HomeMy WebLinkAbout020317 ORD - 05/17/1988AN ORDINANCE
CONSENTING TO THE ASSIGNMENT OF THE CHARLIE'S SHRIMP BUCKET
BAITSTAND LEASE FROM DAVYDD MORRIS AND ASSOCIATES, THROUGH
C. C. CHARTER CO., THROUGH CHARLES M. CRAVEN, TO
INTRACOASTAL CORPORATION.
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 Charlie's Shrimp Bucket Baitstand Lease from Davydd Morris and Associates
Incorporated through C. C. Charter Company, through Charles M. Craven to
Intracoastal Corporation, a substantial copy of which assignment is attached
hereto and made a part thereof, marked Exhibit "A."
205RP062.ord
20317 MICROFILMED
CONSENT TO ASSIGNMENT
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, the City Council by Ordinance No. 19230, passed
and approved March 18, 1986, authorized assignment of a bait
stand lease to Mr. Davydd Morris and Associates, Incorporated,
dba Charlie's Shrimp Bucket 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. Davydd Morris and Associates, Incorporated
desires to assign the lease granted on Tract 3 of the Coastal
Public Lands by Ordinance 19230, and the City is agreeable to
the said assignment.
1. The City of Corpus Christi consents to the assignment
of the lease covering the following described parcel or tract:
TRACT NO. 3
BEGINNING at a point 200' Northwest of center line
of Intracoastal Waterway and lying on the center
line of the Padre Island Causeway right of way, .
this point being the most easterly corner of this
tract;
THENCE S. 25' 57' W. a distance of 525' to a point,
this point being the most southerly corner of said
tract;
THENCE, N. 64' 03' W. a distance of 415' to a point,
this point being the most westerly corner of this
tract;
THENCE, N. 25' 57' E. a distance of 525' to a point,
this point being the most northerly corner of said
tract;
THENCE S. 64' 03' E. a distance of 415' to a point,
this point being the most easterly corner of this
tract and also point of beginning.
.Conta.ining 5,00,acres of land and/or water, more
or less.
e1
2. Assignee, Mr. Davydd Morris and Associates,
Incorporated proposes to sell the building, improvements,
equipment and business situated on the aforesaid Tract 3 and
transferring lease to C & Charter Co, which is, in turn,
transferring the lease to Charles M. Craven, who is, in turn,
transferring the lease to Intracoastal Corporation.
3. Assignees, C & C Charter Co., Charles M. Craven,
individually, and Intracoastal Corporation, a Texas
corporation, agree to be bound to the terms of that certain
lease agreement dated November 3, 1982, a copy of which is
attached hereto as Exhibit "A" and made a part hereof.
Except as expressly modified by this consent, all terms and
conditions of that certain lease agreement, as previously
amended, shall remain in full force and effect.
This assignment shall be subject to the terms of the
aforesaid lease, and shall be for the unexpired portion of the
lease, which expires on September 1, 2000.
EXECUTED this the day of ,1988.
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary
APPROVED THIS DAY OF 1988
HAL GEORGE, CITY ATTORNEY
By:
Assistant City Attorney
By:
Craig A. McDowell,
City Manager
AGREED TO AND ACCEPTED BY:
C & C CHARTER CO., ASSIGNEE
Charles M. Craven, President
Charles M. Craven, Individually
Assignee
INT}'\COASTAL CORPORATION,
A TEXAS CORPORATION, ASSIGNEE
By:
Charles M. Craven, President
THE STATE OF TEXAS
COUNTY OF NUECES
AGREEMENT
KNOW ALL MEN 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 Bobbie D. Graves dba J.F.K.
Marina, 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 business
and providing related services to further public recreation in the Coastal Public
Lands described as follows:
TRACT NO. 3
BEGINNING at a point 200' Northwest of center line of Intracoastal
Waterway and lying on the center line of the Padre -Island Causeway
Right -of -Way.- This point being the most Easterly corner of this
tract;
THENCE S. 25° 57' W. a distance of 525' to a point. This point being
the most Southerly corner of said tract;
THENCE N. 64° 03' W. a distance of 415' to a point. This point being
the most Westerly corner of said tract;
THENCE N. 250 57' E. a distance of 525' to a point. This point being
the most Northerly corner of said tract;
THENCE S. 64° 03' E. a distance of 415' to a point. This point being
the most Easterly corner of said tract and also point of beginning.
CONTAINING 5.00 acres of land and/or water, more or less.
2. This Agreement is subject to all provisions of Coastal Public Lands Lease
No. CL -80-008, authorized and approved by the City Council of the City of Corpus Christi
Texas, by Ordinance No. 15826 passed on October 22, 1980. This Agreement is also sub-
ject to all provisions of Texas Department of Highways and Public Transportation
Multiple Use Agreement of March 2, 1979, authorized and approved by Ordinance No. 14767
passed on February 14, 1979.
3. The term of this Agreement shall be for a period beginning on September 1,
1981, and ending at 11:59 p.m. on September 1, 2000.
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 premises
FX I Y' `A"
and to 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 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 Ninety and no/100 ($90.00) Dollars per month during calendar year 1981,
and thereafter the amount of One Hundred Fifty and no/100 ($150.00) 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 Quarterly
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 lease payments
on any such occasion exceed twenty-five percent (25%) of the then current lease payments.
Operator further agrees to pay the cost of newspaper publication of this Agreement as
required by the City Charter.
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. Tem-
porary renting of boat stalls or camper spaces constitutes the normal course of
business.
8. Operator may 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 each specific project. In further consideration of
this Agreement, Operator agrees to make his best efforts to construct the following
improvements before September 1, 1986: general building repairs, ten additional piers,
and a turning basin for sports fishing boats.
9. 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 adjacent 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 prevent
the accumulation of storage on the premises of any "abandoned" motor vehicle or boat,
Page 2 of 4 Pages
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 merchandise
or service, which shall not be in excess of those charged under similar conditions- =
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 pay-
ment 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 under-
stood 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 of all unpaid, accrued lease payments, but not otherwise, 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 expiration 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 institutional lender upon the improvements and/or personal
property which are being added to the premises by Operator to the extent that such
lender may require first lien security. Operator agrees to notify City in writing
of any 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 or upon the Coastal Public
Lands hereinabove described. Operator hereby agrees to assume all liability for or
Page 3 of 4 Pages
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 companies
acceptable to
to maintain a
surance shall
facilities.
16. In
City, with a loss payable clause making City an additional insured, and
copy of said insurance policy on file with City. Coverage of said in -
include the entire premises including piers and any other waterfront
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 restoration timely and prosecutes such restoration with reasonable
diligence, and provided further that in no event shall lease payments abate for a period
each disaster -aforesaid of longer than 180 days.
EXECUTED in duplicate, this .. t, day of
after
ATTEST:
Ci Secretary
APPROVED:
La "'DAY OF
J.?Dr,Le.t.Qcod.,��
L
, 1981
Assistant City Attorney
7o_.ee
Assistant City Manager
CITY OF CORPUS CHRISTI
By:
, 1981.
R. Marviifa Townsend, C' y Manager
OPERATOR
By: '- .._ /-;1'
Bobbie D. Graves
taame.s,14s3 • u •
ey COt;;cIL2/ as-,Ri
- ;r:BY...
Page 4 of 4 Pages
That the foregoing ordinance was read for the first time and passed to its
second reading on this the a(o day of �UQ�1lL , 19g' , by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for
third reading on this the (A/1(.day of
following vote:
Betty N. Turner a
David Berlanga, Sr.
Leo Guerrero
Clif Moss
That the foregoing ordinance
this the 19 day of -4}t
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
was
PASSED AND APPROVED, this the
ATTEST:
003+4-14-1-71Secretary
APPROVED:
/jt DAY OF
read
HAL GEORGE, CITY ATTORNEY
By
sistant Citttor3iey
99.044.01
, 19 St:
hsecond time and passed to its
, 19 gg , by the
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
for the third time and passed finally on
, 19qce., by the following vote:
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
day of
MA R
THE CITY OF CORPUS CHRISTI, TEXAS
20317
PUBLISHER'S AFFIDAVIT
State of Texas, I City of C C
County of Nueces ss Ad # 87281
Before me, the undersigned, a Notary Public, this day personally came
Deanne D. Palmer, who being first duly sworn, according to law, says
that she is a Senior Accounting. Clerk of the Corpus Christi Caller-
, Times, a daily newspaper published at Corpus Christi in said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kieberg, Live
Oak, Refugio, San Patricio, and Victoria Counties, and that the
publication of "NOTICE OF PASSAGE OF ORINANCE ON SECOND READING" of
which the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 7th day of February 1988, and each day there-
after for one consecutive day(s)
one Times
S 27.6n
and-. n t- ,efore me this 12th day of February, 1988,
Edna oster
Notary Public, Nuec Gounty, Texas
My commission expires on 11.30.88
LL
Senior Accounting Clerk
PUBLISHER'S AFFIDAVIT
State of Texas, ] City of C C
County of Nueces ] ss: Ad # 39204
Before me, the undersigned, a Notary Public, this day personally came
Deanne D. Palmer, who being first duly sworn, according to law, says
that she is a Senior Accounting Clerk of the Corpus Christi Caller -
Times, a•daily newspaper published at Corpus Christi in said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak, Refugio, San Patricia, and Victoria Counties, and that the
publication of "NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING" of
which the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 31 day of January 1988, and each day there-
after for one consecutive day(s)
one Times
$ 27.60
Senior Accounting Clerk
Suribed and are me this 9th day of February,1988.
Eugenia {, Cortez
Notary Public, Nueces County, Texas
My commission expires on 6.30.89
OVed On
Chris* Tons on tOO 26* day
1110 ***WINO
text of
PUBLISHER'S AFFIDAVIT
State of Texas, 3 City of C C
County of Nueces 3 ss: Ad # 41497
Before me, the undersigned, a Notary Public, this day personally came
Deanne D. Palmer, who being first duly sworn, according to law, says
that she is a Senior Accounting Clerk of the Corpus Christi Caller -
Times, a daily newspaper published at Corpus Christi in said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak, Refugio, San Patricio, Nueces, and Victoria Counties, and that
the publication of "NOTICE OF PASSAGE OF ORDINANCE #20317 CONSENTING"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 22nd day of May 1988, and each
day thereafter for one consecutive day(s).
one Times
$ 32.20
a4A/,L4.9
LY'
(
Senior Accounting Clerk
ribed 'before me this 24th day of May, 1988.
dna Koster
Notary Public, 'ueces County, Texas
My commission expires on 11.30,88
17
T AS-
*
THE
CHARLIE'S, MOIST
vle Arno. AND - ASE FROM
CIAVTOO M ARO AS-
SOCIATES, C. C.
CHART 1*_/CO., THROUGH
CRAKES M. CRAVEN, TO
IN1R4044TAII. CORPORA-
TION,
Was peeled end approved
on third nesdinhby the City
Council of the of Corpus
Christi, Texas on, e 1 7th day
of May. 1908 end the fell text
, of said ordinance is available
to the public in the Office of
the thy Sem*