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HomeMy WebLinkAbout17953 ORD - 12/01/1983AN ORDINANCE APPROVING ASSIGNMENT OF RAINBOW BAIT STAND TO BOB HEIM, SAID BAIT STAND BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, CONCERNING TRACT 12 OF THE COASTAL PUBLIC LANDS, ALL AS MORE FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT. WHEREAS, the City Council by Ordinance No. 16516, passed and approved on September 9, 1981, authorized execution of a bait stand lease with Mr. and Mrs. Thomas W. Wait dba Rainbow 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, Mr. and Mrs. Thomas W. Wait desire 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 Raimbow Bait Stand on Tract 12 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 16516, passed and approved on September 9, 1981, said bait stand to be assigned by Mr. and Mrs. Thomas W. Wait to Mr. Bob Heim, 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. 17953 SEP 2 81984 MICROFILMED ASSIGNMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City Council by Ordinance No. 16516, passed and approved on September 9, 1981, authorized execution of a bait stand lease with Mr. and Mrs. Thomas W. Wait dba Rainbow 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 the lease; and WHEREAS, the Operator desires to assign the lease granted by Ordinance No. 16516, and the City is agreeable to the said assign- ment: 1. This assignment of lease shall cover the following described tract or parcel: TRACT NO. 12 A tract 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: BEGINNING at a point 525' Southwest of center line of the Padre Island Causeway Right -of -Way and 200' Southeast of center line of Intracoastal Waterway. This point being the most Northerly corner of this tract; THENCE S. 64 03' E. a distance of 300' to a point. This point'being the most Easterly corner of said tract; THENCE, S. 25 57' W. a distance of 275' to a point. This point being the most Southerly corner of said tract; THENCE, N. 64 03' W. a distance of 300' to a point. This point being the most Westerly corner of said tract; THENCE, N. 25 57' E. a distance of 275' to a point. This point being the most Northerly corner of said tract and also point of beginning. CONTAINING 1.89 acres of land and/or water, more or less. 2. Lessee, Mr. and Mrs. Thomas W. Wait, proposes to sell the building, improvements, equipment and business situated on the aforesaid Tract No. 12 to Bob Heim, Assignee, to become effective on or about , 1983. 3. Assignee agrees to be bound to the terms of the lease between City and Lessee Mr. and Mrs. Wait, dated September 9, 1981, a copy of which lease is attached hereto as Exhibit "A". This agreement shall be subject to the terms of the aforesaid lease, shall be for the unexpired portion of the lease, which expires on September 1, 1996, provided that Operator constructs the following improvements at an estimated cost of $40,000 prior to September 1, 1986, otherwise said lease shall expire September 1, 1986: a. Refurbish existing building. b. Install fuel tanks and pumps. c. Install lights and electrical wiring. d. Refurbish existing seawall. EXECUTED this the day of November, 1983. ATTEST: CITY OF CORPUS CHRISTI BY: City Secretary Edward A. Martin City Manager APPROVED: ASSIGNOR DAY OF NOVEMBER, 1983: J. BRUCE AYCOCK, CITY ATTORNEY BY: Assistant City Attorney /�i Bi11 Hennings Assistant City Manag ASSIGNEE BY: Bob Heim THE STATE OF TEXAS COUNTY OF NUECES x x AGREEMENT KNOW ALL NEN 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 Mr_ and Mrs. Thomas 9. Wait dba Rainbow 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 Operator a non- ' exclusive franchise for the purpose of building and operating a bait stand busi- ness and providing related services to further public recreation in the Coastal Public lands described as follows: TRACT N0. 12 BEGINNING at a point 525' Southwest of center line of the Padre Island Causeway Right -of -Way and 200' Southeast of center line of Intracoastal Waterway. This point being the most Northerly corner of this tract; THENCE S. 64° 03' E. a distance of 300' to a point. This point being the most -Easterly corner of said tract; THENCE S. 25° 57' W. a distance of 275' to a point. .This point being the most Southerly corner of said tract; THENCE N. 64° 03' W. a distance of 300' to a point. This point being the most Westerly corner of said tract; THENCE N. 25° 57' E. a distance of 275' to a point. This point being the most Northerly corner of said tract and also point of beginning.. CONTAINING 1.8.9 acres of land and/or water, more or less. 2. This Agreement is subject to all provisions of Coastal Public Lands Lease No. CL -80-009, authorized and approved by Ordinance No. 15826 passed on October 22, 1980, by the City Council of the City of Corpus Christi, Texas. 3. The term of this Agreement shall be for a term of fifteen years begin- ning on September 1, 1981, and ending at 11:59 p.m;; on September 1, 1996, provided' that Operator constructs the following improvementa at an estimated cost of ' $40,000 during the first five years of this Agreement: a. 'Refurbish existing building. b. Install fuel tanks and pumps. c. Install lights and electrical wiring. d. Refurbish existing seawall. Page 1 of 5 • ,i • ;l •• If Operator fails to construct said improvements during the first five years of this Agreement, this Agreement shall terminate. Upon completion of its construction of said improvements, 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 automatically shall be continued for the remainder of such fifteen year term. - 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 pre- mises and 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 City at Corpus Christi, Texas, the amount of One Hundred and no/100 ($100.00) Dollars per month during calendar year 1981, —and:thereafter the amount of Two Hundred and no/100 ($200.00) 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 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 monthly payments on any such occasion exceed twenty-five percent (257.) 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. 4 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 tnay 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 such specific project. Page 2 of 5 9. Operator agrees to procure City of Corpus Christi sanitary sewer service when said service becomes available to the premises, and to connect all toilet drains and other sewage lines within ninety days after service becomes available. 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 adjaceu:. 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 pre- vent 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 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 merchan- dise or service, which shall not be in excess of those charged under similar condi- tions 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 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 Page 3 of 5 • c 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 other- wise, 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 ex- piration 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 institu- tional lender upon the improvements and/or personal property which are being added to the premises by the Operator to the extent that such lender may require first - lien security. Operator agrees to notify City of 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 Cr upon the Coastal Public Lands hereinabove described. Operator hereby agrees to assume all liability for or 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 com- panies 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, Opera- tor'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. Page 4 of 5 rc Executed in duplicate this ' day of , 1981. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary R. Marvin Townsend, CityManager APPROVED: OF 1981 ,L..B Assistant City Manager? OPERATOR By: • TholOs W. Wait By: /". oq14-ait . . Page .5 of 5 • That the foregoing ordinance was read for t second reading on this the a / 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 was read f 4( s con time a passed to its third reading on this the day o , 19 od/ , by the following vote: first time 44 passed to its easy 19 d' , by the Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoi g ordinance 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 PASSED AND APPROVED, this the 9 day ATTEST: oy the thjO time and passed finally , 19d1 , by the following vote: Ci tySecretary APPROVE • AY OF , 19S-rf: J. BRUCE 'YCOCK, C;f ATTORNEY fltisiSt l't• City Att ney 9// t4 AYOR i HE CITY OF CORPUS CHRISTI, TEXAS •That the foregoing ordinance was read for the first time and passed to' its second reading on' this' the 1.OA, day of l�'�'ite�—p 19 , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance was read for the second time third reading on this the 073 day of Ti-tr/.a7mP,,yr following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero and passed to its , 19 pa , by the Herbert L. Hawkins, Jr_ Dr. Charles. W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the folAgling ordina was re d for the hird time and passed finally on this the day of ,/ �� , 19/0- , by the followin. vote: Herbert L. Hawkins, Jr. 40', , „ Dr. Charles W. Kennedy Joe McComb Frank Mendez L Mary Pat Slavik Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, this the /07 day of ATTEST: ity ecretary MAYOR P VED: /�,�(- DAY OF / Y ' , 1915: J. BRUCE AYCOCK, Y ATTI'NEY By ,.1940. 71.; THE CITOF CORPUS CHRISTI, TEXAS 17953 F, _,Nrkatao SX'tilitgAVE6ArN " A iAV4tt 7HE NN: t tifAi. cANAL. toNCN4RNIN9 ACT 12 ia,P; eH E ANbitiA§T L. PUB: W08 i.dQi 0,14 of dig ui CHrI5. j'641V6rt,1 Tfitle8916611. 16111 el 6612 erdlftlote Is 6118116616 16 the publIn fh* Meg 61 the -City /NM, MO, it/ BIll Reed city silefellfy, ettgoStirljt1,1exak urJi MTh g, PUBLISHER'S AFFIDAVIT STATE OF TEXAS, t„: County of Nueces. J AD#47117 City of C.C. /7/7'513 Before me, the undersigned, a Notary Public, this day personally came. ......... r ... •i GRACIE DE LUNA who being first duly sworn, according to law, says that he is the Mil AST......S.E.CRE3&RY of the Corpus Christi Caller and The Corpus Christi Timev, 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 on the 28thday of CALLER -TIMES PUBL. CO. November .19...83 and once each. consecutive day ..... One _...........Times. 26.73 GRACIE DE LUNA Adm. Asst. Sec. d�Y thereafter for...._.. C" Subscribed and sworn to before me this 30th day of Novemb , 19 83 Notary Public, ueces County, Texas EDNA KOSTE PAMAcE Of - .! ORDINANCE ON FIRST READING IheUTIIOM ZOo A NLEA I +INNNGRYomINT [N Lf 216 K•,AND P •TIA A0 hid, NNR IIAbGINO� �6�JY� A!� aAG�ANN NbHHB� I N 1, atl �SIYITUNAt iAL TE p 1 t: -N,AeMIN� R P h��UyA Cf NegNNINO NO CA -RAC? b b MN CdAi AL- NU L C L-ANOIL r Ns hosted /h Wed P adih by the_111, G unh ti t�e it a ear1Iui hrli i e>tai n the 77r11 day 6 !rytbyerflher, iii, The rul Mt fd fall ardlflah6e a' edillebla id the daft IR he Orngp at the City $semi erv, ,onus GiN�eit0, A PUBLISHER'S AFFIDAVIT := STATE OF TEXAS, 1ss: County of Nueces. J `r,rn`)3 AD#46980 City of 'C. C. Before me, the undersigned, a Notary Public, this day personally came. _GRACIE DE LUNA • ADM. ASST. SECRETARY of the Corpus Christi Caller and The Corpus Christi Times, 3.. , who being first duly sworn, according to law, says that he is the '4 Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE... pf which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING CO. on the 2 8thday of November _.._.1983_, and once each. day consecutive One- -• 27.72 day Times. GRACIE DE LUNA Adm. Asst. Sec. thereafter for...._.. one_.,_, Subscribed and sworn to before me this........ 30th day of lIQv.embe 19 8.3. otary Publi es County, Texas EDNA KOSTER