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Home My WebLink About08423 ORD - 04/19/1967IMS:JKH:4 -18 -67 • TEXAS: • 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 HERSCHEL G. KELLEY FOR THE PRIVILEGE OF USING BOAT SLIP NO. ON THE NORTHWEST SIDE OF THE PEOPLES STREET T -HEAD FROM WHICH TO RENT SAILBOATS AND TEACH SAILING IN THE CORPUS CHRISTI MARINA, FOR A TERM OF TWO YEARS, BEGINNING APRIL 22, 1967, ON THE TERMS SET OUT IN SAID 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, SECTION 1. 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 HERSCHEL G. KELLEY, FOR THE PRIVILEGE OF USING BOAT SLIP NO. , ON THE NORTHWEST SIDE OF THE PEOPLES STREET T -HEAD FROM WHICH TO RENT SAIL- BOATS AND TEACH SAILING IN THE CORPUS CHRISTI MARINA, FOR A TERM OF TWO YEARS, BEGINNING APRIL 22, 1967, ON THE TERMS SET OUT IN SAID AGREEMENT, 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 DAY OF APRIL, 1967. 7A/Eq: .� Y SEC TA MAYO APPROVED AS TO LEGAL FORM THI E CITY OF CORPUS CHRISTI, TEXAS THE � ; (_DAY OF APRIL, 1967: CITY ATTORNEY 9 � �7,3 SAILBOAT RENTAL AND INSTRUCTION CONCESSION AGREEMENT THE STATE OF TEXAS Q KNOB ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I 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 HERSCHEL G. KELLEY, HEREINAFTER CALLED "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 THE BUSINESS OF RENTING SAILBOATS FOR CONDUCTING SAILBOAT INSTRUCTION PERIODS FROM BOAT SLIP NO. , LOCATED ON THE NORTHWEST SIDE OF THE PEOPLES STREET T -HEAD. SAID MONTHLY SLIP RENTAL SHALL BE PAID IN ADVANCE ON THE 1ST DAY OF EACH CALENDAR MONTH, BEGINNING WITH APRIL22,1967. 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 THE DOLPHIN SR. TYPE WHICH ARE OF A MOLDED FIBERGLASS SANDWICH CONSTRUC71ON DESIGNED TO FLOAT WHEN CAPSIZED OR HOLED. THE RENTALS WILL BE $4.00 PER BOAT PER HOUR DURING THE DAYS OF MONDAY, TUESDAY, WEDNESDAY AND THURSDAY OF EACH WEEK. THE RATE FOR FRIDAY, SATURDAY AND SUNDAY SHALL BE $ PER BOAT PER HOUR. AT ALL TIMES, A SPECIAL RATE OF $3.00 PER HOUR PER BOAT WILL BE MADE FOR Y.M.C.A., Y.W.C.A., SENIOR SCOUTS AND LIKE GROUPS. 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. 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 ANO 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 T -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 PUBLIC, NAMING THE CITY AS INSUREDS PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE, 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 $5 LOCO FOR EACH OCCURRENCE OF PROPERTY DAMAGE. V INSTRUCTION. INSTRUCTION SERVICES TO BE FURNISHED BY PERMITTEE SHALL CONSIST OF BASIC SAILING COURSE OF EIGHT HOURS OF PERSONALIZED IN- STRUCTION FOR A FEE OF FORTY -FIVE DOLLARS ($45.00) PER PERSONT WITH FORTY DOLLARS ($40.00) FOR EACH ADDITIONAL MEMBER OF PERSON'S FAMILY. A TEXTBOOK WILL BE FURNISHED FOR THE INSTRUCTION FEE. THE BASIC SAILING COURSE INCLUDES PARTS OF THE BOATS RIGGING THE BOAT; GETTING UNDERWAYj DOCKING ALL POINTS OF SAILING, SAFETY, SAILING THEORY AND SOLO SAILING. EACH GRADUATE WILL RECEIVE A CERTIFICATE AND A DISCOUNT FOR RENTAL THE FOLLOW- ING WEEKS DURING WEEKDAYS. PERMITTEE WILL ALSO OFFER A TWO -HOUR SAILING -2- FAMILIARIZATION FOR FIFTEEN DOLLARS ($15.00) PER PERSON. AN INTERMEDIATE SAILING COURSE WILL BE OFFERED WHEN ENOUGH INTEREST 15 EXPRESSED. PERMITTEE HAS A 21 -FOOT CENTER-BOARD SLOOP AND A 23 -FOOT KEELED SLOOP IN WHICH TO GIVE INTERMEDIATE LESSONS. 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 STATES 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 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. VIII PERMITTEE SHALL NOT PLACES PAINT OR OTHERWISE AFFIX ANY SIGNS ATE OR ON OR ABOUT THE PROPERTY, OR ANY PART THEREOF2 EXCEPT WHERE AND AS FIRST APPROVED IN WRITING BY THE CITY. THE CITY SHALL HAVE THE RIGHT AT ANY TIME TO REQUIRE PERMITTEE TO REMOVE, PAINT OR REPAIR 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. IX NO ASSENT, EXPRESS OR IMPLIED, BY THE CITY TO ANY BREACHi OF ANY OF PERMITTEE'S COVENANTS AGREEMENTS CONDITIONS OR TERMS HEREOF S�ALL BE DEEMED OR TAKEN TO BE A WAIVER OF ANY SUCCEEDING BREACH OF ANY COVENANT AGREEMENTS CONDITION ORTERM HEREOF. -3- • 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. xi THE CITY SHALL HAVE A STATUTORY LANDLORDS LIEN AND IN ADDI- TION IT HEREBY IS GIVEN AN EXPRESS LANDLORDS LIEN AS SECURITY FOR THE FIXED RENT HEREIN RESERVED M WELL AS ANY OTHER CHARGES OR EXPENSES ELSEWHERE HEREINABOVE OR HEREINAFTER DESIGNATED AS ADDITIONAL RENT UPON ALL THE GOODS WARES CHATTELS IMPLEMENTS) FIXTURESj 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. x1I 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 AY OF 1967, G IN DUPLICATE ORIGINALS EACH OF WHICH IS TO BE CONSIDERED AS AN ORIGINAL. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS THE DAY OF APRIL, 1967: CITY ATTORNEY CITY OF CORPUS CHRISTI BY HERBERT W. WHITNEY CITY MANAGER HERSCHEL G. KELLEY L -7 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI, TEXAS j�DAY OF L� ✓�, �t.t , �94, 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 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, �� J'�- �,�C� -ter' ' ✓ AY THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON aGL RONNI E SI ZEMORE ��'I V. A. "DICK" BRADLEY, JR. j%GYf J. A. "JACK" GRANT P. JIMEN E2, JR., M.D. GAGE LO ZANO, SR. KEN MCDANIEL THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. j.✓� /G J. A. "JACK" GRANT P. JIMENEZ, JR., M. D. KEN h9CDANl EL