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HomeMy WebLinkAbout17337 ORD - 11/03/1982AN ORDINANCE APPROVING ASSIGNMENT OF J.F.K. MARINA BAIT STAND ON THE KENNEDY CAUSEWAY TO GREGORY D. GOODMAN FROM BOBBIE D. GRAVES; AND DECLARING AN EMERGENCY. WHEREAS, the City Council by Ordinance No. 16534, passed and approved on September 16, 1981, authorized execution of a bait stand lease with Bobbie D. Graves dba J.F.K. Marina 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, Bobbie D. Graves desires to assign the lease granted by Ordinance No. 16534 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 J.F.K. Marina Bait Stand on Tract 3 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. 16534, passed and approved on September 16, 1981, said bait stand to be assigned by Bobbie D. Graves to Gregory D. Goodman, 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 1.'733'7 SEP 2 81984 MICROFILMED ordinance is passed and shall take effect upon first reading as an emergency measure this the ATTEST: day of November, 1982. 4crry% MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF NOVEMBER, 1982 J. Bruce Aycock 17, Attorney ASSIGNMENT AGREEMENT THE STATE OF TEXAS 1 COUNTY OF NUECES 1 WHEREAS, the City Council by Ordinance No. 16534, passed and approved on September 16, 1981, authorized execution of a bait stand lease with Bobbie D. Graves, dba J.F.K. Marina 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, Bobbie D. Graves desires to assign the lease granted on Tract 3 of the Coastal Public Lands by Ordinance No. 16534 and the City is agreeable to the said assignment. 1. This assignment of lease shall cover the following described parcel or tract: TRACT NO. 3 Beginning at a point 200' Northwest of center line of Intracoastal Waterway and lying on the center line of the Padre Island Causeway right of way, this point being the most easterly corner of this tract; THENCE S. 25° 57' W. a distance of 525' to a point, this point being the most southerly corner of said tract; THENCE N. 64° 03' W. a distance of 415' to a point, this point being the most westerly corner of this tract; THENCE N. 25° 57' E. a distance of 525' to a point, this point being the most northerly corner of said tract; THENCE S. 64° 03'E. a distance of 415' to a point, this point being the msot easterly corner of this tract and also point of beginning, containing 5.00 acres of land and/or water, more or less. 2. Assignee, Bobbie D.Graves, proposes to sell the building, im- provements, equipment ana business situated on the aforesaid Tract No. 3 to Gregory D.Goodman to become effective on or about , 1982. 3. Assignee Gregory D. Goodman agrees to be bound to the terms of the lease between City and Lessee Bobbie D. Graves, dated September 30, 1981, a copy of which lease is attached hereto and made a part hereof as Exhibit "A." 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 , 1982. ATTEST: City Secretary APPROVED: DAY OF NOVEMBER, 1982: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Assistant City Manager Bobbie D. Graves ASSIGNOR AND LESSEE Gregory D. Goodman ASSIGNEE APPROVED: CITY OF CORPUS CHRISTI By Edward A. Martin, City Manager THE STATE OF TEXAS 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 Bobbie D. Graves dba J.F.K. Marina, 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. 3 BEGINNING at a point 200' Northwest of center line of Intracoastal Waterway and lying on the center line of the Padre Island Causeway Right -of -Way. This point being the most Easterly corner of this tract; THENCE S. 25° 57' W. a distance of 525' to a point. This point being the most Southerly corner of said tract; THENCE N. 64° 03' W. a distance of 415' to a point. This point being the most Westerly corner of said tract; THENCE N. 25° 57' E. a distance of 525' to a point. This point being the most Northerly corner of said tract; THENCE S. 64° 03' E. a distance of 415' to a point. This point being the most Easterly corner of said tract and also point of beginning. CONTAINING 5.00 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 the City Council of the City of Corpus Christi, Texas, by Ordinance No. 15826 passed on October 22, 1980. This Agreement is also sub- ject to all provisions of Texas Department of Highways and Public Transportation Multiple Use Agreement of March 2, 1979, authorized and approved by Ordinance No. 14767 passed on February 14, 1979. 3. The term of this Agreement shall be for a period beginning on September 1, 1981, and ending at 11:59 p.m. on September 1, 2000. 4. Operator may terminate this Agreement by giving notice to the City of its intent to do so at least thirty (30) days in advance of the date of termination. Both parties mutually agreeing may terminate this Agreement at any time. 5. City reserves the right to at any time alter the boundaries of the premises --- EXHIBIT Page -I-of Z pages and to 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 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 Ninety and no/100 ($90.00) Dollars per month during calendar year 1981, and thereafter the amount of One Hundred Fifty and no/100 ($150.00) 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 Quarterly 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 lease payments on any such occasion exceed twenty-five percent (25%) of the then current lease 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. Tem- porary 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. In further consideration of this Agreement, Operator agrees to make his best efforts to construct the following improvements before September 1, 1986; general building repairs, ten additional piers, and a turning basin for sports fishing boats. 9. 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. 10. Operator agrees to maintain regular garbage collection services, using either the services of the City Sanitation Division, or the servi o s of a solid waste contractor holding a City of Corpus Christi Solid Waste Permit; and to prevent the accumulation of storage on the premises of any "abandoned" motor vehicle or boat, Page 2 of 4 Pages ice box, refrigerator, stove, glass, building material, rubbish or similar items. Operator agrees to prevent the accumulation of any junk, trash, or other debris in the waters within or immediately adjacent to the shoreline of the premises. 11. Operator agrees to provide services to the public and to be open for business according to reasonable business hours consistent with the business hours of other Operators in the immediate area, current business demand and good practice. 12. It is expressly understood that City shall have the right to enter the premises at reasonable hours to inspect facilities and otherwise determine Operator's compliance with the Agreement. 13. Operator agrees to post in a conspicuous place at each location where merchandise is sold, or fees are to be charged, the price or cost of such merchandise or service, which shall not be in excess of those charged under similar conditions - elsewhere within the City. 14. All improvements on the premises shall be the security for prompt payment of accrued lease payments hereunder, and as a condition for this Agreement, Operator agrees that all homestead exemptions be waived. In the event of default in the pay- ment of any amount due, or in failure of the Operator to keep any of the covenants or agreements herein, or upon the violation by Operator of any city ordinance or other law in the carrying out of this Agreement, then, at the option of the City, this Agreement shall terminate, provided however, that the City shall have given written notice to the Operator of the default claimed and Operator has not cured such default within thirty (30) days of the giving of such notice. It is further under- stood and agreed that in such event, all buildings and improvements on the premises shall remain as attached to the land and be and become the property of the City to secure payment of all unpaid, accrued lease payments, but not otherwise, unless Operator, within 120 days from the date of re-entry by the City shall pay all unpaid and accrued lease payments then in default at the date of re-entry to the City; and the City shall at once have all right of re-entry upon said premises and possess, have and enjoy the same which it would have upon the expiration of this Agreement by lapse of time; provided however, that the above security to the City shall be subordinated to the lien or liens of any institutional lender upon the improvements and/or personal property which are being added to the premises by Operator to the extent that such lender may require first lien security. Operator agrees to notify City in writing of any such lien. 15. City shall not be liable to Operator, or to any other person whatsoever, for any injury, loss or damage to any person or property in or upon the Coastal Public Lands hereinabove described. Operator hereby agrees to assume all liability for or Page 3 of 4 Pages on account of any injury, loss or damage above described, and to indemnify and forever hold harmless City against each and every claim, demand or cause of action that may be made against City by reason of or in any way arising out of any defect or imperfection in any building, pier, wharf, sidewalk, driveway, street, or any other structure in or upon the Coastal Public Lands hereinbefore described. Operator agrees in this connection to carry public liability insurance in the minimum sum of $300,000 for personal injury and $50,000 for property damage, in a company or companies acceptable to City, with a loss payable clause making City an additional insured, and to maintain a copy of said insurance policy on file with City. Coverage of said in- surance shall include the entire premises including piers and any other waterfront facilities. 16. In the event of a constructive eviction due to natural disaster, act of God or any other cause beyond the control of either party to this Agreement, Operator's lease payments hereunder shall abate and cease until Operator shall have substantially restored the lease premises to a condition necessary to operate the business; provided Operator begins such restoration timely and prosecutes such restoration with reasonable diligence, and provided further that in no event shall lease payments abate for a period after each disaster aforesaid of longer than 180 days. EXECUTED in duplicate, this b'� day of , 1981. ATTEST: APPROVED: 2S -'DAY OF , 1981 Q.t COCL l 21 i9.ifOMPy stant City Attorney Assistant City Manager CITY OF CORPUS CHRISTI By: -JP" R. Mary Townsend, C" y Manager OPERATOR By:cfi ///1 - i!. "- Bobbie D. Graves 1x =1453 Y. A ;'u•.:., BY COUR,L_ S ..tTARY Page 4 of 4 Pages Corpus Christi, exas day of 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; I/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, Respectfully, Council Members The above ordinance Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky MAYOR THE CITY OF CORPUS CHRISTI, TEXAS was passed by the following vote: 17337