HomeMy WebLinkAbout17387 ORD - 12/08/1982AN ORDINANCE
AUTHORIZING A LEASE AGREEMENT WITH ERNIE C. BUTTLER AND
CORLISS W. BUTTLER DBA SNOOPY'S PIER FOR THE CONSTRUCTION
AND OPERATION OF A BAIT STAND BUSINESS ON TRACT NO. 13 OF
THE COASTAL PUBLIC LANDS FOR TWENTY YEARS TO FURTHER
PUBLIC RECREATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute a lease
agreement with Ernie C. Buttler and Corliss W. Buttler dba Snoopy's Pier for
the construction and operation of a bait stand business on Tract 13 of the
Coastal Public Lands, being situated at the Intercoastal Canal on the Padre
Island for twenty years to further public recreation and providing for
monthly rent payments of $324, all as more fully set forth in the lease
agreement, a substantial copy of which is attached hereto and made a part
hereof, marked Exhibit "A."
17387
8€P 2 81984
MICROFILMED
STATE OF TEXAS
COUNTY OF NUECES
LEASE AGREEMENT
}
KNOW ALL MEN BY THESE PRESENTS:
THIS LEASE AGREEMENT is made and entered into by and between the
City of Corpus Christi, Texas, hereinafter referred to as City, and Ernie
Snooy 's P. ar Cw0 6tr3 dro�9 S�
C. Buttler and wife Corliss W. Buttler, d/b/a/ y
collectively hereinafter referred to as Operator, and said parties agree as
follows:
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. 13
A tract of land and/or water being on the Southeast side of the intra -
coastal Canal crossing on Padre Island Causeway, and being more partic-
ularly described as follows:
Beginning at a -point which is the center line of the Padre Island
Causeway and the center of Trestle "B";
Thence S. 64° 03' E. along the center line of the Padre Island
Causeway a distance of 200 feet to a point;
Thence S. 25° 57' W. a distance of 800 feet to a point which is the
Northwest corner of Tract No. 13;
Thence S. 640 03' E. a distance of 300 feet to the Northeast corner
of this tract;
Thence S. 25° 57' W. a distance of 500 feet to the Southeast corner
of this tract;
Thence N. 64° 03' W. a distance of 300 feet to the Southwest corner
of this tract;
Thence N. 25° 57' E. a distance of 500 feet to the place of beginning;
Containing 3.444 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.
3. The term of this Agreement shall be for a period beginning on
December 1, 1982, and ending September 1, 2000.
Page 1 of 6
fxb.'q
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 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 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 to City at Corpus
Christi, Texas, the amount of Three hundred and Twenty-four Dollars ($324)
per month. Said monthly payments shall be due on the first day of each
month, commencing on December 1, 1982, and continuing regularly thereafter
during the term of this lease. 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, after the expiration of two years from the effective date of this
lease, and again at the end of each succeeding two-year period, but in no
event shall 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, provided that
Page 2 of 6
Operator first obtains the written approval of the City for each specific
project.
a. In further consideration of this Agreement, Operator agrees to
construct the following improvements before December 1, 1987, to-wit:
(1) Improvements to restaurant consisting of remodeling kitchen,
enlarging restaurant area and constructing an outdoor patio at an
estimated cost of $20,000.
If Operator fails to perform the above described improvements
before December 1, 1987, this Agreement shall then terminate.
b. Operator further agrees to construct the following improvements
before December 1, 1992, to-wit:
(1) Improvements to pier consisting of the construction of twenty
additional boat slips with electricity and water hookups, at an estimated
cost of $40,000.
(2) Parking lot improvements consisting of filling and grading
parking area and access road.
If Operator fails to perform the above described improvements before
December 1, 1992, this Agreement shall then terminate.
Upon completion of the improvements above described, Operator may
send a written notice to City informing City of completion; if City does
not object in writing within sixty days to Operator's assertion of completion,
this Agreement shall automatically be continued for the remainder of the term.
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 services
of a solid waste contractor holding a City of Corpus Christi Solid Waste
Permit; and to prevent 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
Page 3 of 6
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 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 sixty (60) 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 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 upon said premises
and possess, have and enjoy the same which it would have upon the expiration
of this Agreement by lapse of time.
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 an account of any injury, loss or damage above
Page 4 of 6
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, 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 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, Operator's monthly payments hereunder shall abate and cease
until Operator shall have substantially restored the premises to a condition
necessary to operate the business; provided Operator begins such restoration
timely and prosecute such restoration with reasonable diligence, and provided
further that in no event shall monthly payments abate for a period after each
disaster aforesaid of longer than 180 days.
17. City agrees at any time or from time to time upon request of
Operator, to execute and deliver any instruments necessary to cause this
lease to be subject, subordinate and inferior to any lien or encumbrance
hereafter placed on the leased premises by Operator, to all advances made
under any such lien or encumbrance, to the interest payable on any such
lien or encumbrance, and to any and all renewals and extensions of such
leases or encumbrances, provided that such lien or encumbrance is necessary
for Operator to finance the improvements described in Paragraph 8 hereof.
Page 5 of 6
ATTEST:
City Secretary
APPROVED:
DAY OF
BY
.1982
CITY ATTORNEY
APPROVED:
(Assistant City Manager)
CITY OF CORPUS CHRISTI
THIS THE DAY OF
BY
, 1982.
Edward A. Martin, City Manager
OPERATOR
THIS THE _ DAY OF
BY 44 62-
C
Page 6 of 6
Ernie C. Buttler
, 1982.
em. w
Corliss W. Buttler
That the foregoing ordinancelead for firs time d assed to its
second reading on this the �a�/,/"k-day of . 79, 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 wa read for
third reading on this the oZ day of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins,
Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the forego' ordinance w
on this the day of
second time a
, 19
passed to its
, by the
r the t44;0 time and passed finally
9 , 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
ATTEST:
"C•
_de<D4r 41a7
y Secretary
APPROVED:
17 DAYJ. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Cit
orney
day of p 2 .oseitie... , 19
MAYOR
/, j;00(
THE Y OF CORPUS CHRISTI, TEXAS
17387
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, 1,,,;
County of Nueces. "
#17317
CITY OF C.C.
L3g
Before me. the undersigned, a Notary Public. this day personally came.
RITA C. R05AL who being first duly sworn. according to law. says that be is the
nnnoTTMTT$0 r.TRuu ....____ - - - ..- of the Corpus Cbristi Caller and The Corpus Christ:Mmes.
Daily Newspapers published at Corpus Christi. Teras,, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE
al which the annexed is a true copy, was published in
=the 29th day of NOVEMBER
CORPUS CHRISTI CALLER -TIMES
19 82 . and once each.
DAT
thereafter for ONE
eonsecntive......_ V __. —
n Times.
27.00 RITA C. ROSALES elm
$ ACCOUNTING CLERK
Subscalbed andsworn to before me this_ ._..10th day nFCFMUF$ 19 82
EUGENIA S. C G
tary Plic. Nueces County. T -
NOTICE OF PASSAGE 1
OF ORDINANCE ON ,,
-S,ECOND_READSNG
AUTHORIZING A LEASE
AGREEMENJ WITH ER-,
I!
NIE C. BUTTLER AND,
i- CORLISS W. BUTTLER
dDBA SNOOPY'S PIER FOR
s ERATION OF A BAIT
CONSTRUCTION AND OP -
STAND BUSINESS ON
TRACT NO. 13 OF THE
, COASTAL PUBLIC LANDS
s FOR TWENTY YEARS TO
FURTHER PUBLIC RE-'
r CREATION.
II Was passed on second read -
II Ing by the City Council of
y the City of Corpus Christi, ,
y Texas en the 44th day of
November, 1984, previously '
s pasSed on first reading an
y, November 17, 1984. The full �1
e- availablof e tod the ordinance
In '
, the Office of the City , Secre-
ry ice,. .'
41F NO G Read -
Secretary,
tl, Texas, I