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HomeMy WebLinkAboutC2008-174 - 5/20/2008 - NARENEWAL AGREEMENT WHEREAS, the City of Corpus Christi (City) and Kamping Pleasures Inc., dba Lake Corpus Christi KOA Kampground (Lessee) entered into a Lease, authorized by Ordinance No. 023384, to allow operation ofi a campground and related activities on land owned by the City for a period of ten (10) years beginning on July 24, 1998, and renewable for two (2) additional five (5) year terms {attached and incorporated herein as °Exhibit A". WHEREAS, the initial ten {10} year Lease expires July 24, 2008, and Lessee had requested in writing the Lease for the first five (5) year term under the renewal clause; NOW, THEREFORE, the Lease between the City and the Lessee authorized by Ordinance No. 023384; is renewed for 15t option a five {5) year term. 1. The term of the Lease is extended from July 24, 2008, to July 24, 2013. 2. The base quarterly rent is adjusted to $2,110.62 or 3.0% of quarterly gross sales less sales taxes, whichever is greater. 3. All other conditions and requirements of the Lease remain unchanged. ATT T: Armando Chapa City Secretary Date: ° ~ CITY OF CORPUS CHRISTI By: eorge K. Noe City Manager THE STATE OF TEXAS COUNTY OF NUECES ~ M re me on r ~ ~ ~ 2008 This instrument was acknowledged befo , by George K. Noe, as City Manager, for the City of Corpus hristi. ~~~~-.. -~~~' ~"~; cor~ui~ PaR~cs "~ '= MYCOMtNl5SIOMEXPIHES ~;._ ..;* .,_. __.~e ~~~ Notary Public in and for the State of Texas 2008-174 05/20/08 90015 Property MgmtlRenewal Agreement KOA 041508.doc Kamping Pleasures, Inc. APPRO D AS TO FORM: This day of , 2008 By: Veronica Ocanas Assistant City Attorney For Ci#y Attorney fay: /~~%~.. Robin Sargent, Presi ent Kamping Pleasures., Inc. Dba Lake Corpus Christi KOA Kampground Date: S l ~'~~4 ~ _ THE STATE OF TEXAS COUNTY OF ~~+? k This instrument was acknowledged before me on N1GZU ~ ~ 2008 by ~Ob~~l ~-~rc~e1'~.-~ as Lessee. `~ V~~ `~.~ " Notary Public in and for the State of Texas ~, - y 9~. ~ F o~ ~ti~ ,,,~~~~`. J ~ z 7fl4~. ,~~`~ H:IHOME1NormaRlFormsIRENEWAL AGREEMENT.doC TEN-YEAR LEASE F4R DAMPING PLEASURES, INC. THE STATE OF TEXAS COUNTY OF LIVE OAK § KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT, made and entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and Kamping Pleasures, Inc., DBIA Lake Corpus Christi KOA Kampground, a Texas Corporation with its ofTice and principal place of business Lake Corpus Christi KOA, Route 1 Box 158B, Mathis, Live Oak County, Texas 78368 ("Lessee"); 1. Premises. a. In consideration of the rents herein, City leases Lessee forty (40) acres, together with the improvements located thereon, situated in Live Oak County, Texas, described in Exhibit "A" and Exhibit "B" as follows: See Exhibit "A" attached hereto for metes and bounds description of leased property ("Premises"). See Exhibit "B" attached hereto for Vicinity Map. b. This Lease is made subject to all valid oil, gas, and mineral leases and all pipeline transmission and all other right-of--ways, including an easement from Hallie T. Boothe to the Missouri-Pacific Railroad dated December l a, 19SS, recorder] in Volume 173, Page 518, Deed Records of Live Oak County, Texas. City reserves the right to lease the Premises for oil, gas, and other mineral exploration and production. c. Lessee has the right of access to Lake Corpus Christi along the area where the Premises are bounded by the contour line of the 94-foot elevation on, over, and across the lands of City below the contour line of the 94-foot elevation to whatever level the water of the reservoir may be from time to time at all times during this Lease. d. Lessee assumes the sole responsibility for the entire cost and construction of any and all improvements that it requires for the Premises. 2. Permitted Uses. a. Tl~e Premises may only be used and for the operation of a campground and related activities normal and customary to such business. 7-z~-ss Ord. Q23384 b. Such campground must be operated as a public accommodation at all times, without any limitation as to race, color, or other unreasonable limitation or private membership requirement, at nondiscriminatory rates, which must be prominently posted on the campground. Lessee must comply with applicable American Disability Act (ADA) requirements. 3. Term. This lease is for a term of ten (10} years, beginning on the 61st day after final Council approval with two (2) S-year options to renew with City Manager's approval. City Manager's approval will not be unreasonably withheld. 4. Rental. a. Lessee must pay the City $1,650 quarterly (4 times per year} or 3.0 percent of quarterly gross sales less sales taxes, whichever is greater, for first ten (10) years of the contract. Each quarterly payment is due in advance on or before the 10th day of the first month of the next succeeding quarter for the term of the lease. Rental should be reported quarterly using a Statement of Gross Revenues form provided by the City. An operations financial statement should be provided with the payment made at the end of the calendar year. Any payment received after the due date will be penalized 4 percent of the quarterly payment for each payment period that the payment is late. b. Subject to the renewal option provisions of Section 1$ of this Lease, the quarterly rental may be adjusted at the beginning of the first 5-year option renewal period of the lease (the "Adjustment Date") to reflect increases in the Consumer Price Index (CPI} for "All Urban Consumers, Houston-Galveston-Brazoria (HGB}, Texas Average, All Items", issued by the Bureau of Labor Statistics of the United States Department of Labor, or such other Southwest Region CPI that is available if the HGB Index is not available from the Department of Labor at the time of adjustment. The adjustment in this quarterly rent may be determined by multiplying $1,650 by a fraction, the numerator of which is the index number for the December prior to the Adjustment Date (the "Current Index") and the denominator of which is the index number for December I997 (the "Base Index"). The formula showing the 2008 adjusted quarterly rent is shown below. The quarterly rental must never be less than $1,650. Adjustment Formula: X1,650 x [CPI for Current PeriodlCPI for Base Index (December 1997,145.6)] =Quarterly Rent for Current Period $1,650 x CPI Dec. 200$1145.6] =Quarterly Rent c. Lessee must keep accurate books and records of its Gross Sales. City Manager, or designee ("City Manager"), may audit Lessee's books and records at any time to verify Lessee's Gross Sales for any period within three {3}years prior to the audit. This includes, but is not limited to, all documents related to the conduct of business such as: General Ledgers, Accounts Receivables and Payables, Sales Journals, Inventory Records, daily or periodic summary reports, cash register or computer terminal tapes, bank deposit slips, bank statements, and tax reports to State and Federal H:1LGG-DIRIDIANNAI3FRRY1i:AMP-ID.AGR(dkw) 2 agencies . if the audit shows that Lessee has understated Gross Receipts by 4 percent or more, the entire expense of the audit must be paid by Lessee. Lessee must also provide annual certifed financial statement to City. Any additional payments due City must be paid by Lessee to the City, with annual interest of 15 percent from the date the payment became due. Lessee must make its books and records available at City Hall, 1201 Leopard Street, Corpus Christi, Texas, at such time as required by City's Auditor. d. All rental payments must be made to City at the following address: City of Corpus Christi Director of Finance P.O. Box 9257 1201 Leopard Street Corpus Christi, Texas 78469-4257 or at such address as is agreed upon in writing between the parties hereto, as set out in Section 24 below. 5. Peaceful Enjoyment. Lessee may peacefully have, hold, and enjoy the Premises, subject to the other terms hereof and subject to Lessee paying the rentals herein recited and performing all of its covenants and agreements herein. 6. Two-Mile Exclusivity. City expressly covenants not to grant any other lease permitting this use on any property City owns or controls within a radius of two miles of the Premises without affording Lessee an option of first refusal to lease same upon substantially the same terms herein. 7. Financing. a. City recognizes that Lessee may borrow funds to construct the Structures or Buildings, or for other purposes, secured by a first lien on security which includes Lessee's interest in the Structures and Buildings and the leasehold estate for the Premises. The fee simple estate of City in the surface estate btudened by Lessee's leasehold estate must not be subject to such lien, and the lien instrument must contain the following language, or other similar language, approved by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Kantping Pleasures, Inc., by and between the City of Corpus Christi, as Lessor, and Kamping Pleasures, Inc., as Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi." H:1l,EG-DIRIUTA[~lNA1J ERRYIKAMP-1 o.AGR(dkw) b. In the event of any foreclosure by any lender of a lien or liens on the Structures or Buildings and the leasehold estate in the Premises, such lender or other purchaser at foreclosure and its successors and assigns shall succeed to all rights, privileges, and duties of Lessee, including without Limitation the duty to pay rent, S. Utilities. Lessee must pay prior to the past due date the costs of all gas, electricity, water, heat, or other utilities furnished to or used by Lessee on the Premises. Any lake and/or well water usage must be under separate contract with the City, and all bills will be due when invoiced. 9. Improvements. a. Lessee shall provide on the Premises a good road network, a boat ramp, a sanitary sewer system with restroom facilities reasonably designed to accommodate the number of campers provided far, an adequate electrical system, adequate drinking water, individual campsites and picnic sites, nature trails, and concession buildings to fully utilize the Premises as a campground in keeping with the protected terrain provisions of this Lease. b. All construction and repairs must be done in accordance with recognized and acceptable safety, environmental, and construction practices and procedures. c. Warning signs must be posted on all piers and docks prohibiting diving ar swimming from the piers or docks. Signs must be maintained in goad order and may be inspected by the City periodically. d. Any physical additions, or other improvements when made to the Premises by Lessee, remain Lessee's property, and if Lessee is not in default hereunder, Lessee may remove any such improvements. Lessee must not in any manner disturb the water wells, sanitary and electrical systems, and the campsite and road developments but must deliver up the Premises to City in good condition, fair wear and tear and damage by fire and the elements only excepted. 10. Maintenance and Repairs. a. Lessee must clean, landscape, and maintain the Premises to preserve the natural terrain and growth, which protects against erosion and excessive removal of natural growth, and must keep the Premises free from debris and refuse and in a clean and sanitary condition at all times. b. Lessee must safely maintain the Structures, Buildings, and Utility Services and regulate their use and occupancy so that there is no hazard or danger to the persons or property on or at the Premises. Further, all Lessee's use and occupancy of the Structures and Buildings must comply with all applicable federal, state, and loco! laws, rules, and regulations. if Lessee's construction, use or maintenance of any Structures or Building causes any damage to the Premises, Lessee must repair or replace the Premises to the equivalent improvement existing prior to the damage. At expiration, Lessee must deliver the Premises in good order and condition, natural wear and tear excepted. Upon such termination, City has the right to reenter Ii~.1LE(i-lJIRIDIAN NAI3ERRY1>LAM!'-! O.AG R(dkw) and resume possession of the Ptemise. 11. Entry for Inspection. City, by its officers, agents, employees, or representatives, may enter upon any and all parts of the Premises at all reasonable times to inspect said conditions of the Premises. 12. Sanitation. Lessee must store garbage and trash in designated azeas within the campsite and must use dumpster type containers as the larger collection facilities. Such containers must be housed in a small building ,screened, or at appropriately landscaped areas}, at Lessee's's expense and as approved by the Water Supply Superintendent or his representative. The garbage container area must be landscaped and maintained by Lessee. Lessee must obtain garbage pickup to keep Premises free from odor and pests. Nothing must be stored outside either the dumpster itself or the dumpster housing. 13. Signs and Lighting. Exterior signs and lighting must meet acceptable architectural standards and be in compliance with applicable building code requirements. 14. Hurricane Preparedness. if the Carpus Christi area is threatened by a hurricane or some other emergency situation, Lessee must comply with directives of the Water Supply Superintendent or his authorized representative pursuant to the hurricane preparedness plan, as shown on Exhibit PLC". 15. Independent Contractor. Lessee's is an independent contractor under the Lease. Lessee shall employ sufficient employees to operate the business, which employees are solely in the employ of Lessee. 15. Non-discrimination. Lessee is responsible for the fair and just treatment of alI of its employees. Lessee warrants that it is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, creed, color, or national origin. Violation of this provision is grounds for the City to immediately terminate this Iease. 17. Legal Use. Lessee must not occupy ar use, or permit any portion of the Premises to be occupied or used, for any business or purpose which is unlawful, or deemed to be disreputable, or a nuisance or hazardous, k1;1LEG-pIR1UlANNA~f ERRYIKA MP-1 O.AGR(dk~~~) 18. Renewal Option and Holding Over. At the termination of the initial ten { l 0) year term of this lease, the City agrees to give the Lessee an option to extend this Lease for an additional five (5} year period upon the same terms and conditions and at a rental to be negotiated at that time, and at the expiration of such five- year extension, Lessee is granted an additional option to extend this Lease for a second additional five (5}year period upon the same terms and conditions and at a rental to be negotiated at that time provided, however, City Manager may decline to so extend such Lease at either extension period. City Manager's approval will not be unreasonably withheld. 19. Assignment or Sublease. a. Lessee will not, without the prior written consent of the City, which will not be unreasonably withheld, assign this Lease. Any attempted assignment without the prior written consent of the City may render this Agreement null and void. b. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee, and is partial consideration for City's consent to the assignment. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition herein may render this Lease null and void. 20. Default. a. Default of Lessee. if Lessee fails to pay the rental due hereunder, or defaults in performing any other term, covenant, or condition of this Lease, the City may after fifteen (15) days written notice to Lessee declare this Lease terminated, and City staff may immediately reenter the Premises and remove all persons without legal process and without prejudice to any of its other legal rights, and Lessee expressly waives (1) all claims for damages by reason of such reentry and {2) al! clairr~s for damages due to any distress warrants or proceedings of sequestration to recover the rent or possession of the Premises from Lessee. City may not declare this Lease terminated if, within fifteen (i S) days after notice of any default, Lessee fully cures such default. b. Default of City. If City defaults in the performance of any covenant or agreement herein contained, which continues for 30 days after Lessee's written notice to the City Manager as set out below, then Lessee owes no rent for so long as the default continues after the expiration of the thirty (30) days notice. Lessee may declare the Lease ended and may vacate said Premises and owe no further rent and have no further obligations under this Lease, or Lessee may pay any sum necessary to perform any of City's Lease obligations and deduct the cost of same, with interest, from the rents to become due under the Lease. City's performance of each and every agreement herein is a condition precedent to City's right to collect rent or to enforce this Lease against Lessee. c. A waiver by either Party of any breach or breaches of any of the provisions of this Lease is not deemed a continuing breach as long as the default continues. E 1:1LEG-DIRIDIANNAIIERRYII:AMP-E O.AGR(dkw) d. If connection of any default reasonably requires a period exceeding thirty (30) days, the non-defaulting Party will grant a reasonable extension. 2I. Attorney's Fees. In the event Lessee makes default in the performance of any of the ternls, covenants, agreements, or conditions contained in this lease and City places the enforcement of this lease or any part thereof, or the collection of any rent due or to become due hereunder or recovery of the possession of the demised premises, in the hands of an attorney, or files suit upon same, Lessee agrees to pay City reasonable attorney's fees and payment of the same shall be secured in a like manner as herein provided as to security for rent. 22. Waiver. Failure of City to declare any default immediately upon occurrence thereof or delay in taking any action in connection therewith shall not waive such default, but City shall have the right to declare any such default at any time and take such action as might be lawful or authorized hereunder either at law or in equity. 23. Bankruptcy. If voluntary bankruptcy proceedings are initiated by anyone else to adjudge Lessee as bankrupt, or if execution is issued against it, or if the interest of Lessee in this contract passes by operation of law to any person other than the City, this Lease may, at the option of the City, be terminated by notice addressed to Lessee at the Premises and posted in the United States mail. 24. Abandonment. If the Premises are abandoned or vacated by Lessee, City zxzay relet the same for the remainder of the period covered hereby, and if the rent received through such subletting is not at least equal to the guaranteed rent provided far hereunder, Lessee shall pay and satisfy any deficiencies between amount of the rent called for and that received through subletting. 25. Notice and Addresses. a. All notices, demands, requests, or replies provided for or permitted by this Lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid to the addresses stated below; (3) by prepaid telegram; or {4} by deposit with an overnight express delivery service at: If to City: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Director of Engineering Services If to Kamping Pleasures, Inc: Lake Corpus Christi KOA Route 1 Box 158B Mathis, Texas 78368 Attn: Mr. Rabin Sargent H:1LEG-pIRIbIANNAUERRYI}:AMP-1 D.AGR(dkw) b. Notice deposited with the United States Postal Service in the manner described above is deemed effective on the third day after deposit. c. Notice by telegram or overnight express delivery service is deemed effective one business day after transmission to the telegraph company or overnight express carrier. 2ti. Modifications. No changes or modifications to the Lease may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 27. Delinquency. Lessee is "delinquent" or "in default" if the City has not received Lessee's quarterly rental payment on or before 5:00 p.m. on the 10th day of the month following the calendar month for the quarter far which the rental obligation accrues. If the 10th day falls on a weekend or a holiday, payment may be tendered on the first business day thereafter. Lessee's failure to pay the amount due or provide the within five {S) days after the City Manager so requests in writing is grounds to terminate this Lease. 28. Insurance. a. Lessee must provide insurance in the amounts and types of coverage required by the City Director of Risk Management, or his designee, ("Risk Manager"}, a copy of which is attached and incorporated as Exhibit `°D". Lessee's insurance company{ies) must provide the Water Supply Superintendent and the Risk Manager certificates} of insurance thirty (30) days prior to the annual anniversary date of the Effective Date of the Lease, which shows the level and type of insurance. Lessee's insurance company{ies) must provide the Water Supply Superintendent and Risk Manager thirty (30) days notice, by certified mail, prior to cancellation, non-renewal, or material change in the insurance policy(ies). b. The Risk Manager will annually assess the level and types of insurance required by the Lease. The Risk Manager can increase or decease the level or types of insurance by giving Lessee notice no less than sixty (60) days prior to the annual anniversary date of the Effective Date of the Lease. Lessee has thirty (30) days to procure the changed insurance and provide written proof of insurance to the Water Supply Superintendent and the Risk Manager. 29. Indemnity. a, Lessee covenants to indemnify and hold harmless City, its officers, employees, or agents ("Indemnitee") from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against City on account of injury or damage to person(s) or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part , by an act or omission, negligence, or misconduct on the part of Lessee or any of its agents, servants, k I:1Li:Ci-DI Rlpl AiYNAII ERRYIKAMP-I tl.AGR(dkw) employees, contractors, patrons, guests, licensees, sublessees, or invitees entering upon the Premises ar the structures pursuant to this Lease with the expressed or implied invitation or permission of Lessee (collectively "Lessee's Invitee") or when any such injury or damage is the result, proximate or remote, of the violation by Lessee, or Lessee's Invitee of any law, ordinance, or governmental order of any kind, ar when any such injury or damage may in any other way arise from or out of the structures located on the Premises herein or out of the use or occupancy of the structures an the Premises or the Premises itself by Lessee, or Lessee's Invitee. b. Lessee covenants and agrees that in the event the City is made a party to any litigation against Lessee or in any litigation commenced by any party other than Lessee relating to this Lease, Lessee must defend City upon receipt of reasonable notice regarding commencement of such litigation. 30. Taxes. a. Lessee must pay all taxes and all other licenses and fees required to operate and maintain operations which Lessee's use of the Premises cause to be assessed against the Premises and any Fixed Assets or Personal Property appurtenant thereto, prior to the due date. b. Further, Lessee covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circulaz E Employer's Tax Guide, Publication 15, as it may be amended, prior to their respective due dates. Additionally, Lessee must ensure that each employee under Lessee's employment must be covered by workers' compensation insurance in compliance with State law. Lessee must provide proof of payment of these taxes and workers' compensation insurance within thirty (30) days after Water Supply Superintendent requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. 31. Interpretation, a. This Lease must be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Live Oak County, where this Lease was entered into and will be performed. b. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. 32. Entire Agreement. This Lease and the exhibits incorporated and attached constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the parties' intent to provide for a complete understanding within the provisions of the document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's commercial operations and the Premises to be used in the conduct of said operations. The unenforceability, invalidity, or illegality of any provision of this Lease does not H:1Ll:G-DI R1DlANNAV 1=RRY1kAN1A-1 {1.AGR(dku•) render the other provision unenforceable, invalid, or illegal. EXECUTED IN DUPLICATE ORIGINALS this ~ day o ~ , 1998, by the authorized representatives of the parties. ` ATTEST: KAMPING PLEASURES, INC. D/B/A LAKE CORPUS CHRISTI KOA KAMPGROUND By: i~ /~ ROBIN SARGENT ATTEST: CITY OF CORPUS CHRISTI, TEXAS Arwando Chapa, City Secr a Approved as to Legal Form on ~^~~ James R. Bray, Jr. City Afttorney I ~, 13y_ ~ Gerard V. D'Alessio, Jr. Assistant City Attorney City Manager o~y.. c. o~~x~+~ grrr i 99$. %.~:w. `~~~~ AUIriUFiILt~ 3r CO111~4cIL __~ ~~~ ~ ! c~~ ~c~r~ir~~ ~'~t.` H~1LEG-D1R~UTANNAUERRYIi:AMP-]D.AGR(dk~+°) l0 STATE OF TEXAS COUNTY OF NUECES ~, ~ ~~r .~i This instrument was acknowledged before me on ` ~ _~ , 1998, by-$tH- -~Ieimings3 ity Manager of the City of Corpus Christi, a Te as ho a-rule municipal corporation, on behalf f said corporation. STATE OF TEXAS couNTY of /~ l !" , Public, St to of as r• y~~ V ~'~L ~1}~ ~ This instrument was acknowledged before me on Q , 1998, by Robin Sargent, President of Kamping Pleasures, Inc. a Texas co oration, on behalf of said corporation : ~~G7HYd S'Tgp~ ~`4h9 v,~ rcwgi ~y~~~21.f0~ Notary Public, S at of Texas H:11.EG-DI R1DI ANNAU ~RRYIKAMP-1 O.AG EZ(dkw) EXI~IBiT "A'; The land area above the 94-foot contour out of the fi39.79 acres of land, more or less, in the Mary B. Kelvin survey, and being the same tract of land conveyed #o G. L. Boothe by F. M. Hampton, et al by Deed dated January 10, 1931, recorded in Volume 40, Page 5fi5, Deed Records of Live Oak County, Texas, SAVE AND EXCEPT the following: 1. 9.63 acres conveyed to F. M. Jones, et al, by C. L. Brother by Deed dated February 16, 1940, and recorded in Volume 80, Page 383, Deed Records of Live Oak County, Texas. 2. 7.17 acres described in Deed from C. t_. Boothe to the State of Texas, dat®d November 14, 1933, and recorded in Volume 51, Page 291, Deed Records of Live Qak County, Texas. 3_ 15 acres, BEGINNING at a point, said paint being a ~-112-inch iron pipe located 60.0 feet S. 30 degrees 15' E. of S. F. Coffin's south or southeast fence at a point in said fence 580.D feet S. 59 degrees 45' VV. Of it's intersection with the west right- o# way fine of State Wighway #9, said intersection being the southeast comer of the S. F. Coffin tract; THENCE S. 59 degrees 45'W. At 113.0 feet pasta 1-112-inch -iron pipe in a!I 1,620.0 feet to a 1-112-inch iron pipe, aid iron pipe being 60.0 feet from the S. F. Coffin fence and on the 94-foot contour; THENCE following the meanders of the 94-foot contour in accordance with the fallowing metes and bounds S. 38 degrees 50' E. 145.0 feet, S. 12 degrees 10' W. 105.0 fast, S. 15 degrees 15' W. 81.0 feet, S. 13 degrees 40' E. 222.0 feet, N_ 26 degrees 00' E. 65.0 feet N. 16 degrees 15' E. 82.0 feet, N. 41 degrees 30' E. 54.0 feet; N. 24 degrees 10' E. 63.0 feet, N. ~ 9 degrees 30' E. 35.0 feet, N. 4fi degrees 10' E. 234.0 feet to a ~ -~ 12-inch iron pipe at the end of the meanders of the 94-foot contour; THENCE N. 30 degrees 15' W. 159.0 feet to a point, said pin# being a 1-112- inch iron pipe; THENCE N. 59 degrees 45' E. 113.0 feet to a point, said point being a 1-112- inch iron pipe; THENCE N. 30 degrees 15' W. 301.0 feet to a point, said point being a 1- 1/2-inch iron pipe and also being the point of BEGINNING. ~XHIB~T "B" ~~ to iiou~an ~ To Sars Antorno 181 Qeevillc ,~ Exit dT 59 Skttlrnore N V ~ 59 ~r ~~~ 359 s~~ George ~ Exit 4a o weest K~~ 2~ ~ 77 ~- w f ~' •" Lake Corpus TO AoCUpott ~ ,.~. $ 2dt '::Chnstt ;,.~ ~ r ~ MATHtS • ~~. 37 To MtAtMn 359 ~'~` EXHIBIT "C" Hurricane Preparedness Alert and Operational Conditions Civil Defense City of Corpus Christi The following system far indicating the various phases of hurricane warnings will be used: Condition S - An alert condition set annually on June 1, which remains in effect through November 30. This condition indicates that the hurricane season exists. Condition 4 ~ The path of a storm or hurricane has been fairly well established to indicate destructive wind of farce within 72 hours. Condition 3 - Movement of a storm or hurricane indicates destructive winds of force within 24 hours. Take preliminary precautionary measures. Condition 2 - Movement of storm or hurricane indicates destructive winds of farce within 1$ hours. Take precautions to permit establishment of a state of readiness on short notice. Condition 1 - Movement of storm or hurricane indicates destructive winds of force imminent. Establish a state of readiness and take precaution to minimize damage. H ric r edn Pl of K A. {1) when Civil Defense alert and operational condition four (4) is announced, loose objects must be secured. (2) when Civil Defense alert and operational condition three {3) is announced, the campers must be alerted for passible evacuation and briefed on escape routes. (3) At Condition 2, it is anticipated that the camp site will be secured and the campers advised to evacuate the Premises. HaLEG-DIRI~IANNAUERRYIF:.Ah4P-10.A(iR(dkH ) A ~~~~/~/\~ ,~` "s:x:•." .,.n...:Gi~~~..__.. ....cat ~n~~tiF: ~. •. 'vY :'`os .rnG000~ii~ ...,,..,. ,. . ,lim CalfEe Ins. Agencies, Ir-C. 97F,9 W. 17 Silo Drive Suite 3$ Broomfield. CD 80027 a.nwa~.++i~ .U ,}..~ A, .........~ .. .. ... .. ,~Y..~~Qi~SU ~:rSti% e PATEIMM/DD1YYl ~,,. L~A~~L~TY ~II~SVRI~N ~ `"- 3 f lea 303-4$~-731 i ~~~~ THIS GERTIFIGATE 15 15SUEb A5 A IWATTER OF INFflF1MgTl4~ ONLY ANC GONFER~ Np FtIGH7S UPON THE CERTIK4CATI fioI.DER. THIS GERTIFICAZ~ dOES u0T ASVItND, PX'f~ND di AI.1'I<li THE COVERAt3E AFFORDPd 13V THE POI.lClES BELOW .. ~ CDMPANIES Ai"FOiiD G GOVrsRAGE _ , COMPANY ComnlESrcial Union A COMPANY Q ca+aPANY C COMPANY D l.akc Carpus GhriSti KOA Kampin~ Pleasures, Inc. J~outl; 1, Box 15sg Mathis 7X 78368 /c.VYIIII¢¢A~A CC. ~.'.:;i•J.i i•~s`~i..-'. "yf' >w.:s.:. .inx ~.~'~~.+aR'n:;4:~{.~0,~".w,'Y'-3p~''.,-d~}•4:~'G ~. { {::.:. ::{}:.~.•i:. ~' :; OY .^.W" •i••. .._ b',, ,.. MJ',....:.¢ .s. .': ~. :::.: "i"2Ji.;.::r.:P ., ::(E{ik:.?y'ri'i.:" ~ .. THIS IS TO C~fiY11=Y THAT THE PpL1CIGS 01= INSURANCE i.ISTEp 6EL01N HAVE BL~EN 155UED TO THE INSUpED NAfNED ABpVE FQR THE POLICY PERIOD INDICATI'b, NOTwITNSTANnING ANY REOI,IflElulEN7, YL•RM OR CONDITION OF ANY CONTRACT GR OTHER DOCUMENT WITH At:SPf;C7 TO ~"JHICH THIS CERTIFICATE MAY S[ I ~;iUEO OR MAY PERTAIN, THE WSURAIJCE AFFORDED BY THE POLICIES pESCRIEFb HEREIN 1S 5UB.IECT TO AI-L 'THE: TEAMS, E%CLUSIUNB AND CONOITIDNS OF SUCH POL1ClE5. LIMITS S}TOWN, MAY HAVE BEEN REDUCED BY PA1P CI.AlMS, - __ , _ _~ ._ ..~ C4 POLICY NUMrJCR PaUCY EEFFbCTIVE POLICY pLPIRgTIQN LIMITS l.TA TYPE OF INSU1iANCF. i DATE EMMJp01YY, ~ DATE IMMIDClYYI A taENLR4L LIABILITY «.~ N f K41 1456 9114!97 i 8/14198 GENERAL AGGH@t}ATE_ . ~ L OOOOOQ _yX COMnn'r,RGIALGEN~RA!~ua~l,~1'Y i PRODUCTS-CaNfPIG_PAGG 8 ~DOOOtlO Y_~ CLAIMS M0.DE n I CGGUR +~ ~'Ii1~SONAL EY ApV INJURY 6 ... ~~Q00~4 OWNEii'S & CONIH0.GTCfi'5 PriOT 1 EACH OCCURRCNC~--.~_- d -4 1440040_ 44 I FIEiE pAMAG~ IARY one flrel s 'i 4000 D ~~ t `~ ~ 1 k MC4 Ekp (Any o~t0 D~YSOr!I._ 6 50a0 WTOh1001LE Uaa,LrrY ANY AU'r0 .. q+.L cIMNEp Auras SCHEDULE[! AUTO$ HIRCD AUTOS ~ -- I j }{ NON OWNED AUTOS ;rARACE LIJllJIIJI'Y ^~ ANY AUTO ~ _~__.~... _., 1 I:)fCES$ LIAUiUTY Uh10REElLA FRAM OrHF.R THAN UMERE~.LA FGHM ~ WORKCRS COMPCNSA'TION AN17 EMPLLIYERS' UA9ILITY THE pr,Of•RICTOA! ~ -- ~ :NCL ~ PAflTNERE/EXECUTIVC ~i OFF~CFIi5AREl ~ fxCL' 4T'NRfl PESCRIPTIOhS QF OPh'RATIONSILOCATIONSIVEHICLE6lSpECIAL rFCMS C+JTtificate holder is Iistelf as Additional lnsursd tar LPItSBd Proparly T{1a City pf Corpus Christi P.O, Box 9277 Glarpus Christi, TX 78469 CI]MI,INED SINGL£ LIMIT S paD]LY INJURY (Par POf80111 gdDILY INJUSeY ~ (Itir accldl;flU PkOPE:RSY DAMAGE .. .. 1 AUTO ONLY - EA ACCIDENT d r ~~~ ITFIER TI IAN AlJ-~r0 ONLYL. ,,,~„- ~ACH ACCIDENT 'r _ __,~ AGGRf4ATE 9 EACH OCCl1,RREHC1s d y,.y~ ~(3GRECA7E d . _ t TaRY 14M4T6.1 EEL EACH ACCIOtNT i eL plSEnsE. Po~lcY Lxwlr a _, SHDULD ANY DI= THE A80YE OCSCRIY4P pOlIC1E5 6E pANCELI,Fp I}EpOAE THE ' EXPIRATION DAtE THEREOF, THE l6$UINQ C0INPANY WILL kTIpEAVOR TD MAii 10 DAYS Wr,ITTFN NOTICE TO 'TNT CERTIFICATE HOLDER NAMED TO THE LEFT, 6UT TA1LUpE YO MAIL SUCH NOT,CEi BHALt IMPOSE NO pi1tIQA710N OR LIAEiIL1YY nF ~hfilY KINb uaON THG COMPANY. ~ AGENY& OR REPRESENTATIVES. i ~s~`~:~s~~si>