4-e--77.1.,/ Winnie (Borrower) Prescott WITNESS: BY: CITY OF CORPUS CHRISTI ) ; City Manager: Corpus Christi, T as j5 day of dzia.A.) , 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, /7e* -4'41( MAYOR r The above ordinance was passed by the fol Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky THE CITY OF CORPUS CHRISTI, TEXAS wing vote: 17291