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Home My WebLink About08422 ORD - 04/19/1967• 4/20/67 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON PEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A E E AGREEMENT WITH CHARLES ALLEN FOR THE EGE OF USING BOAT SLIP NO. ON THE NORTH - SIDE OF THE L -HEAD FROM WHICH 0 RENT SAILBOATS �TEACH SAILING IN THE CORPUS CHRISTI MARINA, FOR A TERM OF TWO YEARS, BEGINNING APRIL 22, 1967, ON THE T RMS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ACHED HERETO AND MADE A PART HEREOF; AND DECLARING 1 N EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH CHARLES ALLEN, FOR THE PRIVILEGE OF USING BOAT SLIP NO. ON THE NORTHWEST'SIDE OF THE L -HEAD FROM WHICH TO RENT SAILBOATS AND TEACH SAILING IN THE CORPUS CHRISTI MARINA, FOR A T M OF TWO YEARS, BEGINNING APRIL 22, 1967, ON THE TERMS SET OUT IN SAID REEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE FACT THAT THE SUMMER RECREATION PERIOD IS AT HAND AND IT WILL BE ADVANTAGEOUS TO THE PUBLIC TO HAVE A SAILBOAT RENTAL AND TEACHING CONCESSION SERVICE AVAILABLE TO THE PUBLIC FOR SUCH SUMMER RECREATION PERIOD CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 19TH DAY OF APRIL, 1967. t APPROVED AS-TO LEGAL FORM THISYTHE 19TH DAY OF APRIL, 1967: CITY ATTORNEY N� 2 SAILBOAT RENTAL AND INSTRUCTION CONCESSION AGREEMENT THE STATE OF TEXAS j KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 1 THIS AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION LOCATED IN NUECES COUNTY, TEXAS, HEREINAFTER CALLED "CITY ", AND CHARLES ALLEN, HEREINAFTER CALLED t "PERMITTEE ", FOR THE CONCESSION, USES AND PRIVILEGES AT THE LOCATION AND UNDER THE TERMS HEREINUNDER PROVIDED: I FOR A MONTHLY RENTAL OF TEN DOLLARS ($10.00) PER MONTH, PLUS FIVE PERCENT (5%) OF THE GROSS RECEIPTS OF RENTAL FOR THE YEAR 1967, AND TEN PERCENT (10 %) OF GROSS RECEIPTS OF THE RENTAL FOR THE BALANCE OF THE TERM, THE PERMITTEE SHALL HAVE THE RIGHT TO CONDUCT THEIBUSINESS OF RENTING SAILBOATS FOR CONDUCTING SAILBOAT INSTRUCTION PERIODS FROM BOAT SLIP N0. , LOCATED ON THE NORTHWEST SIDE OF THE L -HEAD. SAID MONTHLY SLIP RENTIAL SHALL BE PAID IN ADVANCE ON THE 1ST DAY OF EACH CALENDAR MONTH, BEGINNING WITH APRIL 22,1967. PERCENTAGE OF GROSS RECEIPTS FOR EACH MONTH SHALL BE CALCULATED UPON THE LAST DAY OF EACH CALENDAR MONTH AND PAYMENT MADE WITHIN TEN DAYS THEREAFTER. II ALL RENTAL BOATS SHALL BE OF A TYPE WHICH ARE OF A MOLDED FIBERGLASS SANDWICH CONSTRUCTION DESIGNED TO FLOAT WHEN CAPSIZED OR HOLED. THE RENTALS WILL BE $ PER BOAT PER HOUR DURING THE DAYS OF MON- DAY, TUESDAY, WEDNESDAY AND THURSDAY OF EACH WEEK. THE RATE FOR FRIDAY, SATURDAY AND SUNDAY SHALL BE $ PER BOAT PER HOUR.- NO MORE THAN FOUR- PERSONS WILL BE PERMITTED IN ANY BOAT. U. S. COAST GUARD APPROVED LIFE JACKETS WILL BE FURNISHED FOR EACH PERSON WITHOUT ADDITIONAL FEE. 1 EACH PERSON WILL BE REQUIRED TO WEAR A U. S. COAST GUARD APPROVED LIFE JACKET AT ALL TIMES. PERMITTEE WILL PROVIDE A PICK -UP BOAT AT ALL TIMES, EQUIPPED WITH OUTBOARD MOTOR TO PROVIDE RESCUE SERVICES. A FLOATING DOCK WILL BE PROVIDED TO PROVIDE SAFE ENTRY OF CUSTOMERS INTO AND OUT OF BOATS. NO RENTALS WILL BE PERMITTED AFTER ONE HOUR AFTER SUNDOWN. ALL BOATS WILL BE STORED ON THE FLOATING DOCK AT NIGHT. A SHADE STAND DESIGNED TO MEET L -HEAD REQUIREMENTS WILL BE PROVIDED FOR CUSTOMERS AND STUDENTS, INCLUDING A STANDARD SIZE SIGN AND SEAT FOR CUSTOMERS AND STUDENTS, ALL SUBJECT TO THE APPROVAL OF THE HARBOR MASTER. III RENTAL SHALL BE MADE ONLY TO PERSONS QUALIFIED TO OPERATE SUCH SAILBOATS AS DETERMINED BY INTERROGATION OF THE APPLICANT BY THE PERMITTEE. ADEQUATE SAFETY INSTRUCTION SHALL BE MADE TO ALL PROSPECTIVE RENTERS PRIOR TO DELIVERY OF ANY SAILBOAT INTO THE CUSTODY OF SUCH RENTER. IV BEFORE CONDUCTING ANY BUSINESS, THE PERMITTEE SHALL CARRY FOR THE BENEFIT OF THE PUBLICS NAMING THE CITY AS INSURED, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCES HAVING 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 OPERATING PREMISES, THE CONDITION OF THE MARINA OR THE CONDITION OF THE PROPERTY OF THE PERMITTEE AND SAID INSURANCE SHALL BE EVIDENCED BY CERTIFICATE FURNISHED TO THE CITY SECRETARY WITH LIMITS OF $100,000 PER PERSON AND $300,000 FOR EACH OCCURRENCE OF PERSONAL INJURY AND $50000 FOR EACH OCCURRENCE OF PROPERTY DAMAGE. V INSTRUCTION. INSTRUCTION SERVICES TO BE FURNISHED BY PERMITTEE SHALL CONSIST OF BASIC SAILING COURSE OF TWELVE HOURS OF PERSONALIZED IN- STRUCTION FOR A FEE OF THIRTY -FIVE DOLLARS ($35.00 PER PERSON. A TEXTBOOK WILL BE FURNISHED FOR THE INSTRUCTION FEE. THE BASIC SAILING COURSE INCLUDES PARTS OF THE BOATS RIGGING THE BOAT, GETTING UNDERWAY, DOCKING, ALL POINTS OF SAILING, SAFETY, SAILING THEORY AND SOLO SAILING. EACH GRADUATE WILL RECEIVE A CERTIFICATE AND A DISCOUNT FOR RENTAL THE FOLLOWING WEEKS DURING WEEKDAYS. PERMITTEE HAS A 23 -FOOT SAILBOAT IN WHICH TO GIVE BASIC SAILING INSTRUCTION. -2- I' VI THE PERMITTEE HEREBY RELEASES THE CITY FROM ALL DAMAGES AND CLAIMS OF ALL AND ANY SORT, WHETHER TO PERSON OR TO PROPERTY ARISING INCIDENT TO THE PERMITTEE'S 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. VII PERMITTEE AGREES THAT HE WILL PROMPTLY EXECUTE AND FULFILL ALL ORDINANCES AND REGULATIONS OF THE STATE, COUNTY, CITY AND OTHER GOVERN- MENTAL AGENCIES APPLICABLE TO SAID PROPERTY, AND ALL ORDINANCES OR REGULA- TIONS IMPOSED BY THE BOARD OF HEALTH, SANITATION AND POLICE DEPARTMENTS OF THE CITY FOR THE CORRECTIONS PREVENTION AND ABATEMENT OF NUISANCES IN OR UPON OR CONNECTED WITH SAID PROPERTY DURING THE TERM OF THIS PERMIT AT L� PERMITTEE'S SOLE EXPENSE AND COST. VIII PERMITTEE SHALL NOT PLACES PAINT OR OTHERWISE AFFIX ANY SIGNS ATE OR ON OR ABOUT THE PROPERTY, OR ANY PART THEREOF EXCEPT WHERE AND AS FIRST APPROVED IN WRITING BY THE CITY. THE CITY SHALL HAVE THE RIGHT AT ANY TIME TO REQUIRE PERMITTEE TO REMOVES PAINT OR REPAIR THE SIGNS ALLOWED. SHOULD PERMITTEE NOT REMOVE, PAINT OR REPAIR SAID SIGNS WITHIN TEN DAYS OF DEMAND THEREFOR IN WRITINGS THE CITY MAY FULFILL ITS DEMANDS AND CHARGE THE EXPENSE OF SAME TO PERMITTEE. IX 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. X 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. -3- xi THE CITY SHALL HAVE A STATUTORY LANDLORDS LIEN AND IN ADDI- TION IT HEREBY IS GIVEN AN EXPRESS LANDLORD'S LIEN AS SECURITY FOR THE FIXED RENT HEREIN RESERVED, 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, TOOLS, MACHINERY AND OTHER PERSONAL PROPERTY WHICH PERMITTEE NOW OR AT ANY TIME HEREAFTER PLACES IN OR UPON SAID PROPERTY, ALL EXEMPTIONS OF SAID PROPERTY OR ANY PART OF IT BEING HEREBY WAIVED. xll PERMITTEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY PART THEREOF WITHOUT THE CONSENT OF THE CITY IN WRITING. WITNESS OUR HANDS THIS THE ?DAY OF /f� 2�C_- , 1967, IN DUPLICATE ORIGINALS, EACH OF WHICH IS TO BE CONSIDERED AS AN ORIGINAL. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY HERBERT W. WHITNEY CITY MANAGER APPROVED AS TO LEGAL FORM THIS THE DAY OF APRIL, 1967: CITY ATTORNEY CHARLES ALLEN CORPUS CHRIST I, TEXAS % LDAY OF_'� , 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, OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON BONNIE $IZEMORE V. A. "DICK" BRADLEY, JR. c� J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. GA BE LOZANO, SR. KEN MCDANI EL _12 nom c THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLA CKh10N BONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT j� c- P. JIMENEZ, JR., M. D. GABE LOZANO, SR. u� KEN P7CDANI EL l Corpus Christi City Council in care of Herbert Whitney City Manager Dear Sirs: May 9,1967 Charles Allen :o , 1000 L.H.J. #C4 San Marcos Texas Due to a reconsideration of the responsibilities physical and finacial,li,have decided to waive all previous contracts or agreements with the City to teach and /or rent sailboats for the summer of 1967. If asked I woul*eazummeA461 ark Weldon and Larry Uj sznia as qualified individuals to assume said responsibilities and agreements with the City to tent sailboats. I assume that this letter is sufficient to remove all legal responsibilities between myself and the City for the comming summer. Sincerely, Charles Allen Allen Sailing Academy '1S PAAY 1467 aFCEIV ED City Manager v v