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HomeMy WebLinkAbout021347 ORD - 03/17/1992AN ORDINANCE AMENDING THE USE PRIVILEGE AGREEMENT AUTHORIZED BY ORDINANCE NO. 14634, PASSED NOVEMBER 22, 1978, AND AMENDED BY ORDINANCE NO. 20130, PASSED DECEMBER 22, 1987, TO ALLOW TEMPLE-INLAND INSURANCE CORP. TO OPERATE A BEVERAGE/SNACK BAR ON THE TIMBER DECK OVER CORPUS CHRISTI BAY AT THE REAR OF HOLIDAY INN EMERALD BEACH; AND AUTHORIZING A FIVE (5) YEAR CONCESSION AGREEMENT HAVING A MONTHLY REVENUE OF $300 PER MONTH; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Use Privilege Agreement authorized by Ordinance No. 14634, passed November 22, 1978, amended by Ordinance 20130, passed December 22, 1987, is hereby amended to allow Temple-Inland Corp. to operate a beverage/snack bar on the timber deck over Corpus Christi Bay at the rear of Holiday Inn Emerald Beach and consenting to an assignment from Tex -Ken, Inc. to Temple-Inland Insurance Corp. to reflect new ownership, all as more fully set forth in the Use Privilege Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That the City Manager is hereby authorized to execute a five (5) year Emerald Beach Concession Agreement between the City of Corpus Christi and the Temple- Inland Insurance Corporation, acting by and through its manager and authorized agent, Winegardner and Hammons, Inc., for the operation of a beverage/snack bar on the timber deck over Corpus Christi Bay at the rear of Holiday Inn Emerald Beach, all as more fully set forth in the Concession Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "B." SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AG5000.094.kp 021347 MiC&JE1LMEU USE PRIVILEGE AGREEMENT Amendment State of Texas § County of Nueces § THAT the City of Corpus Christi, Texas, acting by and through its duly authorized City Manager, Juan Garza, and Temple-Inland Insurance Corporation, acting by and through its duly authorized agent, hereby agree to amend the Use Privilege Agreement as authorized by Ordinance No. 20130 passed December 27, 1987. 1. Temple-Inland Insurance Corp., effective January 4, 1991, acquired from Tex -Ken, Inc., the Holiday Inn Hotel known as the Holiday Inn Emerald Beach location at 1102 S. Shoreline Drive, Corpus Christi, Texas. 2. The City consents to the assignment from Tex -Ken, Inc. to Temple-Inland Insurance Corp. of all of the rights granted to Tex -Ken, Inc. under a certain Use Privilege Agreement as authorized by Ordinance No. 20130 passed December 27, 1987, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. 3. Temple-Inland Insurance Corporation is hereby authorized to construct and operate a beverage/snack bar on the north 50 feet of the timber sun deck upon execution of the Concession Service Contract as shown on Exhibit "B". 4. All other items and conditions of the original Use Privilege Agreement shall remain in full force and effect. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of 1991. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Juan Garza, City Manager Use Privilege Agreement - Amendment Holiday Inn - Emerald Beach Page 1 of 2 EXHIBIZ "A" APPROVED: JC, day of` -'+mid, , 1992 GRANTEE: TEMPLE-INLAND INSURANCE CORP. Acting By and Through Winegardner & Hammons, Inc., Its Manager and Authorized Agent BY \ (J ;l` rtf (Aw(-T- By: Assistant/City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1992, by Juan Garza as City Manager for the City of Corpus Christi, Texas, a Texas Municipal Corporation on behalf of said corporation. Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1992 by as of Winegardner & Hammons, Inc., a corporation acknowledged this instrument as the manager and authorized agent of Temple-Inland Insurance Corporation. Notary Public in and for the State of Texas Use Privilege Agreement - Amendment Holiday Inn - Emerald Beach Page 2 of 2 EXHIBIT A USE PRIVILEGE AGREEMENT 6ae5-g THE STATE OF TEXAS § COUNTY OF NUECES § That, the City of Corpus Christi, Texas, acting by and through its duly authorized City Manager, Juan Garza, for and in consideration of the sum of One Hundred .($100.00) Dollars to it in hand paid by Tex -Ken, Inc., acting by and through its manager and authorized agent, Winegardner & Hammons, Inc., hereinafter referred to as Grantee, the receipt of which is hereby acknowl- edged, has granted, and by these presents does grant upon the conditions hereinafter stated, unto the said Tex -Ken, Inc., the right and privilege to install and maintain a timber sun deck and a sand beach on property owned by the City at the water's edge and in waters of Corpus Christi Bay immediately east of the C.F. Glasscock Bayfront Addition, as recorded in Volume 25, Page 39, Nueces County, Texas Map Records, further described and contained in the attached map marked "Exhibit A". TO HAVE AND TO HOLD the same unto Tex -Ken, Inc., its succes- sors and assigns, together with the right and privilege under the conditions and terms hereof, at any and all times to enter upon the above described for the purpose of maintaining said improve- ments, and it is further understood that the foregoing privileges and rights are granted upon the following conditions: A. It is understood and agreed that the privileges hereby granted may be revoked at any time upon the giving of 30 days notice in writing by the City of Corpus Christi. B. Grantee shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents (hereinafter "the Indemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoev- er on account of personal injuries (including, without limitation on the foregoing workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with or are claimed to arise out of or be in any way connected with the construction, mainte- nance, and use of the facilities or improvements provided by Grantee, unless such injury, loss or damage shall be caused by the sole negligence of Indemnitees. Grantee shall, at its own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and -expenses of any kind arising from any such liability, damage, loss, claims, demands and actions. C. That the use of said area hereby granted shall in no way interfere with the construction or operation by the City of any existing or future proposed City improvements, or other uses, or the maintenance thereof. The City shall have the right to require removal of all or a portion of improvements if interfer- Use Privilege Agreement Tex -Ken, Inc. Page 2 ence is shown. Further, the right of the public for the use of the area covered by this grant shall in no way be denied or restricted by the Grantee. Grantee shall provide life guards and maintain the beach area to the same standards as other public city beaches. D. All applicable State laws and City ordinances shall be complied with and the necessary building permit shall be secured from the City. E. All necessary Corps of Engineer and/or Coast Guard permits shall be secured by the Grantee, to include General Land Office clearance as required. Grantee shall comply with all terms and conditions imposed by the Corps of Engineers or General Land Office. F. No portion of the public seawall on East Shoreline Boulevard is to be crossed by construction equipment as a result of the proposed improvements unless specific written approval has been obtained by the Department of Engineering Services. G. Grantee may assign its interest in this Use Privilege Agreement with written approval of the City of Corpus Christi which will not be unreasonably withheld. H. The obligations undertaken by Tex -Ken, Inc. herein to "maintain" the beach area shall not impose any obligation on the part of Tex -Ken, Inc., its successors or permitted assigns, to repair, refurbish, or replenish the beach area if erosion or other natural factors should cause the beach to be in any way diminished; said obligation shall, however, require Tex -Ken, Inc to clean the beach area. Use Privilege Agreement Tex -Ken, Inc. Page 3 IN TESTIMONY WHEREOF, the City of Corpus Christi has caused t se presents tp be executed on this ther,„Ne,etday of , 191a. A TEST: nnfl c &t Zct. City Secretaz APPROVED: _I v day of By: THE CITY OF CORPUS/'CHRISTI /_ rig r By: Ju y Manager , 1988 GRANTEE: Tex -Ken, Inc. (acting by and through Winegardner & Hammons, Inc., its manager and authorized ag ity Attorney THE STATE OF TEXAS § COUNTY OF NUECES § B This instrument was acknowledged before me on 1988, by Juan Garza as City Manager for the City , orpus Christi, Texas. ANNA M. LEAL Notary Public STATE OF TEXAS My CanmSSo hot 8 -12 -CD I fi X4 otary ublic n an for the State of Texas THE STATE OF OHIO § COUNTY OF HAMILTON § I This instrument was acknowledged before me on J.(iL, 1988, by Jai' y1 J�,S .j', as j P- t, ,'tae_ ,,,ttof Grine ardner & Hammons, Inc., the manager and authorized agent of Tex -Ken, Inc. 02 0 /3 D AIITHORIIEE sr COUNCIL �`� '?� / 9ET:RETARV SSJUN29K/QTXTSRC/WOB Notary Pu lic i and for t(LANk State of Ohio MELODY M. MNC.Kss Nothry Fc'_,_. __.. Cd IGy Comn::J:' F c i a •EXHIBIT A : HOLIDAY INN METHOD OF CONSTRUCTION: RIVER SANG WILL BE HAULED IN BY TRUCK AND PLACED OVER WALL BULLDOZER WILL BE LOWERED ONTO FILL FOR FINAL GRADING 411 EXISTi G PUBLIC BEACH "MAGEE BEACH" EXISTINGSEAWALL • EXISTING SEAWALL • FExISTIriG STEPS TO BE USED FOR ACCESS BY HOLIDAY INN GUESTS ExiStiNG f�BEACH /ice EXISTING GROIN •O] • • cos -t.5 f LEGE7�D: -0.7 EXISTING ELEVATION PROPOSEC ELEVATION �a-�a UCE EACH" CORPUS CHRISTI BAY USE PR/V/LEGE AREA as 3.t STEPS TORE CONSTRUCTED FOR BEACH ACCESS BY PUBLIC HOLIDAY INN PARKING LOT IJ NZ •-2•0 5O Ioo ISO w.S. -0 .0 ILOw TO[I 2 -.5 •-t.o EXISTING BREAKWATER EXISTING BOAT BASIN 5.5 •4.5 -I.7 1 . -7.0 5.1 BEACH RECONSTRUCTION PLAN APPLN BY tft CITY Cf CORPUS CHRISTI •00I .e at tut +r EXHIBIT B EMERALD BEACH CONCESSION AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This Agreement made and entered into this day of , 1992, by and between the City of Corpus Christi, a municipal corporation, hereinafter called "City" and Temple-Inland Insurance Corporation, acting by and through its manager and authorized agent, Winegardner and Hammons, Inc., hereinafter called "Concessionaire". Preliminary Statements: 1. The City has granted to the Concessionaire the right and privilege to install and maintain a timber sun deck and sand beach on the property owned by the City pursuant to a certain Use Privilege Agreement, as amended (the "Use Privilege"). 2. Effective January 4, 1991, Concessionaire acquired the ownership of the Holiday Inn Corpus Christi Emerald Beach (the "Hotel") from Tex -Ken, Inc. 3. In connection with certain improvements presently being made to the Hotel, Concessionaire desires to construct and operate a beverage/snack bar on the timber sun deck authorized to be constructed and installed pursuant to the Use Privilege. 4. Pursuant to the provisions set forth below, the City is willing to grant concession rights to the Concessionaire to facilitate its ability to operate a beverage/snack bar on the timber sun deck. WITNESSETH The City hereby grants unto Concessionaire, the right of concession, as hereinafter defined, at the location hereinafter specifically set out, subject to the terms, conditions, and covenants as follows, to wit: I. Terms of the Agreement. In consideration of the rent hereby provided to be paid by the Concessionaire and the covenants on its behalf herein contained, the City hereby grants Concessionaire rights to concession for a five year term effective sixty days after final approval by the City Council (unless previously terminated under any provision herein contained). The designated concession location shall be the timber sun deck located at the rear of the Holiday Inn Emerald Beach, 1102 S. Shoreline, which was constructed over City owned property as authorized by City Ordinance No. 14634, passed November 22, 1978, and amended by t( 4 g) Ordinance No. 20130, passed December 22, 1987, as shown on Exhibit "A" attached hereto and made a part hereof; and shall be used for the sale and dispensing of food, beverages and other merchandise as hereinafter provided. II. Concession Rights Defined. The concession rights and privileges herein granted are the exclusive right to make direct sales to the public of cold drinks, hot drinks, liquor by the drink subject to Texas Alcohol Beverage Commission rules and regulations, snacks, and to otherwise sell to members of the general public food related, beverage, or snack type items and any other merchandise usually or customarily handles by Concessionaire or that could reasonably be anticipated to be sold or offered to members of the general public in connection with the operation of a beverage/snack bar on the timber sun deck constructed as a part of the Hotel, except that the City retains the right to: (a) Make final decisions on matters which may arise, not specifically covered in this Agreement, including the interpretation hereof. (b) This Agreement does not include the right for Concessionaire to sell space for either temporary or permanent signs. The City especially reserves this right to itself. Location of Concession and Improvements. The City will make available the previously constructed timber deck located at the rear of Holiday Inn Emerald Beach, 1102 S. Shoreline Boulevard. Concessionaire shall be responsible for all improvements necessary to make said deck usable for use as a beverage/snack bar area. All modifications to the deck area shall receive prior approval from the City Manager or his designee. Concessionaire shall be responsible for all permits required. IV. Utilities. All utilities, including any installation or connection expenses, shall be the responsibility of the Concessionaire. Emerald Beach Concession Agreement Temple-Inland Insurance Corporation Page 2 of 7 V. Obligations of Concessionaire. The Concessionaire will be responsible to the City as follows: (a) The Concessionaire shall furnish, install, service, and maintain in good working order all equipment and supplies required to properly effect this Agreement. Concessionaire shall furnish dispensing and cooling equipment required for sale of beverages. All equipment shall remain the sole and exclusive property of the Concessionaire. (b) Concessionaire agrees the operation of the concession will be in accordance with all of the laws of the United States, State of Texas, and ordinances of the City of Corpus Christi, Texas, and all rules and regulations in regard to the same that may be promulgated by the City Manager of the City of Corpus Christi, Texas. (c) Insurance. The Concessionaire covenants that it will carry insurance as follows: 1. Before permitting any employees to begin working in any capacity, Concessionaire shall cover all employees by Workmen's Compensation Insurance, or other coverage approved by the State Industrial Accident Board. 2. Before beginning or permitting the installation of any furnishings, fixtures, equipment, etc., Concessionaire shall procure and keep in full force and effect, a Comprehensive or Commercial General Liability insurance policy under which the City shall be named as additional insured. 3. Before opening for business, Concessionaire shall procure either by separate policy or by appropriate endorsement to its Comprehensive or Commercial General Liability Insurance coverage broad form coverages for premises and operations, liquor liability, contractual liability, personal injury, owner and contractor protective liability, and products [sometimes referred to as food handlers or restaurant operations protection (protecting against claims for damages to persons claiming to have been served unwholesome foods, etc.)] and completed operations coverage. Emerald Beach Concession Agreement Temple-Inland Insurance Corporation Page 3 of 7 The policies referred to in 2 and 3 above, shall have minimum limits of not less than $300,000 per person and bodily injury and death, $500,000 per occurrence for bodily injury and death, and $50,000 property damage. All insurance policies shall name the City of Corpus Christi as additional insured. The originals of all of the policies referred to in 1, 2, and 3 above, or certificates evidencing the existence of all of the insurance coverages enumerated above and that the City has been named as an additional insured on all such policies, certified by the agent issuing them, shall be deposited by the Concessionaire with the Director of Park and Recreation. They shall include provisions that they cannot be canceled or materially altered except after the expiration of sixty (60) days after delivery of notice of such intention to the Director of Park and Recreation. Failure on the part of the Concessionaire to furnish a new policy or certified copy or certificate before the expiration date of such policy or failure to furnish a new policy before the date so fixed for the cancellation of the existing policy so that the risk referred to shall be continuously protected will constitute a default on the part of the Concessionaire entitling the City to its option to terminate the entire agreement. If either of the policies referred to in 2 and 3 above do not show upon their face they are a flat premium policy and the premium has been paid in full, they must be accompanied by an endorsement or other appropriate certificate or waiver sufficient to establish that the company or agency issuing the same is entitled to look only to concessionaire for any premium payments and has no right to recover any premiums from the City. The Liability shall include that claims on behalf of the part of any of based upon alleged agents or employees Policy or the policies referred to in 2 above the City is fully protected not only against the general public, but also against claims on Concessionaire's employees, including claims negligence on the part of City, its officers, (d) The food and drink shall be dispensed by an attendant furnished by the Concessionaire at its expense. Concessionaire shall be responsible for the general cleanliness of the area including cleaning up of spilled food and drink, and removal of trash from the deck area and adjacent areas. (e) Service should be provided a minimum of eight hours per day, seven days per week. Hours may be adjusted depending on such factors as weather conditions, season, and demand by the public or other factors related to the operation of the Hotel. Emerald Beach Concession Agreement Temple-Inland Insurance Corporation Page 4 of 7 • Concessionaire shall furnish as part of this Agreement, all related supplies and condiments. Approval from the Director of quality, quantity, and price merchandise. Said approval withheld. Park and Recreation on the schedule of all concession shall not be unreasonably Compensation to be Paid by Concessionaire. Commencing on the effective date of this agreement and continuing thereafter for each month during the term of this Agreement, Concessionaire shall pay to the City on or before the first day of each calendar month, the sum of three hundred dollars ($300), which amount shall constitute the monthly rental payable by the Concessionaire to the City for the concession rights granted pursuant to the provisions of this Agreement. On an annual basis, provided any adjustments do not occur more than one time in any period of twelve (12) consecutive months, the amount of the monthly rental payable by the Concessionaire to the City shall be adjusted by the annual percentage change in the Consumer Price Index (urban) as published by the US Department of Commerce. VI. Accounting Procedure. The Concessionaire shall maintain books and records in connection with the operation of the concession rights granted to it under this Agreement in accordance with generally accepted accounting practices. The City shall have reasonable access to such books and records for purposes of review. VII. General Provisions (1) Concessionaire will not, on the ground of handicap, sex, race, color or national origin, discriminate or permit discrimination against any person or group of persons in any manner. The City hereby reserves the right to take such action as the United States Government may direct to enforce this covenant. The Concessionaire agrees to refrain from any unlawful employment practices as to comply with all lawfully adopted regulations related thereto. City retains the right at any time to cancel any such services agreement and may cancel this Agreement upon sixty (60) days written notice to Concessionaire for cause, for violation of any of the terms and provisions Emerald Beach Concession Agreement Temple-Inland Insurance Corporation Page 5 of 7 of this Agreement or for violation of any Federal, State, or local laws or ordinances. (4) Concessionaire agrees to furnish service on a fair, equal and non-discriminatory basis to all users thereof, and to charge fair, reasonable and non-discriminatory rices for each unit of service. (5) It is further understood and agreed that the Concessionaire shall not make material alternations, additions, or improvements to the deck area without prior written consent of the City. All alterations, improvements, and additions made by the Concessionaire upon termination of this Agreement become the property of the City in fee simple, without any other action or process of law. (6) In the event any legal action is undertaken by any party hereto, to collect for any damages growing out of or compensation due under this agreement, the prevailing party shall be entitled to an additional ten percent (10%) of such recovery to cover the expense of such legal action, said ten percent (10%) to be in addition to any court costs. (7) (8) Concessionaire shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents (hereinafter "the Indemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the sale or distribution of beverages and snacks pursuant to this Agreement, regardless of whether such injury, loss or damage shall be caused by, or be claimed to be caused by, in whole or in part, the negligence or other fault on the Indemnitees or any of them. Concessionaire shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon any pay their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage,loss, claims, demands, and actions. This agreement may not be assigned without the City's prior written consent. Emerald Beach Concession Agreement Temple-Inland Insurance Corporation Page 6 of 7 WITNESS OUR HAND in duplicate originals on this day of , 1992. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Juan Garza, City Manager APPROVED: TEMPLE-INLAND INSURANCE CORP. Acting By and Through :moi day of to t , 1992 Winegardner & Hammons, Inc., Ci Its Manager and Authorized Agent JAMES ppR. BRAY, CITY ATTORNEY BY; .,'1 ( Ct&C , tea a4 Assistant City Attoiney Emerald Beach Concession Agreement Temple-Inland Insurance Corporation Page 7 of 7 By: Name: Title: That the foregoing ordinance day of Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria was read for the first time and passed to its second readin! (f L(L»/Luh` , 19 by the following vote: i • Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik his That the f regoing ordtance was read for the second time and passed to its third reading on this the J day ofL'Dfi, V)tP.L , 19 6,2., by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin _ant_ Lt/ , Joe McComb �- Dr. David McNichols (2Jy Clif Moss (1-°e) Mary Pat Slavik That the foregoing ordinance w,read for the third time and passed finally on this the day of Ira) (.11 , 19 (,1.7 , by the following vote: Mary Rhodes p Edward A. Martin Cezar Galindo Joe McComb Leo Guerrero 0,h -a . k1 } Dr. David McNichols Betty Jean Longoria 7,/ \ t Clif Moss Mary Pat Slavik PASSED AND APPROVED, this the 11 day of 1\(`‘n A1TEST: City Secretary APPROVED: 2i-5 JAMES R. BRAY, By1 044 t DAY OFc ,un.ka_. JR., CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI , 19 `J�,: �1 (p � 0_1 t n.0 ,aA‘ , Assistant City Attorney 021347 PUBLISHER'8 AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI Ad #63984 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is a Business Office Secretary 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, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021347 AMENDIING THE USE PRIVILEGE AGREEMENT which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 22nd day of March 1992. One Time(s) S 49.30 t Subscribed and sworn to before me this 10th day of April , 1992. QQbroi l (1(/n,01eaf Notary Public, Nueces County, Texas My commission expires on 4-24-93 . DESRPVi:C, nisi=...... ,nc Stm T.,. A r./; -:;;r 3 847 r AUTHi . .L r NANCE NO. 4. PASSED c NOVEMBER 22, 1878, AND . AMENDED BY ORDINANCE NO. 30130, PASSED DECEM• 8ER 22, 1987, TO ALLOW TEMPLE-INLAND INSURANCE BEV- ERAGE. TO /SNACK BAR RATE ON THE TIMBER DECK OVER CORPUS CHRISTI BAY AT THE REAR OF HOLIDAY INN EMERALD BEACH; AND. AUTHORIZING A FIVE (5) YEAR CONCES- SION AGREEMENT HAVING A MONTHLY RE The . . was paned and approved on third reading by thex18 Ciof ty theCar h al 2isii An .101/111 City �1 sti State of Texas, County of Nueces } ss: } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad #39644 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is a Business Office Secretary 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, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AMENDING THE USE PRIVILEGE AGREEMENT which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 16th day of February 1992. One Time(s) $ 48.60 Subscribed and sworn March , 1992. Business Offic Secretary to before me this NW.I' OF PASSAGE OF. t_RIANCE ON FIII�T READING AMENDING THE USE PRIVI- LEGE AGREEMENT AUTHORIZED BY ORDI- NANCE NO. 14934, PASSED 4th day of NOVEMBER 22, 1978, AND AMENDED BY ORDINANCE Notary Public, Nueces County, Texas My commission expires on 4-24-93 . NO. 20130, PASSED DECEM- BER 22, 1987, TO ALLOW TEMPLE-INLAND INSURANCE CORP. TO OPERATE A ERAGE/SNACK RA8.ON THE tI BER DECK OVER CORPUS t CHRISTI BAY AT THE REAR OF HOLID Y INN 9 • ING' FIVE (5) YEAR ;PONCES- t SION AGREEMENT HAVING 1 A MONTHLY REVENUE OFsc 5300 PER MONTH; AND gg PROVIDING FOR PUBLICA-i'� TION. rr A copy of the lease B� is on file in the City t Secretary's office. The ordinance was passed and approved on first T reading by the City Council de of the City of Corpus Christi, ac Texas on the 11th day of Ept February, 1992. Atl /s/ Armando Chapa con City Secretary GorpaCPv ti State of Texas, } County of Nueces } ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad #62166 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is a Business Office Secretary 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, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AMENDING THE USE PRIVILEGE AGREEMENT which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 23rd day of February 1992. One Time(s) $ 48.60 • • Business Office Secreta Subscribed and sworn to before me this 5th day of March , 1992. IA )_ Notary Public, Nueces County, Texas My commission expires on 4-24-93 . N3TN x PASSAGE OF NCE ONASE RE DING r LEGE AGRE f AMEND USEEMENT PRIVI- AUTHORIZED BY ORDI- NANCE NO. 14834, PASSED NOVEMBER 22, 1978. AND AMENDED BY ORDINANCE NO. 20130. PASSED DECEM- b BER22, 1987; TO ALLOW TEMPLE-INLAND INSURANCE CORP. TO OPERATE A BEV- er;, • ERAGE/SNACK BAR ON THE TN TIMBER. DECK OVER CORPUS Fel CHRISTI BAY AT THE REAR tht OF HOLIDAY INN EMERALD er, ; BEACH; .AND AUTHORIZING. Se A FIVE (8) YEAR CONCES- he, SION AGREEMENT HAVING do A MONTHLY REVENUE OF at r $300 PER MONTH; AND Th, PROVIDING FOR PUBLICA- to TION. en A copy of the lease be is on filo in the City Secretary's office. The ordinance was passed — end approved on second reading by the City Council b� of the City of Corpus Christi. Texas on the 18th day of February, 1992, /a/ Armando Chpa T City¢ecretary City of Corpus Christi n h fel 9