HomeMy WebLinkAbout021906 ORD - 03/22/1994AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE
DOCUMENTS NECESSARY TO RENEW THE LEASE OF 3.5 ACRES OF STATE
LANDS ADJACENT TO SOUTH GUTH PARK FOR A FIVE YEAR TERM WITH
$25 FILING FEE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his designee, is hereby authorized to
execute the documents necessary to renew the lease of 3.5 acres of State lands adjacent to
South Guth Park for a five year term with $25 filing fee; and declaring an emergency all as
more fully set forth in the Lease Agreement, a substantial copy of which is attached hereto
and made a part hereof, marked Exhibit "A".
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs, such finding of
an emergency is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances at two regular meetings so that this ordnance is
passed and shall take effect upon first reeding as an emergency measure this the / 7 day
of Von y1 , 19 q
ATTEST:
ty Secretary
MAYOR
THE CITY OF LPUS CHRISTI
APPROVED: 8 DAY OF M"ck_ , 1994
JAMES R. BRAY, JR., CITY ATTORNEY
ison Ga laway
Assistant City Attorney
AG5000.497abf
021906 1
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LEASE ON COASTAL PUBLIC LANDS
STATE OF TEXAS §
COUNTY OF NUECES §
LEASE NO. CL 830001
KNOW ALL MEN BY THESE PRESENTS:
(1) By virtue of the authority granted by Texas Natural Resources
Code, Chapter 33 (Vernon 1978), and by School Land Board, Title 31,
Texas Administrative Code, Chapter 155 (Hart, November 1, 1986)
(Land Resources), and subject to all rules and regulations
promulgated by the Commissioner of the Texas General Land Office
and/or the School Land Board of Texas pursuant thereto and all
other applicable statutes and amendments to the Texas Natural
Resources Code, the STATE OF TEXAS, hereinafter called GRANTOR,
acting by and through the School Land Board and its Chairman, Garry
Mauro, Commissioner of the General Land Office, hereby grants to
City of Corpus Christi, P.O. Box 9277, Corpus Christi, Texas 78469-
9277, (512) 880-3500, hereinafter called GRANTEE, GRANTEE's heirs,
successors, and assigns, a lease for a public pier and trash bin
area on coastal public lands in Nueces County, Texas, described as
follows:
Oso Bay, State Tract C, Lot 8 and Lot 5,
Fractional Section 17, Flour Bluff and Encinal
Farm and Garden Tracts
To be encumbered by:
a public pier consisting of a 6' x 622'
walkway with an 11' x 20' T -head and two
platforms being 9'x 10' and 4' x 10', and two
2' x 3' trash bin areas, comprising a total
encumbrance of 4094 sq. ft. as depicted in
Exhibits A, B, and C attached hereto and made
a part of this contract.
Ex h; I); + A
(9) GRANTOR reserves the right to use any or all of the area
contained within the lease, -described above for any purpose not
inconsistent with the use of the lease by GRANTEE.
(10) The land covered by this lease is subject to prospecting and
development of minerals by GRANTOR or GRANTOR's authorized
representatives. GRANTEE will allow GRANTOR, GRANTOR's authorized
representatives, holders of mineral leases, and other permittees
who have written approval from the Texas General Land Office the
right of ingress and egress over the leased premises for the
purposes designed in the permit or lease.
(11) GRANTEE may not charge any holder of a valid mineral lease or
permit from GRANTOR customary surface damages for the use of the
leased premises. All such damage payments shall be made directly
to GRANTOR. GRANTEE, however, may seek compensation for damages to
personal property in an action against the holder of a valid
mineral lease or permit issued by GRANTOR. This damage limitation
in no way limits the liability of third parties in an action at law
for damages inflicted upon GRANTEE by acts of negligence.
(12) GRANTEE shall have the right to file a criminal complaint or
institute civil proceedings to protect GRANTEE's right of
possession and leasehold interest in the leased premises.
(13) GRANTEE shall use the highest degree of care and all proper
safeguards to prevent pollution of air, ground, and water in and
around the above-described area and shall comply with the rules and
orders which the Commissioner of the Texas General Land Office
deems necessary for the protection and preservation of public lands
and waters. In the event of pollution which is the result of
GRANTEE's use of the above-described premises, GRANTEE shall use
all means available to recapture all pollutants which have escaped
and shall be responsible for all damage of any nature arising from
such pollution.
(14) GRANTEE agrees to keep the Commissioner of the Texas General
Land Office informed of GRANTEE's current address and agrees to
inform the Commissioner of any change of address of GRANTEE prior
to any such change.
(15) GRANTEE shall not use, or permit the use of, the leased
premises for any illegal purposes. GRANTEE will comply, and will
cause its officers, employees, agents, and invitees to comply, with
all applicable laws, ordinances, rules, and regulations of
governing agencies concerning the use of the premises. In the
event that any foundation, site, item, or other feature of
archeological, scientific, or historic interest is encountered
during the activities authorized by this agreement, GRANTEE will
immediately cease such activities and will immediately notify the
-GRANTOR so that adequate measures may be undertaken to protect or
recover such discoveries or findings, as appropriate. In this
regard, GRANTEE is expressly placed on notice of the National
Historical Preservation Act of 1966, (PB -89-66, 80 Statute 915; 16
U.S.C.A. 470) and the Antiquities Code of Texas, Chapter 191,
Natural Resources Code.
(16) GRANTEE agrees to indemnify and hold GRANTOR, its officers
and employees, harmless for liability or damages of any kind or
character without limit and without regard to the cause or causes
thereof or the negligence of any party or parties, arising directly
or indirectly from the use of the premises herein granted and/or
any breach by GRANTEE of the terms, covenants, or conditions
provided herein.
(17) In the event that GRANTEE fails to pay any money due under the
terms of this agreement when the same becomes due, or is in breach
of any condition or covenant set forth herein, the Commissioner of
the Texas General Land Office shall have the right, at his
option,to forfeit this agreement and terminate all rights inuring
to the GRANTEE herein by sending written notice of such forfeiture
by United States Mail to the last known address of GRANTEE. Upon
sending of such written notice, this agreement shall terminate and
all rights granted herein to GRANTEE shall revert to GRANTOR
(subject to reinstatement by the School Land Board at its option).
Such forfeiture and termination shall not prejudice the rights of
GRANTOR for any claim of payments due.
(18) Upon termination of this lease, GRANTEE shall, within one
hundred twenty (120) days from said termination, remove all of
GRANTEE's personal property and all structures and man-made
improvements authorized by this agreement, provided all money due
hereunder has been paid. GRANTEE shall take whatever measures are
necessary to restore the area as nearly as practicable to the same
condition that existed before GRANTEE entered thereon, except as
otherwise approved or required in writing by the Commissioner of
the Texas General Land Office.
(19) A waiver by GRANTOR of a breach of this lease by GRANTEE does
not constitute a continuing waiver or a waiver or any subsequent
breach of this lease.
(20) By executing this contract, the person signing below attests
that he is the littoral property owner.
(21) GRANTEE further agrees to comply with the following
conditions:
If the public is charged a fee for the use of
these public structures, Grantor reserves the
right to renegotiate the consideration for
this lease. Grantee will notify Grantor of
plans to charge a fee before the fee is
assessed to the public.
IN TESTIMONY WHEREOF, witness my hand and seal of the Texas General
Land Office this day of , 19
(Date of the Commissioner's signature)
CITY OF CORPUS CHRISTI THE STATE OF TEXAS
BY: BY:
GARRY MAURO
Commissioner of the
PRINT NAME Texas General Land Office
Chairman, School Land Board
TITLE GRANTOR
GRANTEE
STATE OF TEXAS
COUNTY OF
APPROVED
Commits
Deputy Com._
Sr. Deputy
Executive
This instrument was acknowledged before me on , 19 _,
by , of
(Name of Officer/Title of Officer) (Name of Corporation)
a Corporation, on behalf of said corporation.
(State of corporation)
Notary Public
Print name
My commission expires:
Miry
OEDE GEOLOGICALTMENT or rHE OR
S [E.
Exhibit A
Corpus Christi, City ofc
CL -830001
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Exhibit B
Corpus Christi, City of
CL -830001
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pthibit C
Corpus Christi, City of
CL -830001
Corpus Christi, Texas
22_ day of NCV \ , 19 019.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance an emergency exists requiring suspension of the Charter
rule as to consideration and voting upon ordinances at two regular
meetings: I/we, therefore, request that you suspend said Charter
rule and pass this ordinance finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CITY OI! CORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes
l4
to
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria //���ty-
Edward A. Martin OUrY1R,t;
Dr. David McNichols
David Noyola vv Y"
Clif Moss (XA p
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