HomeMy WebLinkAboutC2021-223 - 9/7/2021 - ApprovedCOMMERCIAL LAND LEASE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
THIS AGREEMENT is made and entered into by and between the City of Corpus
Christi, a Texas home -rule municipal corporation (hereinafter referred to as "City"), and Blue
Marlin Holdings, LLC. with its office and principal place of business at PO Box 6731, Corpus
Christi, Texas 78466, ("hereinafter referred to as "Lessee").
1. Premises.
a. In consideration of the rents herein, City leases to Lessee Tract 1 containing 1.068
acres of land more or less and Tract II containing .20 acres of land more or less, situated in
Nueces County, Texas, (together "Premises") as shown on the attached Exhibit A.
b. This Lease is made subject to all valid oil, gas, and mineral Leases and all
pipeline transmission and all other rights -of -way of record, all easements of record, and all
restrictions and regulations set forth in the Corpus Christi Code of Ordinances affecting the
property.
C. 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. The Premises may only be used for the operation of a Recreational Vehicle (RV)
or Travel Trailer Park and for related activities normal and customary to such business. Lessee
shall not use or operate nor cause, suffer, or allow all or any part of the Premises to be used as a
private residence or home site.
b. The Premises must be operated as a public accommodation at all times, without
any limitation and no discrimination based on age, race, religion, color, sex, disability, national
origin or other unreasonable limitation or private membership requirement, at nondiscriminatory
rates, which must be prominently posted on the campground. Lessee must comply with all
Federal, State, and local laws, rules, and regulations, including all applicable Americans with
Disability Act (ADA) requirements.
3. Term. The term of this Lease shall be five years, unless sooner terminated under another
section of this Lease. The Lease begins October 1, 2021 and ends September 30, 2026.
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4. Payment.
a. For and in consideration of the rights and privileges granted in this Lease, Lessee
agrees to pay the City a monthly rent of $1,225.00 for the Premises. The monthly payments for
the term of the lease shall be due and payable without demand or notice in equal monthly
installments on the first day of each month beginning October 1, 2021.
b. The rental payment must be made to City at the following address:
City of Corpus Christi
Accounts Receivable Division
P.O. Box 9277
Corpus Christi, Texas 78469-9277
C. Lessee is "delinquent" or "in default" if the City has not received Lessee's rental
payment on or before 5:00 p.m. on the 10th day of the month following the calendar month for
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. Any payment received after the deadline
stated above will be assessed a Late Fee of six percent of the monthly pavment. Lessee's
failure to pay the amount due or provide the amount due within five days after the City so
requests in writing is grounds to terminate this Lease.
5. Move -In Condition. Lessee has inspected the Leased Premises and accepts it in its
present (as -is) condition unless expressly noted otherwise in this Lease. City has made no
express or implied warranties as to the physical or environmental condition of the Premises.
6. Move -out Condition.
a. At the time the Lease ends, Lessee will surrender the Premises in the same
condition as when received. "Surrender" is defined as vacating the Leased Premises and
returning all keys and access devices to the City. Lessee will leave the Leased Premises in a
clean condition free of all trash, debris, personal property, hazardous material, and environmental
contaminants.
b. If Lessee leaves any personal property in the Leased premises after Lessee
surrenders possession of the Leased Premises, the City may (1) require Lessee, at Lessee's
expense, to remove the personal property by providing written notice to Lessee; or (2) retain
such personal property as forfeited property to the City.
C. The City may require the Lessee, upon move -out and at Lessee's expense, to
remove, without damage to the Leased Premises, any or all fixtures that were placed on the
Leased Premises by or at the request of the Lessee. Any fixtures that the City does not require
Lessee to remove become the property of the City and must be surrendered to City at the time the
Lease ends.
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7. 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.
8. Financing.
a. City recognizes that Lessee may borrow funds to construct 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 burdened 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 , as Lessee, by
and between the City of Corpus Christi, as Lessor, and
as Lessee, and that this instrument
does not affect the fee simple interest in the Premises owned by the City of
Corpus Christi."
b. In the event of any foreclosure by any holder of a lien or liens on the Structures of
Buildings and the Leasehold estate in the Premises, such lienholder 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.
9. Utilities. Lessee must pay all costs of all gas, electricity, water, wastewater or other
utilities furnished to or used by Lessee on the Premises.
10. Improvements.
a. Lessee shall provide on the Premises good roads, drainage, sanitary sewer system,
restroom facilities, electrical system, potable water system, and individual campsites to fully
utilize the Premises as permitted in section 2 and as required by all other provisions of this
Lease.
b. All construction and repairs on the Premises must be done in accordance with
Federal, State, and local codes, laws, and regulations.
C. Any physical additions or other improvements made to the Premises by Lessec
will remain Lessee's property during the duration of the lease. If Lessee is not in default upon
termination of lease or move -out, Lessee may remove any such improvements so long as the
removal does not damage the underlying surface estate.
11. Special Permit Compliance. As a condition of this lease, Lessee agrees to keep the
leased Premises and the entire Travel Trailer Park in compliance at all times with the terms and
conditions of the Special Permit (SP) granted under Ordinance No. 9909 dated September 2,
1970, which is attached as Exhibit B.
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12. Maintenance and Repairs.
a. Lessee must clean, landscape and maintain the Premises to preserve the natural
terrain and growth. Lessee must keep the Premises free from debris and refuse and must
maintain the Premises 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, Lessee's use and occupancy of the Structures and Buildings must
comply with all applicable federal, state, and local 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 lease termination and move -out, Lessee must deliver the Premises in
good order and condition. Upon such termination, City has the right to reenter and resume
possession of the Premises.
13. 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.
14. Sanitation. Lessee must store garbage and trash in designated areas within the Premises
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 area(s), at Lessee's
expense. 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.
15. Signs and Lighting. Exterior signs and lighting must meet acceptable architectural
standards and be in compliance with applicable building code requirements.
16. Hurricane Preparedness. If the Corpus Christi area is threatened by a hurricane or
some other emergency situation, Lessee must comply with directives of the City Manager or
designee pursuant to the City's Hurricane Preparedness Plan.
17. Non-discrimination. 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, religion, sex, age, disability, creed, color, or national origin. Violation
of this provision is grounds for the City to immediately terminate this Lease. Lessee shall
provide all services and activities required to comply with the Civil Rights Act of 1964, as
amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the
provisions of the Americans with Disabilities Act of 1990, Public Law 10 1 -336 [S.933].
18. Legal Use. Lessee must not occupy or 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.
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19. Assignment or Sub -Lease.
a. In accordance with the City Charter of the City of Corpus Christi, and specifically
Article IX of the City Charter, any assignment of this Lease requires prior approval by ordinance
of the City Council. In authorizing this Lease, City Council, by ordinance, has delegated
authority to the City Manager or designee to approve assignments of this Lease to subsequent
purchasers of the travel trailer park currently known as Puerto Del Sol RV Park.
b. Lessee may not assign this Lease, either in whole or in part, without the prior
written consent of the City Manager or designee. Any attempted assignment without the prior
written consent of the City renders this Lease null and void.
C. In the event this Lease is assigned, then each provision, term, covenant,
obligation, and condition required to be performed by Lessee will be binding upon any assignee.
Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and
condition herein will render this Lease null and void.
20. Default.
a. Default of Lessee. If Lessee fails to pay the rent due hereunder or defaults in
performing any other term, covenant or condition of this Lease, the City may, after 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. Lessee expressly waives (1) all claims for damages by reason of such reentry
and (2) all claims for damages due to any distress warrants or proceedings of sequestration to
recover the rent or possession of the Premises from Lessee. The City may not declare this Lease
terminated if, within 15 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 may declare the Lease ended and may vacate said
Premises and owe no further rent and have no further obligations under this Lease.
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.
d. If correction of any default reasonably requires a period exceeding 30 days, the
non -defaulting Party will grant a reasonable extension.
21. Attorney's Fees. In the event Lessee defaults in the performance of any of the terms,
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
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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 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 may Lease the
premises again for the remainder of the period covered hereby, and if the rent received through
such subletting is not equal to the guaranteed rent provided for hereunder, Lessee shall pay and
satisfy any deficiencies between amount of the rent called for and that received through
subletting by the City.
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 email; or (4) by deposit with an
overnight express delivery service at:
If to City:
City of Corpus Christi
Attn: Director of Engineering Services
P.O. Box 9277
Corpus Christi, Texas 78469-9277
If to Lessee:
Blue Marlin Holdings, LLC
Attn: Gabriel Goodman
PO Box 6731
Corpus Christi, Texas 78466
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 overnight express delivery service is deemed effective one business day
after transmission to the overnight express carrier.
d. Either party may change the address to which notice is sent by using a method set
out in this section. Lessee shall notify the City of an address change within 10 days after the
address is changed.
26. 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.
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27. Insurance.
a. Lessee must provide, prior to execution of the Lease, a Commercial General
Liability Policy in the amounts and types of coverage shown on the Insurance Requirements,
attached and incorporated as Exhibit C. Lessee's insurance company(ies) must provide the City
certificate(s) of insurance 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
also provide the City 30 days notice, by certified mail, prior to cancellation, non -renewal, or
material change in the insurance policy(ies). All notices must be sent to the City at the address
stipulated in Section 25.
b. The City's Risk Manager will annually assess the level and types of insurance
required by the Lease. The Risk Manager can increase or decrease the level or types of
insurance by giving Lessee notice not less than 60 days prior to the annual anniversary date of
the Effective Date of the Lease. Lessee has 30 days to procure the changed insurance limits and
provide written proof of insurance to the City.
28. Indemnity.
a. In consideration of allowing Lessee to use the Premises, Lessee
("Indemnitor") covenants to fully indemnify, defend and hold harmless the City, its
officers, agents, representatives, and employees (collectively, "Indemnitees") from and
against any and all liability, loss, damages, claims, demands, suits, and causes of action of
any nature whatsoever asserted against or recovered from City on account of injury or
damage to person including, without limitation on the foregoing, premises defects, workers'
compensation and death claims, or property loss or damage of any other kind whatsoever,
to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or
be in any way connected with, either proximately or remotely, wholly or in part: (1)
Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all
activities associated the Lessee's use of the Premises under this Lease; (3) the violation by
Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them,
of any law, rule, regulation, ordinance, or government order of any kind pertaining,
directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act
or omission on the part of Lessee, its officers, employees, agents, or representatives or of
Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury,
damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be
caused by the sole, contributing or concurrent negligence of Indemnitees, or any of them,
and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are
claimed to arise, out of or in connection with the asserted or recovered incident. Lessee
covenants and agrees that, if 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 shall,
upon receipt of reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their settlement or other disposition,
defend City in all actions based thereon with legal counsel satisfactory to the City Attorney,
and pay all charges of attorneys and all other costs and expenses of any kind whatsoever
arising from any the liability, injury, damage, loss, demand, claim, or action.
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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 and Indemnitees with counsel satisfactory to
City.
29. Taxes. 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 thereof, prior to the due date.
30. Interpretation.
a. This Lease must be interpreted according to the Texas laws which govern the
interpretation of contracts. Venue lies in Nueces 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.
31. Force Majeure. No party to this Lease shall be liable for delays or failures in
performance due to any cause beyond their control including, without limitation, any delays or
failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy,
common carrier, severe inclement weather, riots, or interference by civil or military authorities.
The delays or failures to perform extend the period of performance until these exigencies have
been removed. The Lessee shall inform the City in writing of proof of the force majeure within
three business days or otherwise waive this right as a defense.
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 render the other provision unenforceable, invalid, or illegal.
33. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and no
other relationship. This Lease must be construed conclusively in favor of that relationship. In
performing this Lease, both the City and Lessee will act in an individual capacity and not as
agents, representatives, employees, employers, partners, joint -ventures, or associates of one
another. The employees or agents of either party may not be, nor be construed to be, the
employees or agents of the other party for any purpose.
34. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and
Lessee, and no third party has any rights or claims under this Lease or against the City.
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35. Termination. This Lease may be terminated by the City upon 90 days notice to Lessee.
36. Governmental immunity. This Agreement is to perform a governmental function solely
for the public benefit.
37. Acknowledgement. The parties expressly agree that they have each independently read
and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and
understands that this Lease is not binding on the City until properly authorized by the Council
and executed by the City Manager or designee.
EXECUTED this *- day of , 2021 by the authorized
representatives of the parties.
LESSEE
COUNTY OF NUECES
�h
This instrument was acknowledged before pe on 2021, by
Gabriel Goodman, as �,,,1 , of Blue Marlin Holdings, LLC.
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LESSOR
CITY OF CO PU HRISTI,
Jeff H. Edmonds, P.E.
Director of Engineering Services
ATTEST:
Rebecca Huerta, City Secretary
STATE OF TEXAS
COUNTY OF NUECES
Q ffi 3{ I UTHORIZ6
IT MWCIL
SECRETARY
This instrument was acknowledged before me on 1 , 2021,
by Jeff H. Edmonds, Director of Engineering Services of the City of Corpus Christi, a Texas
home -rule municipal corporation, on behalf of said corporation.
� LESLIE A. TREVIN0
_ fi'�.%Notary Public, State of Texas
*'<Z Comm. Expires OB-21-2022
°/�;,°�„�``� Notary ID 12081930
APPROVED AS TO LEGAL FORM
FOR THE CITY ATTORNEY
4at ii;tee;ad, Assistant City Attomey
ARIk A 3d�[,o
otary Public, State of Texas
M
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NUECE'S BAY
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COMMERCIAL LAND LEASE CITY COUNCIL EXHIBIT
TRACTS Y � � a��Wa,�'b''s�is
NORTH BEACH, CORPUS CHRIST, TX PARE: 1 1 1
CATS: !0/Q?/.tGOB
.Iw 18/28/70
AN ORDINANCE
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS
CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937,
APPEARING OF RECORD 1N VOLUME 9, PAGES 565, ET SEQ,
OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED
FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY
ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF
THE CITY OF CORPUS CHRISTI BY GRANTING A SPECIAL
COUNCIL PERMIT FOR OPERATION OF A TRAVEL TRAILER
PARK ON A 2.83-ACRE TRACT OF LAND LOCATED IN BROOKLYN
ADDITION, BLOCK 414, LOTS 1, 3 AND 5, AND THE GIVENS
TRACT, PLUS THE STREET RIGHT OF WAY OF TIMON BOULEVARD
LOCATED ON THE NORTH END OF CORPUS CHRISTI BEACH, WEST
OF TIMON PARKWAY (RAILROAD RIGHT OF WAY), EAST OF
HIGHWAY 181, NORTH OF HULL STREET TO CORPUS CHRISTI BAY,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN
COMPLIANCE WITH THE CONDITIONS LISTED IN THE ANNEXED
EXHIBIT "A", AND AS MORE FULLY DESCRIBED ON THE APPROVED i
SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; KEEP-
ING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDI-
NANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND DECLARING AN.ENERGENCY.
WHEREAS, THE ZONING AND PLANNING COMMISSION HAS -FORWARDED TO THE
CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF
THE CITY OF CORPUS CHRISTI FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF
CORPUS CHRISTI; AND
WHEREAS, PUBLIC HEARING WAS HELD AT WHICH HEARING ALL PERSONS
WISHING TO APPEAR AND BE HEARD WERE HEARD, TO CONSIDER THE SAME BEFORE THE
CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPER NOTICE
TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON JULY 22, 1970,•,AT
REGULAR COUNCIL MEETING OF THE CITY COUNCIL IN THE COUNCIL CHAMBER AT CITY
HALL IN THE CITY OF CORPUS CHRISTI; AND
WHEREAS, BY MOTION DULY MADE, SECONDED AND CARRIED, IT WAS DECIDED
BY THE CITY COUNCIL THAT TO APPROVE THE HEREINAFTER SET FORTH AMENDMENT WOULD
BEST SERVE PUBLIC HEALTH, NECESSITY AND CONVENIENCE AND THE GENERAL WELFARE
OF THE CITY OF CORPUS CHRISTI AND ITS CITIZENS:
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI,
TEXAS, PASSED ON THE 27TH DAY OF AUGUST, 19370 APPEARING OF RECORD IN VOLUME 9,
PAGES 565, ET SEQ., OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM
9909
TIME TO TIME, AND IN PARTICULAR AS AMENDED BY ORDINANCE N0. 61o6, AS AMENDED,
BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT,
SECTION 2. THAT A SPECIAL COUNCIL PERMIT BE GRANTED FOR OPERATION
OF A TRAVEL TRAILER PARK ON A 2.83—ACRE TRACT OF LAND LOCATED IN BROOKLYN J
t�
I
ADDITION, BLOCK 41�I, LOTS 1, 3 AND 5, AND THE GIVENS TRACT, PLUS THE STREET
E
RIGHT OF WAY OF TtMON BOULEVARD, LOCATED ON THE NORTH END OF CORPUS CHRISTI
BEACH, WEST OF TIMON PARKWAY RAILROAD RIGHT OF WAY), EAST OF HIGHWAY 181, I
NORTH OF HULL STREET TO CORPUS CHRISTI BAY, IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE SITE PLAN, APPROVED BY
s
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THE PLANNIN& COMMISSION, A COPY OF WHICH SITE PLAN IS ATTACHED HERETO AND
MADE A PART HEREOF) SUBJECT TO ALL OTHER REQUIREMENTS OF "BA" DISTRICT.
i
THE SPECIAL COUNCIL PERMIT HEREIN GRANTED SHALL BE CONDITIONED ON
THE FULL AND CONTINUOUS COMPLIANCE BY THE PERMITTEE WITH ALL TERMS AND CONDI-
TIONS AS TO CONSTRUCTION, USE AND OPERATION OF THE TRAVEL TRAILER PARK
DETAILED IN EXHIBIT "A", A COPY OF WHICH IS ANNEXED HERETO AND BY THIS
REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF FOR ALL PURPOSES. IN
THE EVENT THE BOARD OF ADJUSTMENT GRANTS, ORDERS OR PERMITS ANY USE, CHANGE,
ALTERATION, IMPROVEMENT, VARIANCE OR SPECIAL EXCEPTION AS TO THE SUBJECT PRO—
,
i
PERTY, THIS SPECIAL PERMIT SHALL THEREUPON BECOME NULL AND VOID AND OF NO
FORCE AND EFFECT WHATSOEVER. THE SPECIAL PERMIT GRANTED HEREIN MAY BE
CANCELLED BY ORDER OR ORDINANCE OF THE CITY COUNCIL EFFECTIVE AFTER 30 DAYS
- I
FROM'THE DATE OF PUBLICATION OF SUCH ORDER OR ORDINANCE. j
SECTION 3. THAT THE OFrICIAL ZONING MAP OF THE CITY'OF CORPUS
CHRISTI, TEXAS, BE., AND THE SAME IS HEREBY AMENDED AS HEREIN ORDAINED.
i
,
SECTION 4. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF
CHRISTIO TEXAS, APPROVED ON THE 27TH DAY OF AUGUST, 1937, AS AMENDED FROM
TIME TO TIME, EXCEPT AS HEREIN CHANGED, SHALL REMAIN IN FULL FORCE AND EFFECT. I
SECTION 5. THAT AL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH ARE HEREBY EXPRESSLY REPEALED.
SECTION 6. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESAID
CHANGE FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND
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i
AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE
THAT NO ORDINANCE OR RESOLUT40N SHALL BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE
SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH
EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE f
CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS `
INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER !
ITS PA GE) IT IS ACCORDINGLY SO ORDAINED, THIS THE 0:�"-ct DAY OF
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1 9T0.
I
ATTEST:
CITY 77SEChR ARN �
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: 47
L DAY of , 1970:
ING GJTY
EXHIBIT "A"
THE FOLLOWING ARE THE SPECIAL PERMIT CONDITIONS!
1. THAT THE AREA BE LIMITED TO MOBILE CAMPERS OR TRAVEL TRAILERS
WHICH ARE DESIGNED AS A VEHICULAR AUTOMOBILE STRUCTURE BUILT ON A CHASSIS
OR A CAMPER FOLDING STRUCTURE MOUNTED ON WHEELS) BOTH DESIGNED TO BE USED AS
TEMPORARY DWELLINGS FOR TRAVEL RECREATION AND CAMPING USE. BOTH SUCH TYPES
MAY BE DEPENDENT OR INDEPENDENT TRAILERS WHICH MAY REQUIRE SUCH SERVICES AS
BUILDINGS FOR TOILETSO SHOWERS OR BATHING, AND LAVATORY FACILITIES.
2. ACCESS TO THE MOBILE CAMPER OR TRAVEL TRAILER PARK SHALL 13E
FROM AN ARTERIAL HIGHWAY OR SECONDARY THOROUGHFARE. THE NUMBER AND LOCATION
OF ACCESS DRIVES SH4LL BE CONTROLLED FOR SAFETY AND PROTECTION OF PERSONAL
PROPERTY. No MOBILE CAMPER OR TRAVEL TRAILER SPACES SHALL BE DESIGNED FOR
DIRECT ACCESS TO A STREET OUTSIDE THE PREMISES OF THE MOBILE CAMPER OR TRAVEL
TRAILER PARK. INTERIOR ACCESS DRIVES SHALL BE AT LEAST 24 FEET 1N WIDTH,
SURFACED, AND MAINTAINED IN A SMOOTH HARD AND DENSE SURFACE WHICH SHALL BE
WELL DRAINED,
3. THERE SHALL BE NO MINIMUM LOT AREA FOR A MOBILE CAMPER OR TRAVEL
TRAILER SPACE IN A MOBILE CAMPER OR TRAVEL TRAILER PARK EXCEPT THAT MOBILE
CAMPERS SHALL BE SO HARBORED ON EACH SPACE THAT THERE SHALL BE AT LEAST A
10--FOOT UNOBSTRUCTED CLEARANCE BETWEEN MOBILE CAMPERS PROVIDEDP HOWEVERy THAT
NO PART OF A MOBILE CAMPER OR TRAVEL TRAILER SHALL BE LOCATED CLOSER THAN
20 FEET TO ANY BUILDING WITHIN THE PARK NOR CLOSER THAN 5 FEET TO ANY ACCESS
DRIVE,p NOR 25-FEET TO ANY ABUTTING PUBLIC STREET OR HIGHWAY. THERE SHALL BE
NO MORE THAN 25 MOBILE CAMPERS OR TRAVEL TRAILER SPACES PER ACRE OF GROSS
SITE AREA,
4. EACH MOBILE CAMPER OR TRAVEL TRAILER SPACE SHALL PROVIDE
SUFFICIENT PARKING AND MANEUVERABILITY SPACE SO THE PARKINGp LOADING OR
MANEUVERING OF TRAILERS INCIDENTAL TO PARKING SHALL NOT NECESSITATE THE USE
OF ANY PUBLIC STREET, SIDEWALK OR RIGHT -OFF -WAY OR ANY PRIVATE GROUNDS NOT
PART OF THE MOBILE CAMPER OR TRAVEL TRAILER PARK.
5. IN ALL MOBILE CAMPERS OR TRAVEL TRAILER PARKS THERE SHALL BE
AT LEAST ONE RECREATION AREA WHICH SHALL BE ACCESSIBLE FROM ALL SPACES. THE
SITE OR SITES OF SUCH RECREATION AREA OR AREAS SHALL TOTAL NOT LESS THAN
EIGHT PERCENT OF THE GROSS SITE AREA OR 2,,500.SQUARE FEET., WHICHEVER IS
GREATEST.
G. OUTSIDE LIGHTING SHALL BE ERRECTED IN SUCH A MANNER THAT IT
NOT BE DETRIMENTAL TO OR PROJECT ONTO ADJACENT PROPERTIES AND ANY OUTDOOR
ADVERTISING SHALL BE RESTRICTED BY THE ZONING DISTRICT IN WHICH THE PARK 19
SITUATED.
7. AN ACCESSIBLE ADEQUATE., SAFE, AND POTABLE SUPPLY OF WATER
SHALL BE PROVIDED IN EACH MOBILE CAMPER OR TRAVEL TRAILER PARK. WHERE A
PUBLIC SUPPLY OF WATER OF SATISFACTORY QUANTITY, QUALITYp AND PRESSURE IS
AVAILABLE.. CONNECTION SHALL BE MADE THERETO! AND ITS SUPPLY USED EXCLUSIVELY
AND SHALL MEET ALL STANDARDS OF THE CITY OF CORPUS CHRISTI PLUMBING ORDINANCE.
EACH MOBILE CAMPER OR TRAVEL TRAILER PARK SHALL BE PROVIDED WITH ONE OR MORE
EASILY ACCESSIBLE EATER SUPPLY OUTLETS FOR FILLING TRAILER WATER STORAGE
TANKS. SUCH WATER SUPPLY OUTLETS SHALL CONSIST OF AT LEAST A WATER HYDRANT
AND THE NECESSARY APPURTENANCES.
8. A CEN-iRAL SERVICE BUILDING CONTAINING THE NECESSARY TOILF.T'
AND OTHER PLUMBING FIXTURES SPECIFIED SHALL BE PROVIDED IN MOBILE CAMPER
OR TRAVEL TRAILER PARKING AREAS WHICH PROVIDE PARKING SPACES FOR DEPENDENT
TRAIi.ERS. SERVICE BUILDINGS SHALL BE CONVENIENTLY LOCATED WITHIN A RADIUS
OF t-PPROXIMATELY 300 FEET TO THE SPACES TO BE SERVED.
NO. OF PARKING TOILETS URINALS LAVATORIES SHOWERS OTHER
';aArrc Mrm Wnuru Mrri Mrm Wnuru Mrm Wnurm Ft vrimra
1-15
1
1
i
1
1
1 1
1 SERVICE
IL- O
1
2
1
2
2
1 1
SINK WITH
i� 4
2
2
1
3
A FLUSHING
4:•
2
2
1
3
3
2 2
R I M
- .
4
2
4
4
2 2
�•' .00
4
2
FOR PARKING AREAS HAVING MORE THAN 100 TRAVEL TRAILER SPACES THERE
SHAL, E PROVIDED: 1 ADDITIONAL TOILET AND LAVATORY FOR EACH SEX PER EACH ADDI-
T',IOI;:... 30-TRAILER SPACES; 1 ADDITIONAL SHOWER FOR EACH SEX PER EACH ADDITIONAL
40 T.';AILER SPACES AND 1 ADDITIONAL MENDS URINAL PER EACH ADDITIONAL 100 TRAILER
SPACE 3.
ALL ROOMS CONTAINING SANITARY OR LAUNDRY FACILITIES SHALL:
A) HAVE SOUND RESISTANT WALLS EXTENDING TO THE CEILING BETWEEN
MALE AND FEMALE SANITARY FACILITIESp WALLS AND PARTITIONS j
AROUND SHOWERS) BATHTUBSp LAVATORIES AND OTHER PLUMBING
FIXTURES SHALL BE CONSTRUCTED OF DENSEO NON-ABSORBENTp WATER
PROOF MATERIAL OR COVERED WITH MOISTURE RESISTANT MATERIAL;
i
8) HAVE AT LEAST ONE WINDOW OR SKYLIGHT FACING DIRECTLY TO THE
OUTDOORS. THE MINIMUM AGGREGATE GROSS AREA OF WINDOWS FOR
EACH REQUIRED ROOM SHALL BE NOT LESS THAN 10 PERCENT OF
FLOOR AREA SERVED BY THEM]
C) HAVE AT LEAST ONE WINDOW WHICH CAN BE EASILY OPENED OR A
MECHANICAL DEVICE WHICH WILL ADEQUATELY VENTILATE THE ROOM.
TOILETS SHALL BE LOCATED IN SEPARATE COMPARTMENTS EQUIPPED WITH
SELF -::LOSING DOORS. THE SHOWER STALLS -SHALL BE OF INDIVIDUAL TYPE. THE ROOMS
SHALL BE SCREENED TO PREVENT DIRECT VIEW OF THE INTERIOR WHEN THE EXTERIOR ;
000l."i ARE OPEN,
HOT AND COLD WATER SHALL BE FURNISHED TO EVERY LAVATORYp SINKp BATH-
TUBp !iHOWER AND LAUNDRY FIXTUREp AND COLD WATER SHALL BE FURNISHED TO EVERY
WAT'r: CLOSET AND URINAL.
A SANITARY STATION SHALL BE PROVIDED CONSISTING OF AT LEAST A
TRAFt-ZD 4" SEWER RISER PIPE, CONNECTED TO THE MOBILE CAMPER OR TRAVEL TRAILER
PAR!: ;kREA SEWERAGE SYSTEM SURROUNDED AT THE INLET END BY A CONCRETE APRON i
SLOPFU TO THE DRAIN) AND PROVIDED WITH A SUITABLE HINGE COVER; -AND A WATER I
OUT1. :,$ WITH THE NECESSARY APPURTENANCES1 CONNECTED TO THE PARK AREAp WATER
SUPPLY SYSTEM TO PERMIT PERIODIC WASHDOWN OF THE IMMEDIATE ADJACENT AREAS.
FACE A OBILE CAMPER OR TRAVEL TRAILER PARK SHALL BE PROVIDED WITH A MINIMUM
SAN!•••RY STATION 1N THE RATIO OF AT LEAST ONE FOR EVERY 100 TRAILER SPACES
OR A ''FACTIONAL PART THEREOF. SUCH SANITARY STATIONS SHALL BE SCREENED FROM
OTHF'- ACTIVITIES BY VISUAL BARRIERS SUCH AS FENCES$ WALLSI OR NATURAL GROWTH
AND '-LL BE SEPARATED FROM ANY TRAILER SPACE BY A DISTANCE OF AT LEAST 50 FEET.
9. WHEN AN ELECTRICAL WIRING SYSTEM IS PROVIDED1 IT SHALL -CONSIST
OF r OVED FIXTURES3 EQUIPPED AND APPURTENANCESy WHICH SHALL.BE INSTALLED
AND 11TAINED IN ACCORDANCE WITH THE ELECTRICAL CODE AND REGULATIONS GOVERN-
ING "Ii SYSTEMS.
10. STORAGE, COLLECTION AND DISPOSAL OF REFUSE IN THE MOBILE
CAM.-�'Z OR TRAVEL TRAILER PARK AREA SHALL BE SO CONDUCTED AS TO CREATE NO
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HCALTH HAZARDSp RODENT HARBORAGEO INSECT BREEDING AREASp ACCIDENT OR FIRE
HAZARDSp OR AIR POLLUTION. ALL REFUSE SMALL BE STORED IN FLYTIGHTj WATER-
TIGHT AND RODENT PROOF CONTAINERSI WHICH SHALL -BE LOCATED NOT MORE THAN 150
FEET FROM ANY TRAILER SPACE,
11. THE MOBILE CAMPER OR TRAVEL TRAILER PARK AREA SHALL BE SUBJECT
TO THE RULES AND REGULATIONS OF THE CORPUS CHRISTI FIRE PREVENTION AUTHORITY.
12. THE PERSON TO WHOM THIS SPECIAL PERMIT IS ISSUED SHALL AT ALL f
TIMES OPERATE THE MOBILE CAMPER OR TRAVEL TRAILER PARK IN COMPLIANCE WITH �
THIS ORDINANCE AND SHALL PROVIDE ADEQUATE SUPERVISION TO MAINTAIN THE. MOBILE
CAMPER AND TRAVEL TRAILER PARK AREAp ITS FACILITIESp AND KEEP EQUIPMENT IN i
nOOD REPAIR AND IN A CLEAN AND SANITARY CONDITION AT ALL TIMES.
13. EVERY OWNER OR OPERATOR OF A MOBILE CAMPER OR TRAVEL TRAILER
PARK AREA SHALL MAINTAIN A REGISTER CONTAINING A RECORD OF ALL TRAILERS AND
OCCUPANTS. SUCH REGISTER SHALL BE AVAILABLE TO ANY AUTHORIZED PERSON IN-
SPECTING THE MOBILE CAMPER OR TRAVEL TRAILER PARK AREA AND SHALL BE PRESERVED
FOR A PERIOD OF THREE YEARS. SUCH REGISTER SHALL CONTAIN (A) THE NAMES AND
PERMANENT ADDRESSES OF ALL TRAILER OCCUPANTS; (B) THE MAKE, MODEL AND LICENSE !'
.:UMBER OF THE TRAILER AND TOW VEHICLE; AND (C) THE DATES OF ARRIVAL AND
CEPARTURE OF A TRAILER OR ITS OCCUPANTS.
1,
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Corpus Christi,
. X ay of 19 JG
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
Z R
THE CITY OF CORPUS CHRISTI, TEYAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon -er'
Gabe Lozano, Sr.
Q. A. "Dick" Bradley, Jr. 61
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the fo wing vote:
Jack R. Blackmon ae 4-_�
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
r
Eduardo E. de Ases
Kea McDaniel
' c
W. J. ',`Wrangler" Roberts ae_�
Ronnie Sizemore
N
ri
EXHIBIT C
INSURANCE REQUIREMENTS
I. LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this agreement until all insurance required has been obtained and
such insurance has been approved by the City. Lessee must not allow any subcontractor Agency to
commence work until all similar insurance required of any subcontractor Agency has been obtained.
B. Lessee must furnish to the City's Risk Manager and Contract Administer one copy of Certificates of
Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation
is required on all applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
Bodily Injury and Property Damage
required on all certificates or by applicable
Per occurrence - aggregate
policy endorsements
Commercial General Liability Including:
$1,000,000 Per Occurrence
1. Commercial Broad Form
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
PERSONAL PROPERTY INSURANCE
Lessee, at their own expense, shall be responsible for
(if applicable)
insuring all owned, leased or rented personal property.
C. In the event of accidents of any kind related to this agreement, Lessee must furnish the Risk Manager with
copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed
insurance company. The coverage must be written on a policy and endorsements approved by the Texas
Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient
to assure that all workers' compensation obligations incurred by the Lessee will be promptly met.
B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension
hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies
authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than
A- VII.
C. Lessee shall be required to submit a copy of the replacement certificate of insurance to City at the address
provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from
said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain
or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City, with the exception of the workers' compensation
policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide 30 calendar days advance written notice directly to City of any suspension, cancellation, non -
renewal or material change in coverage, and not less than 10 calendar days advance written notice for
nonpayment of premium.
E. Within five calendar days of a suspension, cancellation, or non -renewal of coverage, Lessee shall provide
a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to
suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure
to provide and to maintain the required insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, the City shall have the
right to order Lessee to remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be
held responsible for payments of damages to persons or property resulting from Lessee's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2021 Insurance Requirements
Ins. Req. Exhibit - Legal
Lease Agreement -- Puerto Del Sol