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Home My WebLink About10439 ORD - 08/25/1971• • 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 KELLEY CRAFT, INCOR- PORATED FOR THE PRIVILEGE OF USING BOAT SLIP SPACE ON THE NORTH SIDE OF THE STEM OF THE PEOPLES STREET T -HEAD FROM WHICH TO RENT SAILBOATS AND TEACH SAILING IN THE CORPUS CHRISTI MARINA, FOR A TERM OF ONE YEAR, BEGINNING JUNE 1, 1971, 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, TEXAS: SECTION 1. The City Manager be, and he is hereby, authorized and directed, for an on behalf of the City, to execute a use privilege agreement with Kelley Craft, Incorporated for the privilege of using a boat slip or slips, to be assigned by the Marina Superintendent, on the north side of the stem of the Peoples Street T -Head from which to rent sailboats and teach sailing in the Corpus Christi Marina, for a term of one year, beginning June 1, 1971, 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 intro- duction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emer- gency and necessity exist, and having requested that said Charter rule be - suspended, and that his ordinance take effect and be un full force and /e�f/ffe�ct from -and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the .?MV_ V/ day of August, 1971. ATTEST 7//, CL Z, City Secretary APPR VVED: DAY OF AUGYPT, /1 1: / f City/Attorney a v MAYOR THE CITY 01 CORP S ISTI, TEXAS 10439 SAILBOAT RENTAL LND INSTRUCTION CONCESSION AGRELIMU THE STATE OF TEXAS KNOW ALL MElf BY THESE PRESENTS: COUNTY OF NUECES Q 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 Kelley Craft, Incorporated, hereinafter called "Permittee ", for the concession, uses and privileges at an assigned location for a term of one year and under the terms hereinunder provided: I For a monthly rental of Ten Dollars ($10.00) per month, plus 5% Five Percent of gross receipts of the rental, the Permittee shall have the right to conduct the business of renting sailboats and conducting sailboat instruction periods from a boat slip or boat slips, to be assigned by the Marina Superintendent, located on the north side of the stem of the Peoples Street T-Head. Said monthly slip rental shall be paid in advance on the 1st day of each calendar month. 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 No more than four persons will be permitted in any boat. U. S. Coast Guard approved life jackets will be furnished for each person. 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 by Permittee to provide safe entry of customers into and out of boats. No rentals will be permitted after one hour from sundown. All boats will be stored on the floating dock at night. Any proposed improvements to be made by Permittee, such as new signs, awnings, ticket booths, or other such equip- ment are subject to approval by the City. III ' Rental shall be made only to persons qualified to operate such boats. 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 boat 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 insured, public liability and property damage insurance, having provisions herein 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 Marina Superintendent for the filing with the City secretary, with limits of $100,000 per person and $300,000 for each occurrence of personal injury and $5,000 for each occurrence of property damage. V The Permittee will conduct his operation in a business -like manner and will post the hours he will be open for business in a conspicuous place for the benefit of notifying the public and will see that qualified personnel is on duty during the specified business hours. VI The Permittee hereb- releases the City from all damages and claims of all and any sort, whether to a 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 fulfull 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 Marina, Board of Health, Sanitation and Police Departments of the City for the correction, prevention and abatement of nuisances in or upon or con- nected with said property during the term of this permit at Permittee's sole expense and cost. VIII Permittee shall not place, paint or otherwise affix any signs at, or on or about the property, or any part thereof, excerpt where and as first -2- approved in writing by tho 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 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 reservos the right to enter said premises at any time dur- ing 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 It shall be the duty of the Permittee to file with the Director of Finance of the City of Corpus Christi, a sworn statement showing all receipts of said Permittee, which said verified statement shall be filed within 10 days following the end of the account month. The Permittee shall install and keep an adequate system of bookkeeping to be approved by the Director of Finance of the City; which books shall be subject to inspection by the governing body of the City and /or any person or persons the City may designate, so as to en- able the City to check the correctness of the accounts kept and the amount of gross receipts, slip rental, fee or charge due by virtue hereof. XII The Permittee may cancel this agreement by notifying the Marina Superintendent in writing at least two weeks prior to such cancellation. XIII The City shall have a statutory landlord's lien and in addition 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, ware, chattels, implements, fixtures, furniture, tools, machinery and other personel property -3- 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. ](IV Permittee agrees not to sublet the leased premises or any part thereof without the consent of the City in writing. WITNESS OUR RANDS this the day of , 1971, in duplicate originals, each of which is to be considered as an original. ATTEST: APPROVED: •& ""DAY OF AUGUST, 1971: Cit Attorney CITY OF CORPUS CHRISTI By City Manager KELLEY CRAFT, INCORPORATED By John B. Oatman, President • • CORPUS CHRISTI, TEXAS DAY OF j91� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 15 INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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 O MAYOR THE CITY OF PU CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK