HomeMy WebLinkAbout19004 ORD - 09/10/1985AN ORDINANCE
CONSENTING TO -THE ASSIGNMENT OF THE NUECES BAY BAITSTAND
LEASE FROM CHARLES M. HARRIS TO KENNETH SCHENA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Council hereby consents to the assignment of
the Nueces Bay Bait Stand Lease from Charles M. Harris to Kenneth Schena, a
substantial copy of which assignment is attached hereto and made a part thereof,
marked Exhibit "A".
04P.048.01
19004 MICROFILMED
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ASSIGNMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, the City Council by Ordinance No. 16097 passed and
approved on March 11, 1981, authorized execution of a bait stand
lease with Charles M. Harris, dba Nueces Bay Bait Stand situated
on the Nueces Bay 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, Charles M. Harris desires to assign the lease
granted on Nueces Bay Causeway of the Coastal Public Lands by
Ordinance 15827 passed on October 22, 1980 and to all provisions
of Texas Department of Highways and Public Transportation
Multiple Use Agreement of October 6, 1977, authorized and
approved by Ordinance No. 13968 passed on October 5, 1977.
1. This assignment of lease shall cover the following
described parcel or tract:
BEING a portion of Nueces Bay and a portion of
Block 415, Brooklyn Addition, as shown by map
of record in Volume A, Page 32, May Records,
Nueces County, Texas, and more particularly
described by metes and bounds as follows:
BEGINNING at a point in the centerline of State
Highway No. 181 right-of-way, said point being
Engineers Station 995 + 01.33 and being the south
end of the concrete deck of the Nueces Bay
Causeway;
THENCE N. 50° 23' E. along the centerline of
said right-of-way a distance of 236.83 feet
to a point which is Engineers Station 992 + 64.5;
THENCE N. 39° 37' W. a distance of 146.08 feet
to a point for the Southeast and beginning
corner of the tract of land herein described;
THENCE N. 58° 01' 25" W., a distance of 100.0
feet to a point;
THENCE N. 31° 58' 35" E., passing the normal
ems'"A
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shoreline of Nuecs Bey ai. 70.53 feet, in all
a distance of 175.0 feet to a point on the
bottom of said Nueces Bey;
THENCE S. 58° 01' 25" E., along the bottom of
said Nueces Bay, a distance of 100.0 feet to
a point;
THENCE S. 31° 58' 35" W., along the bottom of
said Nueces Bay, passing the normal shoreline
of said bay at 111.20 feet, in all a distance
of 175.0 feet to the place of beginning and
containing 17,500 square feet or 0.401 acres,
more or less.
2. Assignee, Kenneth Schena, agrees to be bound to the terms
of the lease between the City and Charles M. Harris, dated March
11, 1981, a copy of which lease is attached hereto and made a
part hereof as Exhibit "A".
3. Assignor, Charles M. Harris, is carrying a note on behalf
of the Nueces Bay Bait Stand, and the City agrees that in case of
default of payment of this note, Assignor will have right of
re-entry to this business, upon payment to the City of all
outstanding indebtedness.
Executed in duplicate this day of
1985.
APPROVED , 1985
BY:
CITY OF CORPUS CHIRSTI
BY:
Assistant City Manager
ASSIGNEE:
Assistant City Attorney BY:
BY:
Kenneth Schena
Charles M. Harris
TM STATE OF TEXAS 1
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COUNTY OP NUECES 1
AGREEMENT
KNOT ALL NEN 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. pur-
suant to a Resolution authorizing this Agreement, and Charles C. Harris
hereinafter referred to as Operator. and for such.
WITRF5SET8:
1. That in consideration of the covenants herein contained on the part of
Operator to be kept and performed, City does hereby grant to Charles M.
Banns • a nonexclusive franchise for the pnrpose of building and .
operating a bait stand business to further public recreation in the Coaste
Puhlic Lands dee_,,.-.5bed an Exhibit 'A' attathud.hereto and made a part of
this Agreement.
2. This Agreement is subject to all provisions of Coastal Public Lands
Lease C6r80-010. authorized and approved by n-dlnanoe no. 15827 passed an
October 22. 1980. and to all provisions of Term Department ef Highways end
Public Transportation Multiple Use Agreement o October 6, 7977, authorized
and approved by ordinance no- 13968 passed on October 5. 1977-
3- The tens of, this Agreement shall be for a period beglmaing =April 1,
1951 end ending on September 1. 2000 .
4. The City may terminate this Agreement by giving notice to the Operator
of its intent to do so at -least one year in bdvanm 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 matually agreeing may terminate this Agreement at any time_
5. For and in consideration of this Agreement, Operator hereby covenants
and agrees with and to City that it will pay to City of Corpus Christi, Texas
the amount of 5100 per moatb for the first twelve months of the term of this
Agreement; and thereafter either $20D per month or 59 of gross sales and re-
ceipts for the month, whichever is greater. Payments shall be male by Operator
for each calendar month and said monthly payments shall be due on the 20th day
of the following month. Operator agrees to submit a report to City accompanying
the monthly payments of the gross sales and. receipts for the preceding month.
If Operator shall knowingly furnish any incorrect statement of gross sales and
receipts, this will constitute default on the part of Operator entitling City
at its option to declare this Agreement terminated. Any such report which
shall understate the gross sales and receipts for any month by as much as 108
of the true amount thereof shallbe conclusively deemed to have been knowingly
and falsely furnished by Operator, and City in order to exercise its option of
termination shall only be required to establish such falsity and shall not be
required to establish actual knowledge on the part of Operator of such falsity_
Operator agrees to submit to the City true and accurate copies of Texas sales
tax reports and Federal income tax reports 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 hereunder may be renegotiated at
the option of either party at the end of calendar year 1983, and again at the
end of each succeeding two year period; and further that if mutual agreement is
not reached on such occasions, then City may onilaterai y increase the amount
required to be paid, but in no event will any single increase exceed 259 of
the payment rate in effect immediately preceding such occasions. The increase
may be in either the flat monthly rate or the percent of gross sales and receipts,
or both, at the discretion of City.
6. 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 understood that temporary renting of boat stalls, moosngs, nr
yardage constitutes the normal course of business of Operator, and does not con-
stitute subcontract or assignment of the premises. .
7. Operator shall construct and repair all improvements and install all
equipment in compliance.with the City of Corpus Christi building code and all
other applicable laws and ordinances, and also with the following additional
standards for constructions
a. 'Accessory off-street parking spaces shall be well defined with header
curbs or'other physical improvements.
b. No outside storage of materials shall be permitted except bait boxes for
live shrimp and bait.
c. Restrooms shall be located at the west end of the building with exterior
access. A sign shall be installed flat against, or painted on, the west
wall stating 'Public Restrooms' in six inch letters. All identification
signs shall be installed on restroom doors. Restreoms shall be properly
maintained and open to the public at no charge at all times. Building
drains shall be connected to the City of Corpus Christi sanitary sewer
system within 90 days if and when such sewer service becomes-available to
the site; in the interim, an approved sewage disposal system shall be used.
d. One advertising sign may be installed flat against, or painted on the south
wall of the building. One sign listing hours of operation and emergency
information shall be posted at the main entrance. One sign providing
information to boaters may be installed on the pier; such sign shall
not exceed sixteen square feet in area and shall be installed flat against
the pier or railing. No signs other than the foregoing shall be permitted
outside of the building.. Permitted signs shall not have any moving or
electrical parts.
e. Exterior lighting shall be restricted so that no lights shall be cast in -
an upward direction and no lights shall be cast on any land or water more
than 100 feet-from the lease area.
f. No sewage, debris, junk, trash,-or litter shall be deposited or allowed to
accumulate on the.land or in the waters within or immediately adjacent to
the premises.
g.. Exterior material requiring painting shall be painted annually, unless
Operator obtains written waiver of this requirement from City.
S.: Operator agrees to provide its services to the public and to be open for
business according to reasonable business hams consistent with the business
hours of other operators in the immediate area, current business demand and
good practice. Operator further agrees to operate seven days per week, 24 hoots
.per day if necessary to reasonably satisfy consumer demand.
. 9. It is expressly understood thdt City shall have the right to enter the
premises at reasonable bourn to inspect facilities and otherwise determine
Operator's compliance with the Agreement.
10. Operator agrees to post in a conspicuous place at each location where
merchandise is sold, or fees are to be charged, the price or cast or such mer-
chandise or service, which shall not he in excess of those charged under
similar conditions elsewhere within the City of Corpus Christi.
11. All improvements on the premises shall be the security for prompt payment
of accrued 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 City, this Agreement rhntt terminate,
provided however, that the City shalt have given written notice to the Operator •
of the default claimed and Operator has not cured such default within thirty
(307 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"0E all unpaid, accrued payments due, but not otherwise, unless Operator,
within 120 days from the date of re-entry by the City shall pay all unpaid and
accrued 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 aspiration of this Agreement
by lapse of time.
12. 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 Peblie 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 to indemnify and forever
hold harmless City against each and everyclaim, 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 Pcblic Lands hereinbefore described.
Operator agrees in this connection to carry public liability insurance in the
minimum sum of $300,000 for personal injury and 550,000 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.
13. 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 re-
storation timely and prosecutes such restoration with reasonable diligence, and
provided farther that in'no event shall lease payments abate for a period after
each disaster aforesaid of longer than 180 days.
EXECUTED this the ZL day of •''fro.. G , 1981.
ATTEST:
CCTV OF CORPUS WRIST'
APPROVED: / AZ :77—
Dept. Head)
&/e. /i2AUTUURILb
BY COUNCIL .� - ii -S'
As y_
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NUEcES BAY BAIT STAND LEASE AREA
Being a portion of Nueces Bay and a portion of Block 415,
Brooklyn Addition, as shown by map of record in Volume A,
Page 32, Nap Records, Nueces County, Texas, and more par-
ticularly described by metes and bounds as follows:
BEGINNING at a point in the centerline of State Highway
No. 181 right-of-way, said point, being Engineers Station
995 + 01.33 and being the South end of the concrete deck
of the Nueces Bay Causeway:
THENCE N. 500 23• E. along the centerline 02 said right-of-
way a distance of 236.83 feet to a point which is Engineers
Station 992 + 64.5;
THENCE N. 390 37' W. a distance of 146.08 feet to a point
for the Southeast and begi+ing corner of the tract of
land herein described; • .
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THENCE N. 580 01. 25" If. a distance of 100.0 feet to - a
point: .
THENCE N. 31° 58' 35' E., passing the normal shoreline of
Nueces Bay at 70.53 feet, in all a'distarce of 175.0 feet
to a point on the bottom of said Nueces Bay;
THENCE S. 58° 01' 25' E., along the bottom of said Nueces
Bay, a distance of 100.0 feet to a point;
THENCE'S. 310 58' 35' N., along the bottom of said Nueces
Hay, passing the normal shoreline of said bay at 111.20 feet,
in all a distance of 175.0 feet to the place of beginning
and containing 17,500 square feet or 0.401 acres, more or
less.
E70IIBIT 'A'
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That the foregoing ordinance was read for �7- first time and gassed to its
second reading on this the ,2 7day of _. , 191Wr , by the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordinanc wa read for t con time and p sjsjed to its
third reading on this the 31 s day of �� , 19 gs , by the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the forego g ordinan s rad for the th'rd time and passed finally
on this the /00, -day of , 19(J, by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
aft—
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the /O'ay of , 19
ATT. T:
City Secretary
APPR VED:
26 DAY OF ,4 �F , 19 SS:
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
19004