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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*