HomeMy WebLinkAbout022183 ORD - 03/14/1995AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A TOURIST INDUSTRIAL DISTRICT AGREEMENT WITH
THE BROOKS 1994 FAMILY TRUST, GARNETT T. BROOKS, HI AND
LAURA ANN BROOKS CO -TRUSTEES; RESERVING AND PRESERVING
ALL RIGHTS, POWERS, AND DUTIES OF THE CITY COUNCIL; AND
PROVIDING FOR SEVERANCE.
NOW, THEREFORE, 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 a
tourist industrial district agreement with the Brooks 1994 Family Trust, Garnett T. Brooks, III, and
Laura Ann Brooks, Co -Trustees. A copy of the Tourist Industrial Agreement is on file with the City
Secretary.
SECTION 2. That all rights, powers, and duties of the City Council are hereby reserved and
preserved.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
95ag5000.671
022183
MICROFILMED
TOURIST INDUSTRIAL DISTRICT AGREEMENT
(No. 1)
THE STATE OF TEXAS §
COUNTY OF NUECES §
This Tourist Industrial District Agreement (which instrument together with all amendments,
supplements and renewals hereof are hereinafter collectively called the "Agreement") is made and
entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation
ofNueces County, Texas ("City") and Garnett T. Brooks, III and Laura Ann Brooks, Co -Trustees
of the Brooks 1994 Family Trust (who together with its successors and assigns are hereinafter called
"Landowner").
WITNESSETH:
WHEREAS, it is the established policy of the City Council of the City of Corpus Christi,
Texas, to adopt reasonable measures permitted by law which will tend to enhance the economic
stability and growth of the City and its environs and which will attract the location of new and
expansion of existing tourist related industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the City and its citizens; and
WHEREAS, an adjacent property owner has agreed to convey to the City at "Closing" as
defined below, a tract of land containing 180 acres, more or less, for the construction of a new 18 -
hole municipal golf course and appropriate improvements (hereafter called "New Golf Course"); and
WHEREAS, Landowner is the owner of land adjacent to the contemplated New Golf Course
within the extraterritorial jurisdiction of the City of Corpus Christi, which land shall, upon execution
of this Agreement by the City, be known as the "Corpus Christi Tourist Industrial District No. 1 ", and
which land is more particularly described in Exhibit A attached hereto and incorporated hcrcin for all
purposes, (which land together with any City approved additions hereto are collectively referred to
as the "District Lands" or the "District") and upon which District Lands Landowner desires to
construct tourist related improvements; and
WHEREAS, City desires to encourage the updating, expansion and growth of tourist -related
industries within its extraterritorial jurisdiction and for such purposes desires to enter into this
Agreement with Landowner; and
WHEREAS, the City believes that a Recreational Vehicle Park adjacent to the New Golf
Course in the Northwest area of Corpus Christi will provide a special benefit to the citizens of Corpus
Christi and the surrounding areas;
WHEREAS, for purposes hereof "Closing" shall mean the time at which the land for the new
Golf Course shall be conveyed to the City;
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NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties
herein contained and pursuant to the authority granted under Article 42.044, Texas Local
Government Code, City and Landowner hereby agree as follows:
1. Creation of Industrial District
(a) -Designation of District. City designates the property described in Exhibit A hereto [i.e.,
the District Lands] as an "industrial district" for tourist -related businesses and facilities as such terms
are defined and used under Article 42.044 of the Local Government Code, limited to the specific use
of a First Class RV Park as defined in Pan 3(c) hereof and facilities incidental thereto such as a
convenience store, gas station, and other services, and facilities catering to and supporting tourist and
RV trade.
(b) Conditional Immunity from Annexation. City covenants and agrees that during the term
of this Agreement, and subject to the terms and provisions hereof, the District Lands shall retain their
extraterritorial status as an industrial district for tourist -related businesses and facilities and shall
continue to retain such status until and unless the same is changed pursuant to the terms of this
Agreement. Except as herein provided, City further covenants and agrees that the District Lands shall
be immune from annexation.
(c) Description of District Lands. Landowner at its expense shall provide to City a survey
plat and field notes description of the District Lands. If Landowner acquires new land, as described
in Paragraph 4(a) hereof, which becomes included in the District Lands, Landowner shall provide to
City at Landowner's expense, a survey plat and field notes description of such new land.
(d) Application of City Ordinances Rules and Regulations. Further, with respect to the
District Lands City and Landowner agree that during the term hereof, except as otherwise set out
herein, City shall not require compliance with its ordinances, rules or regulations governing the
following matters:
(1) Zoning and Platting. Compliance with the City's ordinances, rules or regulations
governing zoning and platting of the District Lands or any additions thereto outside the City limits
shall not be required. However, in the event Landowner subdivides the District Lands, Landowner
shall comply with state law and City ordinances governing subdivision of land. Landowner shall not
be charged and shall not be required to pay any fees to the City in connection with the performance
of Landowner's obligations under the terms of this paragraph.
(2) Methods of Operations. City shall not require businesses conducted upon the
District Lands to comply with City ordinances, rules and regulations governing the method of
operations of such businesses, except as to those ordinances, rules or regulations relating to (a) the
delivery of utility services, (b) industrial waste disposal through City owned facilities and (c)
nuisances, with regard to which compliance is required.
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(3) Review of Construction Plans: No Permits or Certificates of Occupancy Required.
The City's designated Building Official or his designee shall review all construction plans as proposed
by Landowner prior to the start of construction of improvements at no expense to Landowner.
However, construction shall conform to all City building code requirements even though building
permits and certificates of occupancy will not be required. City has the right to enter upon District
Lands to verify compliance with the Building Code.
Prior to start of construction, all plans and specifications for all public works improvements
(e.g. streets, utility lines, etc.) shall be reviewed and approved by the City Engineer or his designee,
and all construction related thereto shall be inspected and approved by the City Engineer at no
expense to Landowner.
(e) Transfer of District Lands and Deferral of Platting. Whenever Landowner sells a portion
(the "Transferred Tract") of the District Lands to another tourist -related business or facility, then
platting of the Transferred Tract may be deferred under the following conditions:
(1) If a first class RV Park is not currently in operation on the District Lands Seller
shall require the buyer to use the District Lands for RV Park purposes and to meet all other
conditions set out herein as part of the consideration for the purchase; or
(2) If a first class RV Park is currently in operation on the District Lands the
Seller shall submit for approval by the City Council a site plan indicating the proposed water, sewer,
drainage, access, and street plans for said land; and
(3) Both the buyer and seller shall enter into an agreement with the City requiring the
platting by the buyer of the Transferred Tract in the event the buyer's use of the Transferred Tract
materially changes from the permitted uses described herein, or if the Landowner's Tourist Industrial
District Agreement terminates or expires without extension.
The seller shall remain solely responsible to the City for any Payments in lieu of taxes
attributable to the Transferred Tract until the buyer has entered into a supplemental tourist industrial
district agreement with the City concerning the Transferred Tract.
(0 Transfer of Responsibility for Payments in Lieu of Taxes. Whenever the Landowner
properly plats, subdivides and conveys to a buyer a portion of the District Lands, Landowner shall
furnish to the City Secretary and to the City's Tax Collector a revised Exhibit A excluding the
Transferred Tract from Landowner's District Lands effective for the calendar year next following the
calendar year in which the conveyance occurred. The revised Exhibit A shall be an amendment to
this Agreement. Seller shall remain solely responsible to the City for any Payments in lieu of taxes
for the calendar year in which the conveyance occurred. Thereafter the buyer shall be responsible for
the Payments in lieu of taxes attributable to the Transferred Tract once buyer has entered into a
supplemental tourist industrial district agreement with the City concerning said Transferred Tract.
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In the event the Landowner improperly plats, subdivides, or conveys a portion of the District Lands,
such Landowner shall remain solely responsible for any Payments in lieu of taxes applicable to such
property, including improvements thereon, as if no such conveyance had occurred.
(g) City Services. During the term hereof, City shall have no obligation to extend to the
District Lands any City services except the following ("Designated City Services"):
(1) Fire Protection. The City shall provide Landowner with standard fire protection
in the event Landowner makes additional payments to City under Article 4(d) hereof.
2. Term
The term of this Agreement shall be ten (10) years beginning April I, 1995 thru March 31,
2005 unless extended for an additional period or periods of time upon mutual consent of Landowner
and City as provided by Article 42.044 of the Local Government Code. In the event this Agreement
is not so extended for an additional period or periods of time on or before March 31 of the final
calendar year of the term hereof, then the immunity from annexation granted herein shall terminate
on that date, but all other terms of this Agreement shall remain in effect for the remainder of the
term; provided, however, the effective date and time of such annexation shall be no earlier than
midnight of December 31 of such final year of the term.
3. Improvements
(a) Construction Commenc ment. If Landowner shall fail to begin construction of a First -
Class RV Park, as defined in paragraph (c) of this Part 3, in the District within 12 months after City
notifies Landowner in writing of completion of the New Golf Course, the City may initiate
termination proceedings. The parties agree that the actual damages, beyond accrued payments in lieu
of ad valoremtaxes and other fees and charges under Part 4 hereof, that would be sustained by City
for breach of Landowner's covenant to construct a First Class RV Park as required by this Agreement
are uncertain and would be difficult of ascertainment, and that the sum of $50,000 would be
reasonable compensation for such breach. Consequently, Landowner shall place with City a $50,000
Certificate of Deposit, or financial instrument of comparable liquidity, made out on behalf of
Landowner and City, executed by Landowner and held by a Corpus Christi escrow agent for
Landowner and City, all interest to be paid to Landowner and all costs to be paid by Landowner, with
a maturity date of 8 years. Upon termination by City for Landowner's failure to construct a First
Class RV Park as required by this Agreement, City shall be entitled to redeem the Certificate of
Deposit as liquidated damages and its sole remedy, in addition to payments in lieu of ad valorem
taxes and other fees and charges under Part 4 hereof accrued as of the date of termination. The
Certificate of Deposit or comparable instrument shall be placed with the City at the time of "Closing".
The Certificate of Deposit shall be released to Landowner upon completion of the RV Park required
herein.
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(b) Non -Tourist District Facilities. Should Landowner or successor owner of any part of the
District construct, operate, sell or rent a facility other than a First Class RV Park, as defined in
paragraph (c) of this Part 3, and facilities incidental thereto, within the District, the City shall exclude
the portion of such property comprising the non -conforming use from the industrial district.
(c) First Class RV Park. Landowners shall construct or cause to be constructed on the
District Lands a First Class recreational vehicle ("RV") and camping facility which shall include, at
a minimum, the following:
(1) RV space for no less than 150 RVs, (with master plan to provide for an additional
100 RVs) with each space to include water, electrical, and sewer connections. No more than ten (10)
RV spaces shall be constructed per acre;
(2) A main office building complex with a minimum of a 2400 square foot
meeting/recreational room and commercial kitchen facilities of sufficient size to allow dinner parties
for 30 percent occupancy of all fully developed RV spaces at one time;
(3) An 800' surface area swimming pool with movable cover;
(4) Toilet and shower facilities adequate to accommodate 80 percent occupancy of
the total number of developed RV spaces and camping spaces initially built, if additional RV or
camping spaces are constructed additional toilet and shower facilities shall be constructed
contemporaneously to continue to accommodate 80 percent occupancy of all completed RV and
camping spaces;
(5) A washateria with at least 10 washing machines and 3 commercial or 5 household
clothes dryers for the initial plans, to be increased proportionately for increases in size of the RV
spaces or campsites;
(6) Security lighting;
(7) A minimum of 25 campsites offered seasonally.
(8) Recreational facilities such as volleyball courts, horseshoe pits, playground
equipment, landscaped open space, covered picnic areas. A minimum of four (4) of the above items
must be initially constructed; and when the RV Park is expanded all said recreational facilities must
be constructed.
(9) Adequate public parking (no less than 15 spaces);
(10) Appropriate landscaping with a complete sprinkler system;
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(11) A full perimeter security fence;
(12) Paved streets and pathways as needed;
(13) Holding tank disposal facility adequate to accommodate 80 percent occupancy
of the total number of RV and campsite spaces initially built and the toilet and shower facilities, etc.;
and if additional RV and campsite spaces, are constructed the holding tank capacity shall be increased
to continue to accommodate disposal for 80 percent occupancy; and
(14) A source for supplying liquid propane, butane, or compressed natural gas shall
be available within one (1) mile of the District Lands.
The above minimum standards may be modified by the City Manager, upon
Landowner's request, as long as the changes conform in spirit with the overall development
plan set out herein.
(d) Underground Utilities. Landowner agrees that all future electrical, phone, and cable lines
shall be placed underground.
(e) Signage. The City consents to erection of the following signage on the District Lands:
One (1) 80 feet tall sign, four (4) 25 feet tall signs with a total of 290 square feet of sign surface
divided between the five (5) signs for the RV Park, and wall signs allowed for all remaining facilities
(convenience store, gas station, etc.). Any additional signs shall conform to the sign approval process
as if the District Lands were located within the City limits.
(f) Consistent With T -1A Zoning Requirements. The RV Park developments will be
consistent with the City's T -1A zoning requirements, except for signage which shall be as set out
above, even though zoning will not be required during the life of the District.
(g) City Utility Connections. City shall, at no cost to Landowner, make available to
Landowner the opportunity to, and permit Landowner to, connect to and use the following City
utility services: water, gas and wastewater.
4. Landowner Payments and Collection
an Assessment Procedures
Each year during the term hereof, each Landowner shall pay to City the following payments
(collectively "Payments"):
(a) Land Payment. An amount in lieu of taxes on said District Lands (excluding
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improvements and personal property located thereon) equal to 100 percent of the amount of ad
valorem taxes based on the fair market value of the District Lands which would otherwise be payable
to City if the District Lands were within the city limits. Provided, however, that until District Lands
are developed and as long as they remain vacant said vacant portions of the District Lands shall be
valued for "Agricultural Use" or "Qualified Open Space" valuations under Sections 23.41 et seq and
23.51 et seq of the Property Tax Code, as it may be amended, rather than fair market value, so long
as Landowner maintains their qualification for such designation.
With respect to any "new land" acquired by Landowner after January 1, 1995, located in the
extraterritorial jurisdiction of City, and the use of which relates directly to the primary use of the
District Lands, such new land at Landowner's election shall be included in the District Lands, and
shall be considered in calculating the in lieu of tax Land Payment on District Lands, as ofJanuary 1
of the first year following the date which such new land is acquired and designated by Landowner as
District Lands. In addition, Landowner shall provide City Secretary a revised Exhibit A which
includes a complete metes and bounds description of such new land. The new Exhibit A shall become
part of this Tourist Industrial District No. 1 Agreement.
(b) Existing Improvements Payment. Additionally, Landowner shall pay to the City an
amount (the "Existing Improvements Payment") in lieu of taxes on improvements (excluding personal
property) located on the District Lands equal to sixty (60%) percent of the amount of ad valorem
taxes which would otherwise be payable to the City by Landowner if said improvements were situated
on land within the city limits of the City. "Improvements" shall include a recreational vehicle camp
area with showers, restrooms, utility hookups, RV parking pads, RV waste disposal system, service
station, convenience store, and other tourist -related services.
(c) New Improvements Payment. With respect to any "new improvements or facilities",
which are hereby defined as those being completed after January 1, 1995, Landowner shall pay to the
City an amount ("New Improvements Payment") equal to six percent (6%) each for the first and
second years of use, seven percent (7%) each for the third and fourth years of use, and eight percent
(8%) for each year of use thereafter rather than the percentages of the amount of ad valorem taxes
as calculated in paragraph (b) above, i.e., 12% the second year in use, 19% the third year in use, 26%
the fourth year in use, 34% the fifth year in use, etc. Payments under this provision shall never
exceed sixty percent (60%) of the amount of ad valorem taxes which would otherwise be payable to
the City by Landowner if the new improvements were situated on land within the city limits of the
City. The first year of use for purposes of this New Improvements Payment shall be deemed to
commence on the 1st day ofJanuary next following the date which the new improvements are placed
in use. This provision shall apply to construction of new improvements or facilities and to the
expansion of existing improvements or facilities on the District Lands. New improvements or
facilities not included within this Paragraph (c) shall be deemed to be included within the provisions
of Paragraph 4(b) above.
(d) Fire Protection Fee. Landowner agrees to pay the City an additional amount (the "Fire
Protection Fee") for city fire protection services equal to fifteen percent (15%) of the amount which
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would be payable on 100% of assessed value of improvements located on said District Lands
notwithstanding and in addition to the provisions of Paragraphs 4(b) and 4(c); provided, however,
that if and as long as Landowner is providing for Landowners own fire -fighting services under Article
42.044, of the Local Government Code, Landowner shall not be obligated to pay the additional
amount provided by this paragraph (d).
(e) Alternate Calculation. At the request of Landowner, an alternative to the method of
calculation set forth in paragraphs (a) through (d) above, the Landowner may make a payment which
is determined by considering using the method of calculation set forth in paragraphs (a) through (d)
above, said land and all other lands contiguous to said land, or forming an integral part of
Landowner's primary operation located on said land, owned by Landowner inside the city limits as
if all the value ofLandowaefs lands above described and improvements thereon were outside the city
limits, and deducting from the amount which would otherwise be due from such calculation the
property taxes actually due to City resulting from the assessed values of land and improvements,
excluding personal property, located inside the City. If Landowner selects such alternative procedure,
the amount due to the City under this section shall be the resulting difference. In addition,
Landowner shall provide City, by attaching hereto as Exhibit "A", a complete description of the lands
contiguous to said land, or forming an integral part of Landowners primary operation located on said
land, owned by Landowner inside the city limits.
With respect to any land acquired by Landowner after January 12, 1995, located inside the
city limits, which is contiguous to said land, or forms an integral part of Landowner's primary
operation located on said land, such new land may be considered in the alternative method of
calculating the in lieu of tax payment as stated above, as of January 1 of the first year following the
date which such new land is acquired by Landowner. Landowner shall provide City a new or revised
Exhibit "B" which includes a complete description of such new land.
(g) Water. Gas and Wastewater Rates. In addition to the Payments in lieu of taxes
provided in this Article 4, Landowner will be charged the standard outside -the -city limit ("OCL")
rates for water, gas, and wastewater service.
(h) Rendition. On or before September 1 of each year during the term of this Agreement,
Landowner shall provide to the City's Tax Collector a written statement of Landowner's opinion of
the fair market value ofthe District's Lands for that portion of the District Lands which are qualified
for the Agricultural Use or Qualified Open Space Value and its opinion of that value, its opinion of
the fair market value of Existing and New Improvements, sworn to by Landowner (or an official of
Landowner authorized to do the same, if Landowner is ever other than a natural person).
(i) Deadline for Payment. Landowner agrees to pay to City on or before January 31 of
the year following each year during the term hereof all Payments in lieu of taxes provided for
hereunder without discount for early payments.
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(j) Ratios. The present ratio of ad valorem taxes assessment used by City is one hundred
percent (100%) of the fair market value of property. Any change in such ratio used by City shall be
reflected in any subsequent computations hereunder. This Agreement and the method of determining
and fixing the amount of in liar of taxes payments hereunder shall be subject to all provisions of law
rebating to determination of market value and taxation, including, but not limited to, laws relating to
rendition, assessment, equalization, and appeal.
(k) Aoolicable Meth ds. Procedures and Appeals. This Agreement and the method of
determining and fixing the amount of in lieu of taxes Payment hereunder shall be subject to all
provisions of law relating to determination of market value and taxation, including, but not limited
to laws relating to rendition, assessment, equalization, and appeal.
(I) Protest. In the event Landowner elects to protest the valuation set on any of its
properties by City for any year or years during the term hereof; it is agreed that nothing in this
Agreement shall preclude such protest and Landowner shall have the right to take all legal steps
desired by it to reduce the same u if such property were located within the City. Notwithstanding
any such protest by Landowner, Landowner agrees to pay to City an initial in lieu of tax Payment on
or before the date therefor hereinabove provided, in at least the amount of the Payments in lieu of
taxes on the District Lands and improvements which would be due by Landowner to City hereunder
on the basis of renditions filed by Landowner with City's Tax Collector for that year or on the basis
of the assessment thereof for the last preceding year, whichever is higher. When the valuation of said
property has been finally determined, either as the result of final judgment of a court competent
jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days
thereafter Landowner shall make to City an additional payment due based on such final valuation.
If as a result of final judgment of a court of competent jurisdiction, or as the result of other final
settlement of the controversy, the valuation of Landowners property is established as an amount less
than the amount used to compute the initial in lieu of tax Payments for such year by Landowner, then
within thirty (30) days thereafter City shall make to Landowner any payment due based on the
difference between the initial payment and that which is computed based on the final settlement.
5. Remedies
(a) Termination. Collections and/or Other Action. In the event Landowner or any
successor fails or refuses to comply with all or any of the terms, conditions, and obligations herein
imposed upon the Landowner, including without limitation the failure to begin to construct a First
Class RV Park in accordance with the requirements set out herein within twelve (12) months after
notification of completion of the New Golf Course, or if Landowner allows any sexually oriented
business to be operated upon any District Lands, then this Agreement may be terminated as to such
Landowner's District Lands at the option of City and/or the City may elect to sue to recover any sum
or sums remaining due under Part 4 hereof on the date of termination or take any other action which
in the sole discretion of the City it deems best. Such recovery shall be exclusive of and in addition
to the liquidated damages described in Part 3(a), which liquidated damages are not intended to cover
payments in lieu of ad valorem taxes and other fees and charges under Part 4 which have been
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accrued as of the date of termination and any penalties, interest, attorneys fees and other costs which
may accrue to same before full discharge. Prior to terminating this Agreement due to a "breach" or
"default" hereof by Landowner, the City shall afford Landowner advance written notice of the alleged
breach or default, reasonable opportunity to cure and hearing before the City Council. City will notify
Landowner of termination by certified mail, return receipt requested and termination will be effective
sixty (60) days after the certified letter is mailed. In the event the City elects to sue to recover any
sum due under this Agreement, the same penalties, interest, attorneys fees, and cost of collection shall
be recoverable by the City as would be recoverable in a suit to recover delinquent ad valorem taxes.
(b) Lien. City shall be entitled to a tax lien on said District Lands and improvements, in the
event of default in payment of the in lieu taxes Payments hereunder, which may be enforced by City
in the same manner as provided by law for the collection of delinquent ad valorem taxes.
(c) Enforcement by Landowner. In the event City breaches this Agreement by annexing or
attempting to pass an ordinance annexing any of the said District Lands, Landowner shall be entitled
to enjoin City from the date of its breach for the balance of the term of this Agreement, from
enforcing any annexation ordinance adopted in violation of this Agreement, and from taking any
further action in violation of this Agreement. If Landowner elects to pursue this remedy, then so long
as City specifically performs its obligations hereunder, under injunctive order or otherwise,
Landowner shall continue to make the annual payments required by this Agreement.
(d) )Ton tourist "industry" use payment. In the event Landowner uses, or permits use
of the land and improvements covered by this Agreement for purposes not included within the teen
tourist "industry" as contemplated in Section 1(a) hereof, the payment in lieu of taxes to be paid by
Landowner under this Agreement shall be increased to an amount equal to one hundred percent
(100%) of the amount of ad valorem taxes on land, improvements, and personal property sited on
such portions of the District Lands which would otherwise be payable to City by Landowner if said
non -conforming improvements were situated on land within the city limits of City. Such increase
shall be immediately effective for all payments from the inception of this Agreement, and Landowner
shall transmit to the City within 10 days of being notified by City of the determination of a non -tourist
industry, an amount equal to said one hundred percent (100%) of ad valorem taxes from the inception
of this Agreement less any amounts previously paid plus penalties and interest as if such amounts
were delinquent taxes. City shall be entitled to its attorneys fees and other costs in collecting any
such amounts. In addition, City shall have the right, in its sole and absolute discretion: (1) to obtain
an injunction from a court of competent jurisdiction, upon the court's determination that the use is
not a tourist "industry" use, requiring that the use be permanently discontinued, or (2) to annex the
portion of the District Lands devoted to the non -conforming use. Until the land is annexed,
Landowner shall continue to make payments equal to said one hundred percent (100%) of ad valorem
taxes.
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6. Miscellaneous
(a) Annexation/incorporation .y another municipality. If any attempt to annex any of
said land owned, used, occupied, leased, rented or possessed by Landowner, is made by another
municipality, or if the incorporation of any new municipality should be attempted so as to include
within its limits such land or property, the City shall seek a temporary and permanent injunction
against such annexation or incorporation, with the cooperation of Landowner, and shall take such
other legal action as may be necessary or advisable under the circumstances. The cost of any such
legal action shall be borne equally by the parties hereto; provided, however, the fees of any special
legal counsel shall be paid by the party retaining same.
In the event City and Landowner are unsuccessful in obtaining a temporary injunction
enjoining such attempted annexation or incorporation, Landowner shall have the option of (1)
terminating this Agreement, effective as of the date of such annexation or incorporation, or (2)
continuing to make the in lieu of taxes payments required hereunder. Such option shall be exercised
within thirty (30) days after the application for such temporary injunction is denied. In the event
Landowner elects to continue such in lieu of taxes payments, the City shall place future payments
hereunder together with part of the payment for the calendar year in which such annexation or
incorporation is attempted, prorated to the date such temporary injunction or relief is denied, in a
separate interest-bearing escrow account which shall be held by City subject to the following:
(a) In the event final judgment (after all appellate review, if any, has been exhausted)
is entered denying a permanent injunction and/or upholding such annexation or
incorporation, then all such payments and accrued interest thereon shall be refunded
to Landowner; or
(b) In the event final judgment (after all appellate review, if any, has been exhausted)
is entered granting a permanent injunction and/or invalidating such annexation or
incorporation, then all such payments and accrued interest thereon shall be retained
for use by City.
(b) Benefits extend to Landowner's affiliates The benefits accruing to Landowner
under this Agreement shall also extend to Landowner's "affiliates" and to any properties presently
owned or acquired by said affiliates within the area described in Exhibit "A" to this Agreement, and
where reference is made herein to land, property and improvements owned by Landowner, that shall
also include land and improvements presently owned by its affiliates. The word "affiliates" as used
herein shall mean (1) all entities with respect to which Landowner directly or indirectly, through one
or more intermediaries at the time in question, owns or has the power to exercise control over fifty
percent (50%) or more of the voting rights, or (2) Landowner's Trustees, Grantors and beneficiaries.
(c) Successors and Assigns. This Agreement, including without limitation the obligation
to construct a First Class RV Park, shall inure to the benefit of and be binding upon City and each
A05003.003.vr
1 cMi=r, i' IHIYHUCI'ICI11
D1C 00U
12
Landowner, and upon each Landowner's heirs, successors and assigns, affiliates, and subsidiaries, and
shall remain in force whether Landowner sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the District Lands, and the agreements herein
contained shall be held to be covenants running with said land for so long as this Agreement or any
extension thereof remains in force.
(d) Platting. Whenever the Landowner properly plats, subdivides and conveys to a buyer
other than an affiliate a portion of the District Lands described in Exhibit "A", Landowner shall
furnish to the City's Collection Section and to the City Secretary a revised Exhibit "A", which revised
exhibit shall constitute an amendment to this Agreement, effective for the calendar year next
following the calendar year in which the conveyance occurred. Landowner (seller) shall remain solely
responsible for any payments in lieu of taxes for the calendar year in which the conveyance occurred.
Thereafter, the buyer shall be responsible 1br such payments including any rollback payments. In the
event the Landowner improperly plats, subdivides, or conveys a portion of the District Lands,
Landowner shall remain solely responsible for any payments in lieu of taxes applicable to such
property, including improvements thereon, and including any rollback payments, as if no such
conveyance had occurred.
(e) Procurements. In all of its procurements, including, but not limited to, procurements
of supplies, materials, equipment, service contracts, construction contracts, and professional services
contracts, the Company shall use reasonable efforts to procure same from businesses located within
Nueces and San Patricia Counties unless same are not reasonably and competitively available within
said area. The Company shall make reasonable efforts to determine local availability and
competitiveness but shall not be required to maintain records regarding this requirement other than
those normally kept in its usual course of business.
(f) Severability. In the event any one or more words, phrases, clauses, sentences, paragraphs,
sections, articles, or other parts of this Agreement or the application thereof to any person, firm,
corporation, or circumstances shall ever be held by any court of competent jurisdiction to be invalid
or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such
words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be
deemed to be independent of and separable from the remainder of this Agreement and the validity of
the remaining parts of this Agreement shall not be affected thereby.
AG5003.003.w
�T__
14
LANDOWNER ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF NUECES )
This instrument was acknowledged before me on (&L) Off' , 1995, by Garnett T.
Brooks, DI, Co -Trustee of the Brooks 1994 Family Trust.
STATE OF TEXAS
COUNTY OF NUECES
41/1/Yi • &1 -61(1L -
Name: Sct il-nl C Grob e
Notary Public, State of Texas
My Commission expires: 310-11 -1
LANDOWNER ACKNOWLEDGEMENT
This instrument was acknowledged before me on F-'0)2- I , 1995, by Laura Ann
Brooks, Co -Trustee of the Brooks 1994 Family Trust.
49tO
Naive: Swan C . Grebe.
Notary Public, State of Texas
My Commission expires: 3/( /c77
CITY OF CORPUS CHRISTI'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 1995, by Juan Crarza
as City Manager of the City of Corpus Christi, Texas, a Texas municipal corporation, on behalf of
said corporation.
AGS0a3.0113..r
T --
Name:
Notary Public, State of Texas
My Commission expires:
15
EXHIBIT A
District Lands
A tract of land containing approximately 97 acres located in Nueces County, Texas and being
bounded on the east by River Lane, on the south by Zamora Street, on the west by Sharpsburg Road
and the mainline right-of-way of the Union Pacific Railroad and on the north, by the right-of-way for
an existing CP&L power line, band being the same property described in that certain Warranty Deed
dated October 31, 1994 and recorded as document #939583 on November 28, 1994 in the official
records of Nueces County, Texas
A05003.003.w
TOTAL P.03
T r
1.61 Iusa Y..-- .._--
alt other previously existing tourist industrial district agreements with respect to same fano 5aan
terminate.
ENTERED into thla day or , 19
•
�n �4 1 . t'1il r<-Bh -W—
Claniett T. Brooks, III
Co -Trustee of The Brooks 1994 Family Trust
EY'
ct fin, VM
aura Ann Brooks
Co -Trustee of' The Brooks 1994 Family Trust
(Landowner)
ATTBST:
City Secretary
CITY OF CORPUS CHRISTI
By
City Manager
APPROVED THIS a4 DAY OF ,i-1 4�y , 19 9 5
CITY ATTORNEY
Sy, 4-C Errs %u
Alison Qailawey
Assistant City Attorney
AG10G1.001.vf
That the foregoing ordinance was read for the first time and passed to its second reading on this the
Ih
76 day of 1� br 1 , 19
Mary Rhodes l t 11[i,
Dr. Jack Best Rip
Melody Cooper
Cezar Galindo nn
Betty Jean Longoria oo�P
That the foregoing ordinance was r d for the second time and passed finally on this the 1`t day
of MOW kI , 19 , by the following vote:
by the following vote:
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
aky
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
PASSED AND APPROVED, this the 14 -
ATTEST:
City Secretary
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
day of 11/4461 -YC ji
APPROVED: 0?-::.; DAY OF 1±14.,t.A. Q -LE
JAMES R. BRAY, JR., CITY ATTORNEY
�
r�
By: `�,fil.(A-7AG Pa,u
Alison Gallaway
Assistant City Attorney
95ag5000.671
,1915.
MAYOR
THE CITY OFCORPUS CHRISTI
, 19`x,_
022183