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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 o-ylo ,Austin, 3;¢xxs 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 84 tS. 100 aftice Twe 44r4 tee/4 VI . • 4Pk, b•jj ;4 n . v I. CORPUS CHRISTI PAY. I: mon '1 sr. l'i t ,sIw acord wlnn • noun n-• Ara,. .w. nr [- c1o,es.v .7. LAGUNA MAORE ANO CAVO OEL 020 , 32 ,. 30 84 _BS 1843 — -OP/ ity A"<FA MAP NO 2 97-424 i j3T! AND CRYO 4Ar- -:JUNA MADRE, N'_ Exhibit B Corpus Christi, City of CL -830001 < N 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 \forms\045 02190B