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Home My WebLink About17901 ORD - 10/26/1983• AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF TEXAS THROUGH THE COMMISSIONER OF THE TEXAS GENERAL LAND OFFICE FOR LEASE OF 3.5 ACRES AT CAYO DEL OSO, STATE TRACT C, IN SOUTH GUTH PARK FOR A PERIOD OF TEN YEARS EFFECTIVE AUGUST 16, 1983; AND DECLARING AN EMERGENCY. 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 with the State of Texas through the Commissioner of the Texas General Land Office for the lease of 3.5 acres at Cayo del Oso, State Tract C, in South Guth Park, for a filing fee of $5.00, and for a period of ten years effective August 16, 1983, all as more fully set forth in the lease agreement, a copy of which agreement 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 immediate need to execute the abovementioned lease agreement so that the State of Texas can construct public improvements at the earliest possible 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 shall take effect upon first reading as an emergency measure this the 26th day of October, 1983. ATTEST: K t cte r4 APPROVED: Z'"DAY OF OCTOBER, 1983 //3)//4,„ G3 Bruce Aycock, Cy Attorney MAYOR CITY F CORPUS CHRISTI, THE ISTI, TEXAS MXINEILMED SEP 281984 STATE OF TEXAS c/fp ,vitro, a;rtxas LEASE ON COASTAL PUBLIC LANDS LEASE tX). 83-001 COUNTY OF NUECES j SNOW ALL MEN BY THESE PRESENTS: (1) By virtue of the authority granted by Section 33.105 et. seq. Natural Resources Code of Texas, the STATE OF TEXAS, hereinafter called LESSOR, hereby grants to the City of Corpus Christi, whose address is P.O. Box 9277, Corpus Christi, Texas 78469, hereinafter called LESSEE, a lease for the following described purposes, to wit: a 640' x 6' public pier with two 20' x 20' observation platforms and two 10' x 10' seating platforms occupying 440 square feet of state-owned marshland as described by location map and plan in Exhibits A & B attached hereto and incorporated herein for all purposes, located on Coastal Public Land in Nueces County, Texas described as follows: Cayo Del Oso, State Tract C, adjacent to the unnumbered lot lying NE of Lot 8 and SE of Lot 5, Fractional Section 17, Flour Bluff & Encinal Farm and Garden Tracts, City of Corpus Christi. (2) This lease is for a total period of 10 years beginning on the 16th day of August, 1983, unless the same be renewed, extended, cancelled, or changed by the proper official of the State of Texas as authorized by law. The rights herein may not be assigned. (3) Lessee agrees to keep the Commissioner of the Texas General Land Office informed of a current address at all times. (4) As consideration for the granting of this lease, Lessee agrees to pay the Commissioner of the Texas General Land Office, at Austin, Texas the sum of Five and no/100 Dollars ($5.00) as the filing fee and no other payment shall be required. (5) In the event that Lessee is in breach of any condition set forth herein, the Commissioner of the Texas General Land Office shall have the right, at his option, to forfeit this agreement and all right(s) inuring to the Lessee herein, by sending written notice of such forfeiture by United States Mail to the last known address of Lessee. Upon sending of such written notice this agreement shall terminate and all rights granted herein to Lessee shall revert to the State of Texas (subject to reinstatement by the Board, at its option) and such forfeiture and termination shall not prejudice the rights of the State of Texas for any claim of payments due. (6) It is agreed that when any structure is placed within the area leased herein, the location of the structure shall thereby become fixed and the location of said lease shall not be changed except by agreement with the Commissioner of the Texas General Land Office and any other Governmental Agency with jurisdiction over same. (7) Lessee shall use the highest degree of care ,and all proper safeguards to'prevent pollution of air and water in and around the above described area. In the event of pollution, Lessee shall use all means at its disposal to recapture all pollutants which have escaped and shall be responsible for all damage to public and private property. (8) Upon termination of this lease, Lessee shall within one hundred twenty (120) days from said termination remove all of Lessee's personal property and all structures and man-made improvements authorized in said agreement, provided all money due hereunder has been paid. Lessee shall take whatever measures as are necessary to restore the area involved as nearly as practicable to the same condition that existed before Lessee entered thereon, except as otherwise approved in writing by the Commissioner of the Texas General Land Office. (9) Lessee shall hold Lessor harmless for any liability or damages arising out of the use of the lease herein granted. ENTERED INTO THIS day of , 19 , effective as of the 16th day of August, 1983. BY Garry Mauro Commissioner of the Texas General Land Office LESSOR By Its LESSEE THE STATE OF TEXAS I COUNTY OF TRAVIS This instrument was acknowledged before me on , 19 , by Garry Mauro, Commissioner of the Texas General Land Office. THE STATE OF TEXAS I COUNTY OF Print Name Notary Public in and for the State of Texas My commission expires This instrument was acknowledged before me on , 19 , by Print Name/Notary Public My commission expires .e/orer5 ark. • :4•••-.--;•-•',---v PLAN ara,4-)X.7A 4,4 \ • - • - /7,•• \ cInd ea^ • Exhibit •rte A N...A:a..., v.:6 • cnc,-.•rol...2, ).. • ezem /At, ,r-1,-,43,9 , • , — DETAILS • /4" EXHIBIT A ei rT t. g‘iDei .i ; R7u J -•O- i 'JMa Pzt; I -A. sp i.� I6" �'rs • • fairrse C;ou •; • / �� University Heigh s p {\� \� e 11 O � — 4 Project / f I • t' .It'F;It�1T Ilsei'1'� ' X:: Y. Pr ` I / and Island Sys IInn17r"wh S'4 ' rr • oll }'-o tlonnlrr cilu4 • • • 1r ol,er Park O . or' " cular 52E t. inn tws .j 1 1 1 lore v {us • I •I Corpusoo��Christi, Texas A4414— day of O , 198 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 CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed y the following vote: Luther Jones Betty N. Turner 0' David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 17901