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Home My WebLink About18367 ORD - 07/31/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE FROM THE SCHOOL LAND BOARD FOR CERTAIN STATE OWNED LANDS INCLUDING THE RESTORED CORPUS CHRISTI BEACH FOR A PERIOD OF 50 YEARS FOR WHICH PAYMENT WAS MADE BY THE CITY IN 1976; 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 a lease from the School Land Board for certain State owned lands including the restored Corpus Christi Beach for a period of 50 years for which payment was made by the City in 1976, a substantial copy of which lease 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 need to take immediate action to preserve and protect public property by expediting the lease of the abovementioned land, 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 31st day of July, 1984. ATTEST: Ci Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 3 DAY OF JULY, 1984 J BRUCE AY ()CDAY ATTORNEY By Assi tant City Attorney MELENE R. DODSON ASSISTANT CITY ATTORNEY MICROFILMED StcP 28 4 .:FETE o •.. ,�USfiR, Zrxxr /EASE, ON COASTAL PUBLIC LANDS LEASE NO. CL 84-004 STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENIS: =MY OF NUECES 1 (1) By virtue of the authority granted by V.T.C.A, Natural Resources Code, Chapter 33, Texas Administrative Code 31 T.A.C. Chapter 155, and subject to all rules and regulations promulgated by the Commissioner of the Texas General Land Office and/or the School Land Board pursuant thereto and all other applicable statutes and amendments to said Natural Resources Cale, the SPATE OF TEXAS, hereinafter called LESSOR, hereby grants to City of Corpus Christi whose address is P. O. Box 9277, Corpus Christi, Texas 78469 hereinafter called LESSEE, its successors or assigns, a lease for public recreational purposes and attendant parking as described by the location plan in Exhibits A & B attached hereto and incorporated herein for all purposes, located on Coastal Public Land in Nueces County, Texas. (2) This lease is for a total period of 50 years beginning on the 17th day of July, 1984, unless the same be renewed, extended, cancelled, or changed by the proper official of the State of Texas as authorized by law. (3) Lessee agrees to keep the Commissioner of the Texas General Land Office informed of 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 Twenty Three Thousand Two Hundred Twelve and 90/100 Dollars ($23,212.90). Entire amount is credited and paid in full. However, LESSOR shall receive from LESSEE 25% of gross receipts derived BY LESSEE from concessionaires and/or arty other activity which produces revenue. (5) In the event that Lessee is in breach of any condition set forth herein, including the special conditions set forth in paragraph 10, 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). (6) Lessee shall not assign or sublease the rights granted in this lease either in whole or in part to any third party for any purpose without the prior written approval of the Lessor. (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 his 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 to 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. (10) Special Conditions: * Lessee will utilize the area covered herein solely for the purposes of constructing, maintaining and utilizing such area for a recreational facility with attendant parking. * Lessee shall submit to Lessor any plans fo[ ' placement of any structures or permanent improvements within 300 feet of privately owned - littoral property and receive prior written approval before any such improvements are placed on property subject to this lease. * Members of the public may not be excluded from the property covered by this lease. * I£ litigation from any source arises from the issuance of this lease by Lessor for any reason, Lessee agrees to immediately notify Lessor in writing. * With the written approval of Lessor, Lessee may enter into contracts and franchise agreements to promote public recreation * No contract or franchise agreement may authorize any commercial activity within 300 feet of privately owned littoral property without the written consent of the littoral owner of the property. (11) If, after this lease is signed and becomes effective, a court of competent jurisdiction determines through final judgement that the State of Texas does not have legal title to any portion of the land subject to this lease, then this decision by the court will not affect the legality of the lease of the remainder of the property and the lease will remain in full force and effect on the remainder of the property. The consideration as agreed upon will not be affected unless the tract the State does not have legal title to exceeds five acres. If the affected acreage exceeds five acres, the consideration will be renegotiated by the lessor and lessee. ENTERED INTO THIS _ day of , 1984, effective as of the day of July, 1984. By: Garry Mauro Commissioner of the Texas General Land Office LESSOR By: Title: LESSEE THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on , 19_, by Garry Mauro, Commissioner of the Texas General Lard Office. THE STATE OF TEXAS OJUNTY OF Print Name Notary Public in and for the State of Texas My commission expires This instrument was acknowledged before me on , 19 , by Notary Public's Signature Print Nane/Notary Public My commission expires AT MENP A BEGINNING at the northwest corner of the intersection of Woodrow Avenue and North Shoreline Boulevard, such point also being the southeast corner of Lot 1, Block 387, Brooklyn Addition and such place being the point of beginning; THENCE, in a northerly direction along the west right-of-way line of North Shoreline Boulevard for a distance of 300 feet to a point, such point being the most northwest corner of this tract; THENCE, in an easterly direction perpendicular to the west right-of-way line of North Shoreline Boulevard for a distance of 700 feet to a point for corner; THENCE, in a southerly direction parallel with and 700 feet east of the west right-of-way line of North Shoreline Boulevard for a distance of 7,753 feet to a point for corner, such point also being on the north breakwater barriers; THENCE, in a westerly direction along the north breakwater to a point, such point being 200 feet east of the west right-of-way line of North Shoreline Boulevard to a point for corner; THENCE, a northerly direction parallel with and 200 feet east of the west right-of-way line of North Shoreline Boulevard for a distance of 259 feet to a point for corner; THENCE, in a westerly direction and perpendicular to the west right-of- way line of North Shoreline Boulevard to a point on the west right-of- wy line of North Shoreline Boulevard to a point for corner; THENCE, in a northerly direction along the west right-of-way line of North Shoreline Boulevard for a distance of 7,092 feet to the place of beginning, containing 121+ acres, save and except those land parcels owned by the City of Corpus,Christi. N .; +_-PL:._JC_'� ;3: .]"- cy,„,,, y , `11 0il� x[111 -21R l7 123. A= ± irri Hi • 11 1 t-'/nnrM— Corpus Christi, Texas day of , 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, MAYOR Council Members THE CI /OF CORPUS CHRISTI, TEXAS The above ordinance was passed ky the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 16367