HomeMy WebLinkAbout17722 ORD - 07/20/1983AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
MODIFYING THE TERMS OF A 15 -YEAR LEASE BETWEEN THE CITY,
THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, AND KAMPING
PLEASURES, INC., ON A 47 -ACRE TRACT ADJACENT TO LAKE
CORPUS CHRISTI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute an
agreement modifying the terms of a 15 -year lease executed in 1971 between the
City of Corpus Christi, the Lower Nueces River Water Supply District, and
Kamping Pleasures, Inc., on a 47 -acre tract adjacent to Lake Corpus Christi,
all as more fully set forth in the modified agreement, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit A.
17722
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MICROFILMED
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AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This Agreement made by and among the Lower Nueces River Water
Supply District (hereinafter referred to as "District"), the City of Corpus
Christi, Texas (hereinafter referred to as "City"), and Kamping Pleasures,
Inc. (hereinafter referred to as "Lessee");
WITNESSETH:
Whereas, a contract exists between Kamping Pleasures, Inc., and the
Lower Nueces River Water Supply District, approved by the City of Corpus
Christi, Texas, dated July 12, 1971; and
Whereas, the Lessee under the contract desires to obtain credit to
his rental payment under the Contract, for improvements made to the leased
premises; and
Whereas, the District and City desire to encourage the construction
of improvements to the leased premises; and
Whereas, payments due and owing under the terms of said contract
are now delinquent and it is the desire of Lessee to pay the past -due amount
over a one-year period.
NOW, THEREFORE, for and in consideration of the agreement by the
District and City to forbear the immediate collection of payments due under
the above referenced contract and to allow a payment schedule of one year for
all defaulted amounts, and the further consideration of the exchange of
covenants and conditions herein contained to be performed by the parties
hereto, it is agreed as follows:
I.
Lessee agrees to make payments as follows: 12 successive monthly
payments of $567.13, the first of which shall be due on July 1, 1983, and a
like payment due and payable on the same day of each successive month until
the total has been paid in full, in accordance with the terms of one
promissory note of even date herewith executed by Lessee payable to City.
II.
Lessee agrees to provide and keep current comprehensive general
liability insurance, with a contractual liability endorsement, and property
insurance in which both the District and City are named as additional
insureds, for the entire duration of the contract in the following amounts:
single limit coverage for liability for bodily injury or death to any one or
more persons per occurrence in the amount of $1,000,000; and coverage for
liability for property damage per occurrence in the amount of $100,000.
Lessee agrees to furnish to the City and the District and keep current
certificates of all such insurance policies issued by a reputable insurance
company or companies which shall be licensed to do business in Texas, with
the District and City as named additional insureds.
Lessee agrees to indemnify and forever save harmless the City and
the District, their officers, agents, and employees, from any and all
lawsuits, claims, demands, liabilities, losses and expenses, including court
costs and attorneys' fees, for or on account of any injury to any person, or
death at any time resulting from such injury, or any damage to property,
which may arise or which may be alleged to have arisen out of or in
connection with Lessee's use or occupation of the leased premises, or any
other of Lessee's activities under this contract, or any negligence of the
City or the District pertaining to the leased premises.
III.
Lessee shall and does assume the sole responsibility for the entire
cost and construction of any and all improvements that it shall require for
the proper operation and enjoyment of the leased premises subject to a credit
for improvements as described below.
The following physical additions or improvements, made to the
leased premises, shall not be in any manner disturbed, but shall be delivered
up with the premises to the City and the District in good condition, fair
wear and tear and damage by fire and the elements excepted:
1) The water system, including any well or wells serving the
system,
2) The sanitary system, including restroom and shower facilities,
3) The electrical distribution system,
4) Individual campsite developments,
5) The road network,
6) Selective clearing and landscaping.
Any other physical additions, or other improvements not listed
above when made to the leased premises by Lessee shall remain Lessee's
property and, Lessee not being in default hereunder, may be removed by
Lessee.
IV.
Lessee shall be allowed a credit of up to seventy-five percent
(75%) of the guaranteed monthly rental for sums expended for improvements to
the extent same are completed. It is expressly agreed and understood that
the said seventy-five percent (75%) credit shall apply only to those
improvements and installations placed at said premises which are returnable
to the City and the District as stated above, selective clearing and
landscaping to be credited at a cost not to exceed $100 per acre.
In order to claim a credit against the next quarter's rent, Lessee
shall submit to the City and District by the 15th of the month after close of
the quarter, paid receipts or other evidence of cost expended for
improvements to which this credit applies.
The credit for improvements shall be allowed for a term of five (5)
years. The credit shall have a retroactive commencement date, and be
applicable to payments for rentals starting September 1, 1982. The credit
shall not be applicable to payments made during the five (5) year period for
months prior to the commencement date of September 1, 1982.
V.
Lessee hereby gives to District and City a lien upon all its
property, now or at any time placed in or upon said premises, to secure the
prompt payment of the rent herein stipulated to be paid for the use of the
premises.
VI.
Should Lessee fail to keep and perform the above recited agreement,
the owner of said indebtedness at the time of default or at its option may
declare all the indebtedness then owing due and payable.
Executed this ,7) 5 day of
, 1983.
ATTEST: Lower Nuec s,RiveWater Supply District
//
ancy H. Aowen, Secretary
Attest: City of Corpus Christi
Approved: day of ,1983
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
By
Edward A. Martin, City Manager
Attest: Kamping Pleasures, Inc.
Robin M. Sargent, P esident
By
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ` V,Y,A,jl , 1983,
by Don Cox as President of the Board of the Lower Nuec's River Water Supply
District on behalf of said District.
•
• ('-7)k.P C'�nrvr
Notary Public, State of Texas
My.gommission expires: '-- . -F- R '-1-
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 1983,
by Edward A. Martin as City Manager of the City of Corpus Christi, a
municipal corporation, on behalf of said municipal corporation.
Notary Public, State of Texas
My commission expires:
STATE OF TEXAS §
COUNTY OF J%tctt/-d.' §
This instrument was acknowledged before me on , 1983,
by Robin M Sargent as President of Kamping Plea res, Incorporated, on behalf
of said corporation.
Notary Public, State of Texas
My commission expires: hl -//-7'
PROMISSORY NOTE
For value received, the undersigned promises to pay to the order of
the City of Corpus Christi at the Collection Section, 319 N. Mesquite, P.O.
Box 9277, Corpus Christi, Texas 78408, in Corpus Christi, Nueces County,
Texas, the sum of Six Thousand Eight hundred five and 59/100 Dollars
($6,805.59); in lawful money of the United States, said amount being in
addition to future regular monthly rental and gross receipts income required
under an existing contract.
This note shall be payable as follows:
In 12 successive monthly installments of $567.13, the first of
which shall be due on July 1, 1983, and a like payment due and payable on the
same day of each successive month until the total has been paid in full.
All past due principal shall bear interest at the rate of ten
percent (10%) per annum.
It is understood and agreed that failure to pay this note or any
installment hereon when due shall, at the election hereof, mature the entire
principal of this note.
This note is given in consideration for payment due and and owing
under the terms of a contract between the Lower Nueces River Water Supply
District and Kamping Pleasures, Inc. and the City of Corpus Christi, dated
July 12, 1971.
The District and City at their election may choose to pursue action
upon unpaid matured principal separately or may pursue payment or termination
of the contract under the default provisions of the contract.
In the event default is made in the prompt payment of this note
when due or declared due, and the same is placed in the hands of any attorney
for collection or if collected through Probate, Bankruptcy or other judicial
proceedings, then the makers agree and promise to pay ten percent (10%)
additional on the amount of principal and interest then owing, as attorney's
fees.
Each maker and endorser hereof expressly waives all notices,
demands for payment, presentations for payment, notices of intention to
accelerate the maturity, protest and notice of protest, as to this note and
as to each every and all installments hereof.
Executed this if qday of rlu
, 1983.
4,
Robin M. Sargent, Indict dual y and as
President of Kamping Pleasures, Inc.
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on i
1983, by Robin M. Sargent, individually, and as presi' ent of Kamping
Pleasures, Inc., a Texas Corporation.
Notary Public
State of Texas
My commission expires
That the foregoing ordinance p$,read for t
second reading on this the r) 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 foregoing ordinance a ead for
third reading on this the /.ay 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'ng.kdinance
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 ��5y��,
PASSED AND APPROVED, this the .;20`day of
f fi st time Arig passed to its
A.- , 19ZS5 , by the
grt„,/-
s-cond time d passed to its
ag, 19 253- , by the
-
1pr -ad for the ttAgd time and passed finally
, 9 , by the following vote:
/r/
45
, 19
ATTEST:
y Secretary
APj'RAVED:
DAY OF ,_ ,,,
(�Tti I��.' , 193:
J. BRUCE AYCOCKL CITY ATTORNEY
1332-641 X
s1stant City Lurney
MAYOR
THE C /^ OF CORPUS CHRISTI, TEXAS
17722
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CITY OF G.C.
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PUBLISHER'S AFFIDAVIT
011
STATE OF TEXAS,
County of Nueces.
}SS:
/ 2�
Before me, the undersigned, a Notary Public, this day personally came
RITA C. ROSALES , who being first duly sworn, according to law, says that he is` the
ACCOUNTING QUI 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 which the annexed is a true copy, was published in .....CORPUS..CRal.S-T-I--CAI,l, R TI•t4 ..••------
on the...i8th. day of .SULiG--- 19.43.., and once each DAY thereafter for...._QNE—•,,,�-
.• a
consecutive
ONE
DAY
Times. �%/,
$ 26.73 RITA C. ROSALES r/-"" tf
ACCOUNTING CLERK
Subscribed and sworn to before me this 11th day p1 OILY 19.8.3.----
'.0
r
Notary lic, Nueces County, Texas
EUGENE S. CORETEZ
ON SECa4, REAE DI•IJ~1�Y
ANAGER uTHORIETO EXECUTE
N AGREEMENT MODI•
PING T91) TERMS OF A
5-YEAR, LEASE BE-
WEEN THE CITY, THE
OWER NUECES RIVER
WATER SUPPLY DIS-
RICT, AND KAMPING
LEASURES, INC„ ON A,
47-ACRE TRACT AOJA•
CENT TO LAKE CORPUS
WCHRISTI
re Wain passed on second
of the City of CCity
pus Chris- I
411, Texas on the 13th dayChsof I
July, 1983, The full text oft
said ordinance is evadable
fo the publ-c In the Oftice 00 1he City Secretary,
-s-ElIf Real!
Corpus Christi, Texaij
8
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, tss:
County of Nueces. )
AD#59112
City of C.C.
Before me, the undersigned, a Notary Public, this day personally came
GRACIE DE LUNA „ who being first duly sworn, according to law, says that he is the
ADM. ASST. SECRETARY of the Corpus Christi Caller end 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 ON FIRST READING...
of which the annexed is a true copy, was published in
on thel lth day of
consecutive
One
CALLER -TIMES PUBLISH_ING
July ...._.19...$.3, and once each _day_ thereafter for...._nne..._..__..
day
Times.
26.73
GRACIE DE LUNA
• ter dle_ Au/n&..
ADM. ASST. SECRETARY
Subscribed and sworn to before me this... 13th.....day of July 19...8.3..
EUGENIA S. CORTEZ _.
Notary ry
P c, 1Vueces County, Tex
t)
i{n t Corpus Chrrsh: TeEa$
O
GE
SORINANCEON
FIRSTREADING
AUTHORIZING THE CITY
MANAGER EXECUTETO
AN AGREEMENT
MODI-
FYING
15-YE THE TERMS A
EAE B A
E.
TWEENRRHE ECITY, THE
LOWER NUECES RIVER
WATER SUPPLY DIS•
TRICT, AND CAMPING
PLEASURES, INC. ON A
47 -ACRE TRACT ADJA•
CENT TO LAKE CORPUS
CHRISTI
Was passed on first read-
ing by the City Council o)
the City of Corpus Christi,
Texas on the 6th day of
July, 1983. The full text of
said ordinance is available
to the public in the Office of
the City Secretary.
s0B,II Read
City Secretary
Corpus Christi, Texas