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Home My WebLink About06902 ORD - 05/08/1963EEC 5 -3 -63 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH HARRY STUTH, JR. FOR THE USE OF BOAT SLIP NO. X16 AT PEOPLES STREET T -HEAD IN THE CORPUS CHRISTI MARINA FOR THE CONCESSION OF SELLING AND RENTING SAIL BOATS AND RELATED ARTICLES FOR CERTAIN CON- SIDERATIONS, AND UNDER CERTAIN CONDITIONS, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, 70 EXE- CUTE A MONTHLY USE PRIVILEGE AGREEMENT WITH HARRY STUTH, JR. FOR THE USE OF BOAT SLIP N0. 46 AT THE PEOPLES STREET T-HEAD IN THE CORPUS CHRISTI MARINA FOR THE CONCESSION OF SELLING AND RENTING SAILBOATS AND RELATED ARTICLES FOR CERTAIN CONSIDERATIONS AND UNDER CERTAIN CONDI- TIONS, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ENTER INTO THE ABOVE SAID AGREE- MENT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION 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 SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID 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 FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY ORDAINED, THIS THE �J DAY OF MAY, 1963. ATTES CITY APPROVED AS TO LEGAL FORM THIS THE DAY 0 0rj MAY, 1963: 6902 R THE CITY OF CORPUS CHRISTI, TEXAS Y USE PR I U t LEGS A ThE STATE Or COUNTY Or NUECES AT T Kidd AU. THESt PRESENTS tS AGRCL ESIT to NAO AUD EtaTERtD tNTQ OT AN GETVECN TOE CSTY Ut' Cotl=Us Cs-toss-0i A. HOMMEkis el1tPStr0T40U .00ATCO t$ NuRccs:' EowHrV, 'TEXAS,'licREtNAF'TER CAGLCI? "iv iYT ",' AND- :HARRY STUTNj. ,fiz.y HEREt H= AFTER' CALLED 'VON'1TR.E7;,ron THE U11E6, IfRWVIf,EGES AFDLtuDER Teat TEPND tftNAFTER PROVIDED FOR 'A MQYTii4 PA+ARLC tW ADYAt3El ON @Ffi tiE t;3RE THE 15TH PI, OF.EACF# MQtiTFty 3EC.iN`itiN+ aTHC 15'ui AAT DIE ,Ju ?as AHQ EHfl[tatt THE 15TH DAY. Or SEPTFMELR, t;9 .3. TH<". PEIi.$ TTcE SHAI1 ItAYE THIw RIG@IT TQ CONIMIGI THE '[SS qE RFt:1FatiG *w/oR B£LLINv sM $OATS AtiD ART/ELL? AYLkID_1 SAtL1NCi, tNCLt1At{dG $UCH ITEMS -SAS. i UDYA.PtT SAF`Ef? {i ZL.T5 A441;' CAR 70R RAGS roi CARRY I NC: I DATA, UNDER "THE TERMS AND C jwejlT10r15 iIEREI14 PRO IUED 11: PEBMi7TEEAORI;I;S YQ HANOL.CSAH. tiWATS O[", --TYPE- 0H1.Y, YHAT.. IIIG A }MODEL. OF ssAH .UUAT .ALLr:(a ff fLY .SAILS '`o li d8. A SMALL is NTAL or F i rTECI, Do l.Ait9 ( 44' ).4 O) 1�CFc'lAD3tTN, vert TYPE I r :e *t LOOM' APPOO1SI MAT ELT 15 FEET IN I,Et4GTH "AND WI-1 f LVAU.$ FOR PRL6E't!r APPROXIMATELY THREE HUMORED DOLLARS ($3OQ Oa). lil PERNITTEE 114413,-.SE AUTHORIZED TO REaT sAf .OATS FROM THE '$A I0 ; Si. sr- Ho. , lit TO MEMLeERS:OF THE'PUBt. EC, PROT10ED -.TNC FOLLOWI CQh!DtTaONss A O PRECAUTIO5 $f 003ERVE0: A RENTALS SHALL `'a at NADE ONLY TO.PE;RSONS t:UALI ICD TO'011 RATC SU &H SAILFit}A>I's'As OETERNIRED OT INTER- RQGAT.SONO OF THE APPLICANT. �.: ADEQUATE SAFETY IoSY Run' s Dos • ;So ALL 'PRO PC11IVC ItI:HTL:Ra: AND RE64TERa OF THE'3A.SLROATS SHALL SE. NADC • - t 4F THS..fteuTER - P341OB' TO DELIVERY OF *Hy $AILESQAT ipTQ .THE. 4U4s10 )Y OF SUCH iFZOITO. A LI f C OELT SHALL BE PRGVITitO. TO UCH RENTCR'eer TNE PEHMItTCC AHO EACH :RENTER SHALL BE RCQU'REO TiA WAR SUCH LIFE BELT _SRILE HAVING CUSTODY, OF: OUCH COAT.'` IV THE 'RENTAL $3HALi.,NOT £ACEED 0Ne DOLLAPo (I .00) FOR 001. Pi1NUTES FOR ANY RIDE OR &FATAL OF OUCH ®OAT AND NOT IN 'ESC COO: or TVo,DoLLARS (42.00) PER HOUR. TEN' PERCENT (t Oro) Or RENTALS. onAL4: BE PAI0 TO THE CITY'Aat CONBIDERAT$OR FOR TMC 48SUANC DF THtB PCRMIt AHD CONCESSION. PAYMENT 10N•EACH $ONTH OF THE TERN OP THIS:AGREENI=NT SHALL $E MAOE:W)T$ A STATEMENT Of THC:AMOUNT -.OF RENTAL COLLECTED ,DUN ING -`_ - 'EAGII 0AY bF THE PRECEDING ROOTS,. WITHIN Fly c/(5) DAYS FROM TOE £ND Or EAGII'NONTH OF THIS PERMIT, THC F)RST !ONTO CHOINB .tIULY 155, i 62e THE PERHI TICE, SRALL BE ALLOWED TO RENT ARTICLES A}LIC0 TO SAILING AND TO SELL SANE TO CUSTONCRS; SUCH ITEMS $O PCANITTC TO INCLUDE ARTICLES SUCH AS BUOYANT SAFETY BELTS AND CAR TOP RACKS FOR CARRYING BOATS. TCAU PERCENT - (1O oP ALL GROSS SA 1.C$ SRALI. PAtb To Tilt CITY IN ADDITION TO ALL OTHER PAV ENTS.REOUIREO UNDER THIS PCRNIT AGRaEMENT. Y1 BtroRE COHQt1C {IItGANY'f°IUSINES9, THE PERMITTEE SHAI:S. CARRY }„ ZHLNARE OF THE' CITY. FOR BENEFIT Dr THE • PUBLIC, POSL.IC LJABILITY ANO- 'PROPERTY DAMAGE .)NSURAf4CE SAVING SUFFICIENT PROVISIONS THEREIN TO PROTECT INC CITY 114 ALL fiCSPEGT6 FROM ANY CI.4IM9 WHICH M10141:8E )iiES£NTCD BY REASON or, : THE OPERATION OF THE mantas,. .THE COND171 oN7 OF THE OPERA ° TIORS OR INC CONDITION OF THC-PROPtHTY OF THE PER141TTEE. THE N0NTHLY $ iP RFSITAL OF. rsvTECtI DOLLARS 015.001 PtR'MONTH SHALL A OVA NC er. EACH MONTH OP -- TOOE.; TERM Or TH t.$ PERMIT+ V1i,- Tilts PERMIT. SHALL :EXPiRI 0 ft SEPTEMBER 15,,:1 PAID IH iff1• PERMIREB RAT ERECT: AT SAID SLAP 14*.,,k6 or THE PEOPLES. STREET T -HEAD AN ILLUMINATED SIGN NOT TO EXCEED AN AREA Or 'THIRTY (o) SQUARE FEET TO ADVERTISE THE BUSINESS OF-PERM1T111. IX. THE 'PERMITTEE HERE0Y RELEASES THE CITY FROM ALL PARADES AND CLAIMS OF ANY SORT* WHETHER TO P1R€HIN OR TO PROPERTY* ARISING/ INCIDENT TO THE.PEAMIT7CE1S USE OF THE PREMISES OR ARISING DHRINO THE PERMi?TEE'5 USE OF THE PREMISES AND AGREED TO HOLD THE CITY HARMLESS FROM ANT DAMAGE SUSTAINED OTTER-RITTER OR 6Y ANY OF.UI$ AOEN711' EMPLOYEES OR INVITEES] AND TO ANDEMNIFY'THIS CITY. A3A1NST AMY AND-ALL'CLAIMS "FOR SUCH LOSS, . DAMAGE OR INJURY. PERMITTEE AQREES TO PROVIDE TO THE CITY OF CORPUS CHRISTI/, AT PERMITTEE'$ EXPENSE* UPON EXECUTION OF TRIO AOREEI/ENT* A POLICY OF PUBLIC LIAOILITY. AND PROPERTY 0¢MAG'E INSURANCE AS#U£O RY A REPUTABLE CASUALTY INSURANCE COMPANY A10EPTABLIL TO -THE CITY,* WITH PERSONAL 1.IA01L1TY 10SURAHCE LIMITS OF NOT 1.1:88 IRAN $50,00040 POO .ANY ONC -illr.►1RY AND S100,0OO.00 FOR ANY ONE ACCIDENT AND PROPERTY .._._ 0AN*GE LIABILITY OF NOT LESS THAN $CjO,000.d01,UNLES$ OTHERWISE 8T1P11 LATEO 111 WRITING 8Y THE D1RCCTOR OF THE DEPARTMENT OF PARKS AND MECIIEATION AND .APPROVED Ail THE 61"/ GIANAOER. PER MITT ARREE5 THAT HE WILL PROMPTLY-EXECUTE AND ALL O*DIRANCE0.00 REOULATIORS OF THE STATE, COUNTY, CITY A LFILL 0 omen GOVERNMENTAL AOENCIE5 APPLICABLE TO *AIR pROPERTY,. Amp AL1.0f01NANCES OA RCCULATIDNS IMPOOE0 07 THE SOARC OP 111ALTH, SANI.ARY AHD.POLICE 0EPA1i7MENTS, FOR THC CORNE01I'DN, PREVENTION AND ABATENENT 0F.: RU10ANCES IN 00 UPON OR C0N111 CTE0 WITH SAID PROPERTY OURINCI THE TERM OF TH18 PE01117 *7 PERMITTEEAB SOLE EXPEN8E AND COB.. XL. PENMLTTEESHALL NOT PLACE; PAINT 011 OTHER0i9E WI! ANY BMWs* A7, OR' O1ir 00 ABOUT THE PROPERTY, OR ANY PART 'THEREOFp.EXCEPT AS AND 1111ERE F [BST APFR0VEO 11i WRIT /M0 BY THE-CITY. THE 1117? B1ALi - - HAVE THE RICHT AT ANY TIME TO REQUIRE PERMI710E TO REMOVE* •0*IHT OR RIPA!R OF THE 31ONS ALLOWED. SHOULD PERM,TTEI: NOT REMOVE, PAINT OR '. REPAIR .SA10`SIORS WITMIN TEN O-AT$'OF DEMAND THERETOR IN WRIT ING,'TNIr,� - -.- CITY NAY FULFILL IT$ DEMANDS AHD CHARGE THE EXPENSE Or SANE TO ERMITTER♦ No ASSENT, .C31PFiCs$ OR 101' ttO, 6Y, THE �I FK FO ANY SREAGH. 01 ANT at PERHITTEF�$ OOVENAHTS, AOREEMEI1TS, COMD1TIQNS:OR TERb$$ HEREOF_ IIHAtL 9E'OEENED OR TA111N TQ OC 6 VAINER OF, ANY SUCCtCfiINO.RREACH OF :. =AMIf COVIHANTF' JACITEEMENT, CONDLIION 0II;TERM HEREOF!' �• Xil le .. - 'IHE CITY REifwlVEs THE SIGHT TO ENTER SAID PREMISES AT ANY TINE OURINO THE 'EXIST CE OM TI/IS 'LEASE FOR TILE P,WIPOSE O1 INSPECTING .TH$ SAME IN GBDER TO OE7E100 NE :' WHETHER, THE TERM OF ,$11,1D LEASE ARC REIRO OBSERVED ARO GARAIEO OUT. xv. THE -CITY SHALL HAVE. A STATUTORY t.ANOLORDi$. 3,.1EN AND Ili -- :ADDITION IT HER*I<Y i.' OSTEN An'ENPRESS LARPLOROIO .4. 1EN AS SECURITY FOR THE FIXED RENT HEREIN'RE$EAVE$, AS WELL A$ ANY; OTHER CHAR(iEs ON t%PEHs ELSEW4ERt.H¢REINA60VE OM HEREINAFTER 0E$IQNAtE0 AS °AOOITIONAI. RENT" ::111.011 ALL THE 40002,! WARES, CHATTELS, ttWLEMENTs, •F i ATNRE2, FURS I TuRi?, 'TOOLS, NACHINERT ,Nit O' RER PERSONA{. PROPERTY WiICN PRO MfI1TTEE NON Ol AT ANY 11111 HEREAFTER PLACED IN DR UPON NA!D 'PROP ARTY," ALL (HEMPTIONA or NA 1D 'PROPERTY OR ANY PART 9F yr OE ISO HEREBY MAIVEL1. r. ItV. PERMITTER AGREES NOT: TO SURLET THE LEANED -- ARE-RISE9OR ANY PART THEREOF WITHOUT THE CONSENT OF THE CITY IR VRITING. FITNESS THE EXECUTION HEREOF"' IN DUPLICATE ORIGINALS" -EACH 9f WICK 15 _TO of CpNS10ERED AS AN ORIGINAL, Tii13 THE OAT OF , 1963• ATTEST: CITY SECRETARY:, APPROVED `AS TO LEGAL FORM THI CITY AT70R$ s: CITY OF CORPUS CHRISTI, TEXAS irr HERBERT War WHITNEY CITY MANAGER AR NT- SUITS, ;: JR• -- PEtit4ITFEI • '„ CORPUS CHRISTI, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION 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, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, OR THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE Re DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW! G VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON Me P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. • PHONE TU 4-1655 • AUTO • FIRE • INDUSTRIAL • YACHT • PROFESSIONAL ANALYSIS • LIFE AND HOSPITALIZATION "Corpus Christi's Oldest end Most Modem Agency" P.O. BOX 187 - 209 PEOPLES ST. CORPUS CHRISTI, TEXAS July 12, 1963 Mr. T. Ray Kring, City Secretary City Hall P. 0. Box1622 Corpus Christi, Texas Dear Ray: Enclosed is the original copy of the contract your recently sent to me regarding the rental of the sail boats on the T -head. Unfortunately, 1 will be unable to operate this business this summer and am returning the original contract to you. Apparently the park board has already surmised my decision as I have noticed that the slips I was going to rent have been rented to others. Thank you very much for your assistance; I hope that my delay in returning this contract has not caused you any inconvenience. Yours ery truly, L. HAR Y P. S UTH, JR. HPSJr /I lw Enclosure • MONTHLY USE PRIVILEGE AGREEMENT THE STATE OF TEXAS I COUNTY OF NUECES II KNOW ALL MEN BY THESE PRESENTS: THAT THIS AGREEMENT I5 MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION LOCATED IN NUECES COUNTY, TEXAS, HEREINAFTER CALLED "CITY ", AND HARRY STUTH, JR., HEREIN- AFTER CALLED "PERMITTEE ", FOR THE USES, PRIVILEGES AND UNDER THE TERMS HEREINAFTER PROVIDED: FOR A MONTHLY RENTAL OF FIFTEEN DOLLARS ($15.00) PER MONTH, PAYABLE IN ADVANCE ON OR BEFORE THE 15TH DAY OF EACH MONTH, BEGINNING THE 15TH DAY OF JUNE AND ENDING THE 15TH DAY OF SEPTEMBER, 1963, THE PERMITTEE SHALL HAVE THE RIGHT TO CONDUCT THE BUSINESS OF RENTING AND /OR SELLING SAILBOATS AND ARTICLES ALLIED TO SAILING, INCLUDING SUCH ITEMS AS BUOYANT SAFETY BELTS AND CAR TOP RACKS FOR CARRYING BOATS, UNDER THE TERMS AND CONDITIONS HEREIN PROVIDED. II. PERMITTEE AGREES TO HANDLE SAIL BOATS OF ONE TYPE ONLY THAT TYPE BEING A MODEL OF SAILBOAT CALLED "FIREFLY SAILS ", WHICH IS A SMALL TYPE OF SAILBOAT APPROXIMATELY 15 FEET IN LENGTH AND WHICH RETAILS FOR A PRICE OF APPROXIMATELY THREE HUNDRED DOLLARS 0300.00). PERMITTEE SHALL BE AUTHORIZED TO RENT SAILBOATS FROM THE SAID SLIP No. 1+6 TO MEMBERS OF THE PUBLIC, PROVIDED THE FOLLOWING CONDITIONS AND PRECAUTIONS BE OBSERVED: A. RENTALS SHALL BE MADE ONLY TO PERSONS QUALIFIED TO OPERATE SUCH SAILBOATS AS DETERMINED BY INTER- ROGATIONS OF THE APPLICANT. B. ADEQUATE SAFETY INSTRUCTIONS TO ALL PROSPECTIVE RENTERS AND RENTERS OF THE SAILBOATS SHALL BE MADE OF THE RENTER PRIOR TO DELIVERY OF ANY SAILBOAT INTO THE CUSTODY OF SUCH RENTER. C. A LIFE BELT SHALL BE PROVIDED TO EACH RENTER BY THE PERMITTEE AND EACH RENTER SHALL BE REQUIRED TO WEAR SUCH LIFE BELT WHILE HAVING CUSTODY OF SUCH BOAT. Iv THE RENTAL SHALL NOT EXCEED ONE DOLLAR ($1.00) FOR EACH 30 MINUTES FOR ANY RIDE OR RENTAL OF SUCH BOAT AND NOT IN EXCESS OF TWO DOLLARS ($2.00) PER HOUR. TEN PERCENT (1o%) OF RENTALS SHALL BE PAID TO THE CITY AS CONSIDERATION FOR THE ISSUANCE OF THIS PERMIT AND CONCESSION. PAYMENT FOR EACH MONTH OF THE TERM OF THIS AGREEMENT SHALL BE MADE WITH A STATEMENT OF THE AMOUNT OF RENTAL COLLECTED DURING EACH DAY OF THE PRECEDING MONTH, WITHIN FIVE (5) DAYS FROM THE END OF EACH MONTH OF THIS PERMIT, THE FIRST MONTH ENDING JULY 15, 1962. v THE PERMITTEE SHALL BE ALLOWED TO RENT ARTICLES ALLIED TO SAILING AND TO SELL SAME TO CUSTOMERS, SUCH ITEMS SO PERMITTED TO INCLUDE ARTICLES SUCH AS BUOYANT SAFETY BELTS AND CAR TOP RACKS FOR CARRYING BOATS. TEN PERCENT (10%) OF ALL GROSS SALES SHALL BE PAID TO THE CITY IN ADDITION TO ALL OTHER PAYMENTS REQUIRED UNDER THIS PERMIT AGREEMENT. VI BEFORE CONDUCTING ANY BUSINESS, THE PERMITTEE SHALL CARRY, IN THE NAME OF THE CITY, FOR THE BENEFIT OF THE PUBLIC, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE HAVING SUFFICIENT PROVISIONS THEREIN TO PROTECT THE CITY IN ALL RESPECTS FROM ANY CLAIMS WHICH MIGHT BE PRESENTED BY REASON OF THE OPERATION OF THE BUSINESS, THE CONDITION OF THE OPERA- TIONS OR THE CONDITION OF THE PROPERTY OF THE PERMITTEE. THE MONTHLY SLIP RENTAL OF FIFTEEN DOLLARS (15.00) PER MONTH SHALL BE PAID IN ADVANCE EACH MONTH OF THE TERM OF THIS PERMIT. VII THIS PERMIT SHALL EXPIRE ON SEPTEMBER 15, 1963. • .1 N • VIII. PERMI1PEE MAY ERECT AT SAID SLIP No. 46 OF THE PEOPLES STREET T -HEAD AN ILLUMINATED SIGN NOT TO EXCEED AN AREA OF THIRTY (30) SQUARE FEET TO ADVERTISE THE BUSINESS OF PERMITEE. IX. THE PERMITTEE HEREBY RELEASES THE CITY FROM ALL DAMAGES AND CLAIMS OF ANY SORT, WHETHER TO PERSON OR TO PROPERTY, ARISING INCIDENT TO THE PERMITTEEtS USE OF THE PREMISES OR ARISING DURING THE PERMITTEE'S USE OF THE PREMISES AND AGREES TO HOLD THE CITY HARMLESS FROM ANY DAMAGE SUSTAINED BY PERMITTEE OR BY ANY OF HIS AGENTS, EMPLOYEES OR INVITEES, AND TO INDEMNIFY THE CITY AGAINST ANY AND ALL CLAIMS FOR SUCH LOSS, DAMAGE OR INJURY. PERMITTEE AGREES TO PROVIDE TO THE CITY OF CORPUS CHRISTI, AT PERMITTEE*S EXPENSE, UPON EXECUTION OF THIS AGREEMENT, A POLICY OF PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ISSUED BY A REPUTABLE CASUALTY INSURANCE COMPANY ACCEPTABLE TO THE CITY, WITH PERSONAL LIABILITY INSURANCE LIMITS OF NOT LESS THAN $50,000.00 FOR ANY ONE INJURY AND $100,000.00 FOR ANY ONE ACCIDENT AND PROPERTY DAMAGE LIABILITY OF NOT LESS THAN $50,000.00, UNLESS OTHERWISE STIPU- LATED IN WRITING BY THE DIRECTOR OF THE DEPARTMENT OF PARKS AND RECREATION AND APPROVED BY THE CITY MANAGER. X. PERMITTEE AGREES THAT HE WILL PROMPTLY EXECUTE AND FULFILL ALL ORDINANCES AND REGULATIONS OF THE STATE, COUNTY, CITY AND OTHER GOVERNMENTAL AGENCIES APPLICABLE TO SAID PROPERTY, AND ALL ORDINANCES OR REGULATIONS IMPOSED BY THE BOARD OF HEALTH, SANITARY AND POLICE DEPARTMENTS FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES IN OR UPON OR CONNECTED WITH SAID PROPERTY DURING THE TERM OF THIS PERMIT AT PERMITTEE'S SOLE EXPENSE AND COST. XI. PERMITTEE SHALL NOT PLACES PAINT OR OTHERWISE AFFIX ANY SIGNS, AT, OR ON OR ABOUT THE PROPERTY, OR ANY PART THEREOF, EXCEPT AS AND WHERE FIRST APPROVED IN WRITING BY THE CITY. THE CITY SHALL HAVE THE RIGHT AT ANY TIME TO REQUIRE PERMITTEE TO REMOVE, PAINT OR -3- REPAIR OF THE SIGNS ALLOWED. SHOULD PERMITTEE NOT REMOVE, PAINT OR REPAIR SAID SIGNS WITHIN TEN DAYS OF DEMAND THEREFOR IN WRITING, THE CITY MAY FULFILL ITS DEMANDS AND CHARGE THE EXPENSE OF SAME TO PERMITTEE. XII. No ASSENT, EXPRESS OR IMPLIED, BY THE CITY TO ANY BREACH OF ANY OF PERMITTEE'S COVENANTS, AGREEMENTS, CONDITIONS OR TERMS HEREOF SHALL BE DEEMED OR TAKEN TO BE A WAIVER OF ANY SUCCEEDING BREACH OF ANY COVENANT, AGREEMENT, CONDITION OR TERM HEREOF. XIII. THE CITY RESERVES THE RIGHT TO ENTER SAID PREMISES AT ANY TIME DURING THE EXISTENCE OF THIS LEASE FOR THE PURPOSE OF INSPECTING THE SAME IN ORDER TO DETERMINE WHETHER THE TERMS OF SAID LEASE ARE BEING OBSERVED AND CARRIED OUT. XIV. THE CITY SHALL HAVE A STATUTORY LANDLORDS LIEN AND IN ADDITION IT HEREBY IS GIVEN AN EXPRESS LANDLORD'S LIEN AS SECURITY FOR THE FIXED RENT HEREIN RESERVES, AS WELL AS ANY OTHER CHARGES OR EXPENSES ELSEWHERE HEREINABOVE OR HEREINAFTER DESIGNATED AS "ADDITIONAL RENT" UPON ALL THE GOODS, WARES, CHATTELS, IMPLEMENTS, FIXTURES, FURNITURE, TOOLS1 MACHINERY AND OTHER PERSONAL PROPERTY WHICH PERMITTEE NOW OR AT ANY TIME HEREAFTER PLACED IN OR UPON SAID PROPERTY, ALL EXEMPTIONS OF SAID PROPERTY OR ANY PART OF IT BEING HEREBY WAIVED. XV. PERMITTEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY PART THEREOF WITHOUT THE CONSENT OF THE CITY IN WRITING. WITNESS THE EXECUTION HEREOF IN DUPLICATE ORIGINALS, EACH OF WHJ/CH IS TO BE CONSIDERED AS AN ORIGINAL, THIS THE 9 DAY OF 1963. CITY OF CORPUS CHRISTI ATTE CITY SECRET APPROVED AS CITY ATTORNEY B HERBERT W. WHITNEY CITY MANAGER •