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HomeMy WebLinkAbout19260 ORD - 04/08/1986TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AGREEMENTS DESCRIBING THE CONDITIONS UNDER WHICH THE CITY OF MATHIS IS AUTHORIZED TO USE A PART OF THE OLD DAM STRUCTURE WITHIN THE LEASED AREA FOR CONSTRUCTING, OPERATING, AND MAINTAINING A WATER SUPPLY PUMP STATION, AND MODIFYING THE TERMS OF A 15 -YEAR LEASE BETWEEN THE CITY, THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AND MR". ROBERT ROTH DBA SUNRISE BEACH ON A 45 -ACRE TRACT, MORE OR LESS, ADJACENT TO LAKE CORPUS CHRISTI. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI;' SECTION 1. That the City Manager is hereby authorized to execute agreements describing the conditions under which the City of Mathis is authorized to use a part of the old dam structure within the leased area for constructing, operating, and maintaining a water supply pump station, and modifying the terms of a 15 -year lease between the City, the Lower Nueces River Water Supply District and Mr. Robert Roth dba Sunrise Beach on a 45 -acre tract, more or less, adjacent to Lake Corpus Christi, all as more fully set forth in the agreements, substantial copies of which are attached hereto and made a part hereof, marked Exhibits "A" and "B." 05P.098.01� iszso MICROFILMED ADDENDUM TO CONTRACT DATED July 14, 1972 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 Robert A. Roth, individually and dba Sunrise Beach (hereinafter referred to as "Lessee"); WITNESSETH: Whereas, a contract exists between Robert A. Roth, and the Lower. Nueces River Water Supply District, approved by the City of Corpus Christi, Texas, dated July 19, 1972; 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: NOW, THEREFORE, for and in consideration of the agreement by the District and City of the exchange of covenants and conditions herein contained to be performed by the parties hereto, it is agreed as follows: 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 8100,000. 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 rIpL•r 2 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. , 1I. 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) Recreation building, 6) The road network, 7) Laundry building 8) 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. III. 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. The credit for improvements shall be allowed for a term of five (5) years. 3 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 shall have a retroactive commencement date, and be applicable to payments for rentals ttarting September 1, 1982. However, in order to obtain the retroactive credit, Lessee shall, within one hundred and twenty (120) days of the date of final acceptance of this agreement, submit to the City paid receipts or other evidence of cost expended for allowable improvements. 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. I9. 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. . V. Further, Lessee agrees to maintain a buffer zone separating the leased premises and the property owned, leased, or used by the Girl Scouts of America; Said buffer zone shall consist of a strip of land at least two hundred feet in width to be left in its present, natural, undeveloped state; Said buffer zone shall be maintained an the premises leased pursuant to contract referred to above; and adjacent to the property owned, leased, or used by the Girl Scouts of America, which property is situated northwest of the leased premises. Executed this .. day of - , 198 . ATTEST: Lower Nueces River Water Supply District Nancy H. Bowen, Secretary BYlon Cox, President Attest: City Secretary Approved: day of ,198 . J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney 4 City of Corpus Christi 8y , City Manager Attest: - Sunrise Beach By Robert A. Roth, Lessee STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 198 , by Don Cox as President of the Board of the Lower Nueces River Water Supply District an behalf of said District. Notary Public, State of Texas My commission expires: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 198 , by 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 NUECES § This instrument was acknowledged before me on , 198 , by Robert A. Roth individually dba Sunrise Beach. Notary Public, State of Texas My commission expires: JONES b d. SHETLER 1702 S..e. F. D,i.e C..p.. Chri01, Te... 78404 Minn - 0 THE STATE OF TEXAS AC3.EEMEND IN COMPROMISE 1 COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESEN S: In consideration for and in settlement of a controversy between various parties hereto, Robert A. Roth of Mathis, San Patricio County, Texas, lessee of Sunrise Beach through assignment of same from William B. Hoskins, the City of Mathis, San Patricio County, Texas, the City of Corpus Christi, Nuecea County, Texas and the lower Nueces River Water Supply District, hereby agree as follows: (1) Mr. Roth agrees to hereafter treat the 'utility and sani- tary control easement" across Sunrise Beach executed by the Lower Nuecea River Water Supply District an Sime. 27, 1985 in favor of the City of Mathis as valid in consideration for the following described covenants of and concessions from the other parties hereto: (a) (b) The City of Mathis agrees to be responsible for the repair and maintenance to the existing pier structure on the premises of Sunrise Beach to the extent that same is affected by the equip- ment utilized by the City of Mathis in the operation of the fresh water intake for which the easement was granted. The City of Mathis further agrees not to use motorized vehicles of any nature on the pier during the term of the easement. The City of Mathis agrees that the water rates applicable to residents inside the city limits of Mathis will be the water rate charged for usage cn the leased premises now constituting "Sunrise Beach" far the entire remaining term of said lease and any renewals and extensions thereof. Further, Mr. Roth will receive a re- fund for amounts in excess of said rate paid on behalf of Sunrise Beach for the months of June, July, August and September, 1985. (c) The City of Corpus Christi and the lower Nueces River Water Supply District must ratify an agreement between them and Mr. Roth in regard to a credit for improvements made on the leased premises in the form of that Agreement ori- ginally submitted to the Water Supply District by the legal department of the City of Corpus Christi on September 15, 1983. (d) The City of Mathis agrees to provide a six foot (6') visual screening fence in front of the pump station in such a manner as to make the facility as aesthetically pleasing as is rea- sonably possible, and further agrees, that the � Dry gyp; station will conform to OSHA noise pollution standards applicable to work situations in which individuals are twenty five feet (25') or more from a noise producing source. (e) The City of Mathis will told Mr. Roth harmless and indemnify him from any injuries resulting to any of its agents or licensees on the Sunrise Beach premises during the entire remaining term of the lease and any renewals and extensions thereof. (f) The City of Mathis represents that it has re- ceived a waiver from the Texas State Health De- partment of the usual restriction in regard to recreational use of areas within a two hundred foot (200') radius of a raw water intake sta- tion which will allow recreational activities at any point outside a twenty five foot (25') radius from the raw water intake station, and that such waiver will apply for the entire re- maining e- mni.,i term of the lease and any renewals and extensions thereof. (g) The City of Mathis will be responsible for the installation and maintenance of an attractive aluminum gate through the Sunrise Beach premi- ses fence crossing such easement, will use that gate for access to its easement both during the construction of the intake facility and there- after, and will maintain said gate in good re- pair during the term of this lease and any re- newals and extensions thereof. It further agrees to return the surface area of the ease- ment as close as reasonably possible to its original condition after construction is com- plete The City of Corpus Christi agrees that the execution of this Agreement constitutes a cure of the alledged breach of the 'Page Agreement as set forth in correspondence addressed to Mr. Roth from Jay ibegey, Assistant City Attorney for the City of Corpus Christi and on behalf of the Lower Nuoces River Water Supply District dated October 16, 1985, and that the Lease is currently in good standing and effect and Mr. Roth is not in breach thereof. (h) (i) The City of Mathis agrees to pay One Thousand Five Hundred Dollars ($1,500.00) in attorney's fees to the firm of Jones & de Shetler, P.C. as a result of representation of Mr. Roth herein, said amount to be paid on or before November 1, 1985. (2) Through the execution hereof, Mr. Roth does not evidence his agreement that the easement was legally granted by the City of Corpus Christi pursuant to authority reserved to it in the original Lease Agreement, but rather, agrees not to contest the validity of same in exchange for the covenants made and concessions granted him herein. By no means shall this agreement constitute a waiver by Mr. Roth of any right which he may have to contest any future grant of an easement across the leased premises by the City of Corpus Christi. BY: ATTEST: ROBERT A. ROTH CITY OF MATHES: JAMS KNIGHT, MAYOR SECRETARY, CITY OF MATfIIS BY: CITY CF CORPUS CHRISTI: , CITY MANAGER ATTEST: SECRETARY, CITY OF CORPUS CHRISTI LOWER EUECEB RIVER WATER SUPPLY DISTRICT bxN O x, ARESIDENT BY: 0 THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared ROBERT A. RCaH, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein ex- pressed. GIVEN UNDER MY HAND AND SEAL CF OFFICE this _ day of A.D., 1986. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared .TAMES ENICHT, known to me to be the person those name is subscribed to the foregoing instrument as the Mayor of the City of Mathis, Texas, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said City of Mathis, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D., 1986. Notary Public in and tor Nusces County, Texas THE STATE OF TEXAS COUNTY OF NUECFS BEF(RE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument as the City Manager of the City of Corpus Christi, Texas, and acknowledged to me that he exe- cuted the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act end deed of said City of Corpus Christi, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of A.D., 1986. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS § COUNTY OF NUECFS § BEFORE ME, the undersigned authority, on this day personally appeared EON CDX, known to me to be the person whose name is sub- scribed to the foregoing instrument as the President of the lower Nueces River Water Supply District, and acknowledged to me that he executed the same for the purposes and consideration therein expres- sed, and in the eapaeity therein stated and as the act and deed of said Sower Nueces River Water Supply District. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of A.D., 1986. Notary Public in and for Nueces County, Texas 0 That the foregoing ordinance ,y reafor tai first time and pgsed to its second reading on this the y dayof /��q� ��, , 19 , bythe 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 ordinance wajs, read for t sero d time and sed to its third reading on this the /j#1' -day of �, , 19 , 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 fore qing ordinan was read for the hird time and passed finally on this the 6fk-qday of (�� , 19 D, , by the following vote: /// /. �.. , Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, this the ATTEST: ea...6._ Ci y ecretary AppROVED: `41 DAY OF ffl r , 19s6 : Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong day of i MAYOR THE CITY CORPUS CHRISTI, TEXAS , 190 . 19260