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
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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
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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