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Home My WebLink AboutC2010-601 - 9/2/2010 - NA TEXAS GENERAL LAND OFFICE LAND 04, '4r 1:15 motet • ktg aCt co STATE OFCfy. AMENDMENT NO. 1 COASTAL LEASE NO. CL840004 STATE OF TEXAS § :•:••• § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES •• . • • • WHEREAS, by Coastal Lease No. CL840004, effective July 17. 1984, (the "Agreement"), the State of Texas .. • (the "Lessor"), acting by and through the Commissioner of the General Land Office (the"GLO") as Chairman • • of the School Land Board(the"Board)on behalf of the Permanent School Fund(the"PSF"),granted to City of Corpus Christi (the "Lessee"), the right to use a tract of state-owned real property located in Nueces County. ,••••• Texas(the"Premises"),which property is more particularly described on Attachments to the Agreement;and •• WHEREAS,the Lessor and the Lessee desire to amend the Agreement; NOW. THEREFORE, in consideration of the Lessee's continued use of the Premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend and modify the Agreement as follows: 1. Section 10 related to Special Conditions shall be amended to include the following provision: * Notwithstanding the foregoing, Lessee may, with written notice to Lessor, adopt and enforce reasonable limitations on the time and manner of use of the Premises, including but not limited to a curfew, to address public health and safety concerns at the Premises. Lessee shall provide Lessor written notice of intent to adopt and implement such limitations or to make changes thereto at least sixty (60) days prior to adoption. Within ten (10) days of receipt of the notice, Lessor may request a reasoned justification for the proposed limitations. ?. Except as amended and modified by this Amendment, the terms and conditions of the Agreement, as amended. shall remain in full force and effect_ CLS40044 CUSTOMER m:C00000088I _ontract amendment p.doc s I 0 nlenonds SCANNED 3. This Amendment Agreement shall be effective 9 — 13 - 10 IN TESTIMONY WHEREOF, witness my hand and the Scal of Office. GRANTOR: GRANTEE: THE STATE OF TEXAS City of Corpus Christi �+ By: ` By: G�1a-- . ( '� nue) Ilp• •Y E. 'ATTERSON / mmissio er,General Land Office7G le, �SCo.f�•!<,t •'rman, School Land Board (Printed Name) Date: 01113\IC) (Title) Date: 7/2// APPROVED: ikpprOYed as to i0tnt: Contents: •..•. • Legal: j f R. ,'n . ' • First Assistant City A•,• Deputy: >t�r • For City Attorney .... Executive: _W..61124--- ACKNOWLEDGMENT STATE OF 1(f7t.1,/ § § COUNTY OF h,t j J C i 3.1 § This instrument w)s acknowledged before me on the giAj day of 4k i su, U- ,20 Lk-) , by VA-v1/44.3e I Ecx.e c ►-,Cts NikaiArz cf ;l;•;:r,;e•r .-r,l,ll71 ,. ,ii.7,?.;ir_ !lt::Ille. ain:•+11) / I _ LLQ L(. 1 1k b Lt— Ia '' =. FOLLY HOUGHTON [.;�ot.lr- -. lr�! '•' ' .4Y COMMISSION EXPIRES ,� SlpI1111bgr24.2012 Notary Public,State of 1t; )CCL.' My commission expires: CI [ j L'Z_ information collected by electronic mail and by web form is subject to the Public Information Act. Chapter 552, Government Code. CIA40004 2 CUSTOMER ID:L OOOOI OixI contract iunctidincnt pduc v_f 0 mlanond ff • • • /*1() 1(ti\S1 PTE..oF /‘",%S- :14 - 4 AusUri, Ze,cas LEASE ON COASTAL PUBLIC LANDS LEASE ND. CL 84-004 STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES (1) By virtue of the authority granted by V.T.C.A., Natural Resources Code, Chapter 33, Texas Administrative Code 31 T.A.C. Chapter 155, and subject to all rules and regulations promulgated by the Commissioner of the Texas General Land Office and/or the School Land Board pursuant thereto and all other applicable statutes and amendments to said Natural Resources Code, the STATE OF TEXAS, hereinafter called LESSOR, hereby grants to City of Corpus Christi whose address is P. O. Box 9277, Corpus Christi, Texas 78469 hereinafter called LESSEE, its successors or assigns, a lease for public recreational purposes and attendant parking as described by the location plan in Exhibits A & B attached hereto and incorporated herein-for alI pu`rposes," located on Coastal Public Land in Nueces County, Texas. (2) This lease is for a total period of 50 years beginning on the 17th day of July, 1984, unless the same be renewed, extended, cancelled, or changed by the proper official of the State of Texas as authorized by law. (3) Lessee agrees to keep the Commissioner of the Texas General Land Office informed of current address at all times. (4) As consideration for the granting of this lease, Lessee agrees to pay the Commissioner of the Texas General Land Office, at Austin, Texas the sum of Twenty Three Thousand Two Hundred Twelve and 90/100 Dollars ($23,212.90). Entire amount is credited and paid in full. However, LESSOR shall receive from LESSEE 25% of gross receipts derived BY LESSEE from concessionnaires and/or any other activity which produces revenue. (5) In the event that Lessee is in breach of any condition set forth herein, including the special conditions set forth in paragraph 10, the Commissioner of the Texas General Land Office shall have the right, at his option, to forfeit this agreement and all right(s) inuring to the Lessee herein, by sending written notice of such forfeiture by United States Mail to the last known address of Lessee. Upon sending of such written notice this agreement shall terminate and all rights granted herein to Lessee shall revert to the State of Texas (subject to reinstatement by the Board, at its option). (6) Lessee shall not assign or sublease the rights granted in this lease either in whole or in part to any third party for any purpose without the prior written approval of the Lessor. (7) Lessee shall use the highest degree of care and all proper safeguards to prevent pollution of air and water in and around the above described area. In the event of pollution, Lessee shall use all means at his disposal to recapture all pollutants which have escaped and shall be responsible for all damage'to public and private property. • (8) Upon termination of this lease, Lessee shall within one hundred twenty (120) days from said termination to remove all of Lessee's personal property and all structures and man-made improvements authorized in said agreement, provided all money due hereunder has been paid. Lessee shall take whatever measures as are necessary to restore the area involved as nearly as practicable to the same condition that existed before Lessee entered thereon, except as otherwise approved in writing by the Commissioner of the Texas General Land Office. (9) Lessee shall hold Lessor harmless for any liability or damages arising out of the use of the lease herein granted. (10) Special Conditions: * Lessee will utilize the area covered herein solely for the purposes of constructing, maintaining and utilizing such area for a recreational facility with attendant parking. * Lessee shall submit to Lessor any plans for placement of any structures or permanent improvements within 300 feet of privately owned littoral property and receive prior written approval before any such improvements are placed on property subject to this lease. •*._ Members of the public may not be excluded from the property covered by this lease. * If litigation from any source arises from the issuance of this lease by Lessor for any reason, Lessee agrees to immediately notify Lessor in writing. * With the written approval of Lessor, Lessee may enter into contracts and franchise agreements to promote public recreation — _ * No contract or franchise agreement may authorize any commercial activity within 300 feet of privately owned littoral property without the written consent of the littoral owner of the property. (11) If, after this lease is signed and becomes effective, a court of competent jurisdiction determines through final judgement that the State of Texas does not have legal title to any portion of the land subject to this lease, then this decision by the court will not affect the legality of the lease of the remainder of the property and the lease will remain in full force and effect on the remainder of the property. The consideration as agreed upon will not be affected unless the tract the State does not have legal title to exceeds five acres. If the affected acreage exceeds five acres, the consideration will be renegotiated by the lessor and lessee. ENTERED INTO THIS .. /day of //!�G.., f , 984, effective as of the '15-day of July, 1984. J 0 A"it ...C ...BY: /�., 1...1 ilL ._ Enxinecrinz G rry Haut 36�A THORZED Co •�-t9�3yb Cbmmissio�e1-r of the sr council / �l .f Legal ,v��f~ Texas General Land Office LESSOR Execution ., ATTEST: By: .:i ..I• // Bi 1 G. Read A. rti TITLE: City Secretary, Corpus Christi, Texas Titl-- .ityrd Manager, Corpus Christi, Texas LESSEE APPROVED: pity Att� F • • Exhibit A BEGINNING at the northwest corner of the intersection of Woodrow Avenue and North Shoreline Boulevard, such point also being the southeast corner of Lot 1, Block 387, Brooklyn Addition and such place being the point of beginning; THENCE, in a northerly direction along the west right-of-way line of North. Shoreline Boulevard for a distance of 300 feet to a point, such point being the most northwest corner of this tract; THENCE, in an easterly direction perpendicular to the west right-of-way line of North Shoreline Boulevard for a distance of 700 feet to a point for corner; THENCE, in a southerly direction parallel with and 700 feet east of the west right-of-way line of North Shoreline Boulevard for a distance of 7,753 feet to a point for corner, such point also being on the north breakwater barriers; THENCE, in a westerly direction along the north breakwater to a point, such point being 200 feet east of the west right-of-way line of North Shoreline Boulevard to a point for corner; THENCE, a northerly direction parallel with and 200 feet east of the west right-of-way line of North Shoreline Boulevard for a distance of 250 feet to a point for corner; THENCE, in a westerly direction and perpendicular to the west right-of _ way line of North Shoreline Boulevard to a point on the west right-of- way line of North Shoreline Boulevard to a point for corner; THENCE, in a northerly direction along the west right-of-way line of North Shoreline Boulevard for a distance of 7,092 feet to the place of beginning, containing 121+ acres, save and except those land parcels owned by the City of Corpus Christi. • ;,.. File i Control i • . Renews Upland/Coastal INSTRUMENT ROUTING SP CE ME SL CL NEW AMENDMENT RENEWAL ASSIGNMENT SUSPENSE RCVD I DIVISION NAME/INITIAL RM PASSED - `(/ S� / J/ / I D. MCGEE p, �/4 PURVEYING E. MENZEL �7V13 ill intended action be on land under CLO uthority? If so. verify tr'31-s-1(.1 '1{,' ct 1„water q �� .1 ibody, etc. ye S, -+v-.ths f �s 1'rkd '4'l{.tn; // omments: glco SQ 'Wa.1 c..,-,--04;,s{ �7SYY"" _ -3o- 7. ac4c1. v.s. ID. MCGEE 1849 I and Management/Distribution C. Carr 619 SSESSMENT C2 L. Kahn D. Bray Polk/McBride EVIEW J. Macklin REVENUE PROCESSING 'Contract Preparation D. MCGEE 849 IContract Review Assessor 619 J. Macklin II !Contract Mailed D. MCGEE 1849 IN-ROUSE APPROVAL CCOUNTING D. MCGEE 1649 LAND MANAGEMENT J. Macklin 619 1 ! + 'LEGAL 634 ! I CHIEF CLERK J. Giberson !COMMISSIONER C. MAURO ::NOTARY - PAM/PIM D. MCGEE I 849 I SURVEY E. Menzel 1713 IRECORDS .1--- • (East Shore Spoil) • D•pj.A, P 'b. i+ STATE OF TEXAS z r GENERAL L CWFI(E I& <, COASTAL LAND USE APPLICATIOII `'y ,.�kk TAI LEASE/EASEMENY NO. FOR QUO USE ONLY Please type or print in the blanks below all applicable information. If information requested is not applicable, indicate by placing N/A in the blank. PLEASE COMPLETE AND SUBMIT TWO COPIES OF THE APPLICATION AND THE ACCOMPANYING ATTACHMENTS. — — DM March 17,1987 I. APPLICANT INFORMATION A. Name: National Audubon Society Mailing Address: 950 Third Avenue, New York, NY 10022 Telephone:(area code) 212 (number) 546-9100 B. Authorized Agent: Jesse Grantham 375 30 Mailing Address: CC. Z84`,`,- 1 (� Telephone:(area code) 512 (number) -729 32' d A —C937 O II. CORPORATE APPLICANTS PROVIDE THE FOLLOWING A. Name of President: Peter Rerla B. Name of Secretary: Anthony A. Lapham C. State of Incorporation: New York III. ELIGIBILITY Attach proof of ownership of adjacent property. For example: a deed, abstract of title, title insurance, tax statement, lease affidavit, or other evidence of interest in the adjacent property. IV. LOCATION CF PROPOSED PROJECT A. Name of affected body(ies) of water: Co,pws�4«�si Ba/ 3..4, B. State Tract Number(s) in which rights are requested: 327) {t+3a$ I hx44.5 anr ts desor. on reA�N.ireq, C. Int: Block: Subdivision: lease s�Q�ecF y inasss acamicci 11Nim-us D. Name of original survey: E. Street address and City (if applicable): F. County(ies): Nueces County G. Name(s) and address(es) of the land owners adjacent to the co M project (indicate direction of property from project area): act N/A U S C7 V. PROJECT DESCRIPTION A. Purpose of Lease/Easement on state-owned land: Dock Pier _ Groin/Jetty _ Breakwater _ Wildlife refuge, coneervation Channel _ Marina _ Wharf _ Other „nd h area B. Use of Structure(s): Private Commercial Public Other C. Description of structure(s) and the materials to be used: N/A D. Method of installation, type of equipment to be used, and how it will be brought to the project site: N/A E. Amount of state land in square feet or acres which is involved in this project:Approx. 7 acres on 4 emergent islands(Based on 1975 7.5 Quad) and 1000' from shoreline at MLT. F. Describe present project area: No Yes Area (sq.ft./acres) Marshes Submerged Grasses g Oyster Reefs g Depth: Bottom Characteristics: G. Project Plans and Location Map Attach 2 copies of pro t plans and location map as described in Attachment 1. Copies of plans submitted for an Army Corps of Engineers permit may be used if they meet the specifications in Attachment 1. H. Additional Information Complete any of the accompanying attachments if they apply to the type of project proposed. Attachment 2 - Dredging, Filling and/or Discharge of Dredged Material Attachment 3 - Bulkheads, Breakwaters, or Groins Attachment 4 - Marinas Attachment 5 - Commercial Piers I. Anticipated duration of construction activity and proposed completion date: J. Desired Term: 20 years. Expire 2007 VI. OTHER PERMITS A. Army Corps of Engineers - permit application number or date of application: B. Texas Parks & Wildlife Department - Sand and Gravel permit number or date of application: C. Texas Department of Water Resources - Certification number or date of application r • VII. REQUIRED FES (see attached rate schedule) A. Non-refundable filing fee payable to the General Land Office. B. Annual or term payment for easement or lease (payable upon execution of the ccntract by applicant). VIII. SUMMARY The following check list is provided to insure that your application is complete. Processing cannot begin until all of the following items are included. A. Filing Fee. B. Two completed copies of the application, including project maps, and all applicable attachments. C. Proof of interest in adjacent property. I HEREBY ATr'PSr THAT THE FOREGOING INFORMATICN IS TRUE AND CORRECT. ) az ik.se-ace.,-,-*... Si re of applicant or authorized agent NOS: The assessment will be initiated when the application is determined by this office to be complete. Therefore, please be sure to include all information kequested in this application form and in any of the attactaments. The General Land Office will finish its assessment of the proposed use of state-owned lands and present it to the School Land Board within 90 days after receipt of your complete application. The Coastal Public Lands Management Act (Section 33.001 et.seq. of the Texas Natural Resources Code) and rules adopted ,for its administration require that approval of the School Land Board be obtained before any work is undertaken on state-owned lands or islands. Failure to obtain such approval is in violation of state law and can result in legal action by this office. • • • (may r /2E 1a24 ,27"5171 9 !r.Y ,Uv/ZES .rirY ,QFG/-4 1/ G , T c0-01o.464eTT-S Z/ ("9) 76'v Y = /96 ' /N T//1 SO&/W ZDME OP" rH� TAXyO Ore. 922 S/STEL 7 ,Z rA4t c7 /114- 4/ç ?°50 yV 4/5e)0 7//E ''r 5 39'3d' VV 360° TAW-et- 6 3'/ 3 700- T/fE�vL� d� e36--e)0.0 ZL/40 1 Tf/�-cGe 4/ ,5' %7 /ye)'/ / 7 Z9, 8 8 TU Tiff /4AGE d,G A8.ear4 (.4 GG 4,+ D C 3 341, y 9 i9 r,q,:s G(i/7i,`,441 ST,97, T44L75 3245� 3 2-7 z e,1) -32s. -2;3<,/, 5/9 . r. MAP CHECK & PLOT BEARING DISTANCE NORPHINGG FASTING 10000.000 10000.000 NW 50 30 0.0 4500.000 12862.352 6527.689 SW 38 30 0.0 3000.000 10514.528 4660.145 SE 48 54 0.0 3700.000 8082.239 7448.330 NE 85 19 60.0 2400.000 8277.500 9840.374 NE 5 17 40.0 1729.880 10000.000 9999.997 NE 83 57 11.6 0.003 10000.000 10000.000 15329.880 DIST TRAVERSED 4708026 PRECISION AREA 14570267 SF 334.4873 ACRES L4A 04/06/87 FILE /G S121° 5