HomeMy WebLinkAbout17705 ORD - 07/13/1983AN ORDINANCE
APPROVING ASSIGNMENT OF RED DOT BAIT STAND TO F. C.
EDGEMON, SAID BAIT STAND BEING SITUATED ON THE
INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY,
CONCERNING TRACT 2 OF THE COASTAL PUBLIC LANDS, 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"; AND DECLARING AN
EMERGENCY.
WHEREAS, the City Council by Ordinance No. 13075, passed and
approved on March 17, 1976, authorized execution of a bait stand lease with
S. A. Kimbrell dba Red Dot Bait Stand situated on the Intracoastal Canal
Crossing on Padre Island Causeway; and
WHEREAS, the City Council by Ordinance No. 15322, passed and
approved on January 23, 1980, authorized approval of the of the sublease of
Red Dot Bait Stand by S. A. Kimbrell to Bill Chaney, and the parties desire
to terminate said sublease; 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, S. A. Kimbrell desires to assign the subject land/water
area described herein, 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 the assignment of Red Dot Bait Stand on Tract 2 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 13075,
passed and approved on March 17, 1976, and being the same lease area approved
for sublease by Ordinance No. 15322, passed and approved by the City Council
on January 23, 1980, said bait stand to be assigned by S. A. Kimbrell to F.
C. Edgemon, all as more fully set forth in the Assignment Agreement, a
substantial copy of which is attached hereto, marked Exhibit "A", and made a
part hereof.
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
SEP 28 1984
MICROFILMED
17705
efficient and effective administration of City affairs by approving the
aforesaid assignment at the earliest practicable date, 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 ordinance is passed and hall take effect upon first
reading as an emergency measure this the / day of July, 1983.
ATTEST:
APPROVED: ,--6 —�tiDAY OF JULY, 1983
vvv
74;y— J. ruce Ayco 'ity Attorney
MAYO
THE CI OF CORPUS CHRISTI, TEXAS
ASSIGNMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS, the City Council by Ordinance No. 13075, passed and
approved on March 17, 1976, authorized execution of a bait stand lease with
S. A. Kimbrell, dba Red Dot Bait Stand situated on the Intracoastal Canal
Crossing on Padre Island Causeway; and
WHEREAS, the City Council by Ordinance No. 15322, passed and
approved on January 23, 1980, authorized approval of the sublease of Red Dot
Bait Stand by S. A. Kimbrell to Bill Chaney, and the parties desire to
terminate said sublease; 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, S. A. Kimbrell desires to assign the lease area granted on
Tract 2 of the Coastal Public Lands by Ordinance No. 13075 and the City is
agreeable to the said assignment:
1. This assignment shall cover the following described parcel or
tract:
Tract No. 2
A tract or parcel or land and/or water being on the
southeast side of the Intracoastal Canal crossing on
Padre Island Causeway, and being more particularly
described as follows:
BEGINNING at a point which is in the center line of the
Padre Island Causeway Right -of -Way and the center of
Trestle "B", being also the center line of said
Intracoastal Canal;
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 150 feet to a point
which is the most northerly corner of Tract No. 2;
THENCE S 64° 03' E a distance of 300 feet to the most
easterly corner of this tract;
THENCE S 25° 57' W a distance of 375 feet to the most
southerly corner of this tract;
THENCE N 64° 03' W a distance of 300 feet to the most
westerly corner of this tract;
THENCE N 25° 57' E a distance of 375 feet to the place of
beginning;
CONTAINING 2.583 acres of land and/or water, more or
less.
2. Lessee S. A. Kimbrell proposes to sell the building, improvement,
equipment, and business situated on the aforesaid Tract No. 2 to F. C.
Edgemon to become effective on or about , 1983.
3. Assignee F. C. Edgemon agrees to be bound to the terms of the
lease between City and Lessee S. A. Kimbrell dated March 22, 1976, as amended
to increase the monthly rent to $204.00,a copy of which lease is attached
hereto and made a part hereof as Exhibit "A".
EXECUTED this the day of , 1983.
ATTEST:
City Secretary
APPROVED:
DAY OF
, 1983
J. BRUCE AYCOCK, CITY ATTORNEY
S. A. Kimbrell
ASSIGNOR
F. C. Edgemon
ASSIGNEE
APPROVED: CITY OF CORPUS CHRISTI
By
Edward A. Martin, City Manager
By
Assistant City Attorney Assistant 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, a municipal corporation, hereinafter
referred to as City, pursuant to a Resolution authorizing this
Agreement, and S. A. Ximbrell, d/b/a Red Dot 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 S. A. Kimbrell, d/b/a Red Dot Bait Stand, a non-exclusive
franchise for the purpose of building and operating a bait stand•' --°—
business to further public recreation in the Coastal Public Lands
described as Tract 2, on Exhibit "A" attached hereto and made '
a part of this -Agreement.
2. This Agreement is subject to all provisions of Coastal•Public
Lands Lease No. L-1000, a copy of which is attached hereto as Exhibit •
"B", and to all provisions of TEX. REV. CIV. STAT.•ANN. ART_ 5l15e-1:•,
This Agreement is subject to the approval of -the Texas School Land
Board.
3_ The term of this Agreement shall be -for a period beginning
on the 51st day following the date of final adoption of the Ordinance
authorizing this Agreement and ending on October 24, 1979. Operator
shall have the option to renew this Agreement for an -additional five-
year period subject to City successfully obtaining the authorization
from the State of Texas to so extend the Agreement.
4_ The City may terminate this Agreement by giving notice to
the Operator of its intent to do so at least one year in advance of
the date of termination. 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- The Coastal Public Lands contemplated by this Agreement are
expressly subject to lease by the School Land Board for the exploration
for and development of oil, gas, minerals, and/or other energy sources
at any time during the term hereof.
6. City reserves the right to at any time alter the boundaries
of the premises and to designate access and utility easements within
the prenises 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.
7. 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 One Thousand Two Hundred Twenty
Four and No/100 .($1,224.00) DOLLARS per year. Payments shall be made
by Operator for each calendar month in the amount of one -twelfth of
the annual amount due, and said monthly payments shall be due on the
20th day of -the following month.- Operator agrees to submit to the
City a true and accurate copy of the State of Texas Quarterly Sales
Tax Report (Form 9s 2.vx, such forms to be furnished by the City). .
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 as lease payments hereunder, may be renegotiated -
at the option of either party, at the end of the calendar year 1977,
and again at the end of each succeeding two-year period, but in no -
event will any single increase in lease payments exceed twenty percent -
(20%) of the current lease payments.
8. 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. It is agreed and under-
stood that temporary renting of boat stall, moorings, or yardage .
constitutes the normal course of business of Operator, and does not
constitute subcontract or assignment of the leased premises.
9_ 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 City for each
specific project_ Operator shall construct and repair all improvements
and install all equipment in compliance with the City of Corpus Christi
Building Code, Electrical Code, Fire Prevention Code, Plumbing Code,
Zoning Ordinance, and all other applicable laws and ordinances.. It
is agreed and understood that all construction and repairs of buildings _
and structures and equipment installation shall be at -the expense of ._
Operator_ Building previously painted, or made of a material requiring •
painting, shall -be painted at intervals not to exceed two (2) years,
unless Operator obtains written Waiver of this requirement from City.•
10. Operator agrees to maintain sewage disposal facilities
in compliance with all applicable_laws and regulations. In this
connection, Operator agrees to obtain a written statement at least
once per year from the City of Corpus Christi - Nueces County Health
Department reporting the conditions and acceptability of sewage
disposal facilities,.and to provide a copy of said written statement
to City_ In the event that existing septic tank facilities fail to
be approved, then Operator agrees to•install holding tanks of a size •
to be approved by City and to procure regular._servicing in accordance
with a -schedule approved by.City. Operator further agrees to procure
sanitary sewer services if said services become.available to.the`'
premises, and to connect all toilet drains and other sewage lines
within ninety days after sanitary sewer service becomes available.
Operator agrees to prevent the unauthorized discharge of any sewage
or debris onto the'ground, or into the waters within or ir,.mediately
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.
11_ .A copy of City Council Resolution No. 11768 is attached•
hereto as Exhibit "Cu. Operator agrees to carry out the spirit and
intent of said Resolution No. 11768 by maintaining the premises so
as to he clean and have a pleasing appearance. Operator agrees to
maintain regular garbage collection services, using either the
services of the City of Corpus Christi 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, refriger—
ator, 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.
12. Operator agrees to provide its services to the public and
to be open for business according to reasonable business hours con—
sistent with the business hours. of other Operators in the immediate
area, current business demand and good practice.
13. 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. -
14. 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 are not in
excess of those charged under similar conditions elsewhere within
the City. limits of the City of Corpus Christi. \
15. 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. It is understood and agreed that, 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 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.
16. It is further agreed and understood that 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 consents and
agrees to assume all liability for or on account of any injury,,. loss
or damage above described, and-tb ndemnify 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,
way, 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 $100,000 for
personal injury and $5,000 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, wharfs, and any other waterfront
facilities.
17.. It is further agreed and understood that 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 this the 2z day of L. a� L 1976•
ATTEST=
13 07,5 `. AOTHORIZEL
Si COUNCIL . "'1 7-74
SECRETARY By
APPROVED:
CITY OF CORPUS CHRISTI
OPERATOR
3 day of T/1/114? -:4--)
City Atorney
dze_g_k0
S. A. Kimbrell, d/b/a Red Dot
Bait Stand
TRACT 10_ 2
A tract or parcel of land and/or water being on the southeast side of
the Intracoastal Canal crossing on Padre Island Causeway, and being
. more particularly described as follows:
BEGIMING at a point which is in'the center line of the. Padre Island'
Causeway Right -of Way and the center of Trestle "B", being also the
center line of said Intracoastal Canal;.
- THETICS S. 64-° 03'E. along the center line of the Padre Island Causeway
a distance of 200 feet to a point;' ••- • .
THENCE 3. 25° 57' W. a distance of 150 feet to a point which is the most
northerly corner of Tract No. 2; •. - . . .
THENCE S. 64° 03' E. a distance_ of 30a feet to the most easterly corner
of this tract;..
TFLENCE S_ 25° 571-W_ a distance of 375 feet to the most southerly corner
of this tract;, -
THENCE N.-64° 03' W. a distance of 300 feet to the most westerly corner '
of this tract; .. •
THENCE N. 25° 57' E. a distance of 375 feet to the place of beginning;
CONTAINING 2_583 acres of land and/or 3,.2.ter, more or less. -
•
. - -
-c-
/
"•-•
I..
• i
..•
Ni 1 Cz4--ve •Oala
I A • _13-'05' •
.0 r 2•
.• 1 • 7" =esa.o°
2 r/a52,50.
.,e e28r.8a.
AZ --/-95/54 ai
- _
—I I
21/1/100 Zegni
fz .7/11/44004,4-274-ask/Ca/A7Ie-72-55A-.
51a. 217/ 1700end 72eille
-Z.
-5-7i5/./D
,E7EFE,O4WC.E.-
/./aeces CaV/2/4P L7cii;ecr/i2y, D47L
.00/ 8/ Way map //a .035-./038..
Feviseas dale "fog. /967:
• -
•
ZArgig.77
5/a veo 07:00 lies//e
?Tres/k'
5/a.? azaa 72-eslIe
-�..+-•_•+.•++ rr•+u& . 1.1111.411,.101.4110{.•l{J_ 1l-1Ul.0
. S+I, '•T: Or TEXAS - X
CG
-,-*Y Ur TRAVIS X
.t u ly1'
The parties to this lease are the School Land Board of the
State of Texas, LESSOR, and the City of Corpus Christi, Nueces
County, Texas, LESSEE_
This lease is nade under the, authority of and for the pur-
poses set forth in the Coastal Public Lands Management Act 'of
1973, TEX_ REV_ CIV- STMT_ ANN- art. 5415e=1, E8(a) (1) and
58(b) (4)- - -
•
The term of this lease is five -(5) years from the date hereof.
Either party hereto may .terminate thislease by giving -notice
to the other' party of intent to do so at -least one year in advance
- . of _the date of termination.
For end an consideration of 'the covenants herein conteaned
•
on the part of LESSEE to be kept and performed, LESSOR does hereby
lease unto LESSEE, subject to all provisions of TEX_ REV_ CiV_ STAT.
ANN— ort_ 5415e-1, the Coastal Public Lands described as Tract No_.3
Tract 2:o_ 2; a1nd Tract No. 3 on' Exhibit A attached- hereto and made L
part of this Lease Agreer{ent_
The Coastal Public Lends contemplated by this lease are expres.
_subject to lease by the School Land Board•fir the exploration for al
development of oil, gas,�minerals, and/or other energy sources.at-a.-
time during the tern hereof_ .•
-For and' in consideration of this lease, LESSEE hereby covenanter
and agrees with and_to LESSOR •that it will during the term of the
lease pay to. LESSOR at Austin, Texas, on the ninetieth day after
:the date hereof, or the next business day thereafter, if the sae__
falls on a Sunday or legal holiday, and every ninetieth day there-
after until the -termination of this agreement, thirty-three and one-
-third
ne--t ird per cent (33-1/3�•) of the gross -revenues derived by i.t:ss:.E frc
and paid to it by virtue of contracts or franchise agreements enter.
into by LESSEE to promote public recreation upon the ITareinbcro=c
described Coastal Public Land;::
It is further- unde::::.Looa and agreed :that twenty-five per, cent
(2,5 7.) of the _:aid gross revenues shall be placed in an interest -
drawing special account.by LESSEE, consistent ti•:ith•the laws of the
state, for the purpose of future appropriation by LESSEE for
.
planning, engineering and constructing public recreational
facilities upon the hereinbefore described -Coastal Public _Lands;
provided, that upon termination of the lease, arty 'funds remaining
in said special account, with accrued interest, will be remitted -•
to LESSOR; provided further, that plans, -drawings and description-
.
of any public_ recreational facilities funded out o; said special ._
•
account, shall be submitted to LESSOR for LESSOR'S approval before
construction begins_ Itis further understood and agreed that all -
books, records and ledgers'kept by. LESSEE relating to revenues
derived by virtue of contracts or franchise agreements entered
into_by LESSEE to promote public _recreation upon -the hereinbefore
described Coastal Public Lands; shall be made available to LESSOR
upon meguast_ -
It is further agreed and understood that LESSOi ' shall not be
liable to LESSEE, or to any other person whatsoever, for any injury;
-Joss or damage to any person or property in. or- upon the Coastal
Public Lands hereinbefore described_ LESSEE hereby consents and
agrees to assume all liability for or on account of any injury,_:-
loss or damage above described, -and to indemnify and forever hold
harmless LESSOR against 'each and every claim, demand or cause of -
action that may be ade against LESSOR by reason of
mor in -any way
- arising out•of any defect or imperfectibn-in any building,. pier,
wharf, sidewalk, nriva..iay, street, or -any other structure in or
upon the Coastal Public lands leased hereby_
EXECUTED in duplicate. originals this the 1, .;,_,i day of
(/Gf JLiJ , 1374.
_ATTEST= SCfOOL LAND BOARDOF THE
STATE OF TEXAS. -
•
Secret: ry of the Scnool Land ;3o-Tcl Bob *Armstrong, C:beirmart
•
1'1•.1 T. 'i�"-
• V2 •
fB./1. .1yr
�7 .? �/
1=C1 G.'Road
APPROVED:
A - Jar -•--.
James R --Riggs
_ity attorney
THE STATE OF TEXAS
COUNTY OF TRAVIS
Ey
CIT,( C CORPUS Cj:RXS
i
Ha•cvi.n ' i ownsend
City i•Sanager
f
12-2_88. ::.;a::;:: Ft,
•
•
BEFORE DE, the - undersigned authority, on this. day personall!
appeared' BOB-APESTRONG, Chairman of.the School Land Board of the
State of -re::a„ known to me to be the person and officer whos ei
name is subscribed _to the foregoing instrument, and ackn_owledged
to xne that he executed .the same as the act and deed - of said Schoc
Land Board of the State of Texas •for the purposes and considerat`
therein expressed and in' the capacity therein_ stated_ . -
GIVIW UD'nER I•TY HAND AND SEAL OF OFFICE, this the :7 ti: =; da
of :;197 Y
= /`\ -Notary Public inand for
c' TM, ;TRA IS COUNTY, TEXAS •
.......
i. .
•
THE STATE OF TEXAS-
.
CO • i TY Or VUECES sX
•
:L,
- BEFORE ME,- the undersigned authority, on. this da
cJ' - � Y personally
appeared F_•MARVIN TOi-,TISEND, City Manager of the City of -Corpus
Christi, -Texas, a municipal corporation, known to me to be the•.
person and officer 'those name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
as the act and deed of said City ot Corpus Christi for t.ha
purposes and consideration therein expressed and in the capacity
therein n to tea.-
GIVEN
d-_
CIVC I UNDER I-iY I1A1 D AND SEAL OF OFFICE, this the (=-L:4 day
of Cir }•-f;z , 1974.
Jai
Notary Public in anct for
NUECES COUNTS_-, TEXAS
- CERTIFICATE.
1, H. E. White, Secretary of the School Lard Board
of the State o_•Texas, do hereby certify that at a meeting
of the School Land Board.duly duly held on the
. , _lothuZy of
•
July , 1974, the foregoing instrument vas
presented to and approved by said Board under the provisions
of Article 5382c, CICS, all of which is set forth in the Minutes
of the Board of %Zilch i am custodian..
=IF TTIJSTIMOilY i i?E?.EOE', witness my hand this. the .25th •
-
day of . October. . , 1974.
•,1 t /
Sep:-etary17ot �hF SC::n.l Land Boarci
'4,
Corpus C risti, Tex
/3' day of
,1983 -
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
MAYOR
THE CITOF CORPUS CHRISTI, TEXAS
The above ordinance was passed .-
Luther Jones �,�
Betty N. Turner �_,
Jack K. Dumphy / .'
Bob Gulley // -
Herbert L. Hawkins, Jr. '._
Dr. Charles W. Kennedy dr.
Cliff Zarsky ,:_
the following vote:
17705