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Home My WebLink About10895 ORD - 06/07/19720 JRR:jkh:5 -1 -72 c AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A USE PRIVILEGE AGREEMENT WITH AQUASPORTS, INC., FOR THE OPERATION OF OUTBOARD MOTORBOATS IN THE CORPUS CHRISTI MARINA, FOR A TERM OF THREE (3) YEARS, BEGINNING JUNE 1, 1972, ON THE TERMS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 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 Aquasports, Inc., for the privilege of using a portion of the Marina for the operation of outboard motorboat concession, beginning June 1, 1972 and terminating three years hence, all as more fully set forth in the agreement, a copy of which is attached hereto and made a part hereof. 10895 x SLIP RENTAL CONCESSION PERMIT DATE: PERMITTEE AQuasports Inc.— ADDRESS 5933 Shamrock Corpus Christi Texas HOME PHONE 991 -7326 OFFICE PHONE Same TYPE (S) OF BOAT RENTING Outhoard MAXIMUM QUANTITY & TYPES OF BOATS: (1) SAILBOATS: (A) QUANTITY None TYPE (B) QUANTITY None TYPE (2) OUTBOARD BOATS: (A) QUANTITY 10 TYPE Scooter (B) QUANTITY 5 TYPE Skiboats (c) Quantity 4 Type 14' Skiff (3) INBOARD BOATS: (A) QUANTITY None TYPE (B) QUANTITY None TYPE I, THE UNDERSIGNED, IN CONSIDERATION OF THE CITY OF CORPUS CHRISTI PROVIDING AN ASSIGNED BERTHING SPACE AND A PERMIT FOR THE OPERATION OF A RENTAL BOAT BUSINESS IN THE CITY MARINAS DO HEREBY AGREE TO THE FOLLOWING TERMS AND CONDITIONS: THE EXACT LOCATION FOR THE OPERATION OF THIS CONCESSION WILL BE DETERMINED BY THE SUPERINTENDENT OF THE MARINA DEPARTMENT. PERMITTEE TO PAY TO THE CITY A MONTHLY RENTAL OF TEN DOLLARS (10.00) PER MONTH PAID IN ADVANCE, PLUS TEN PERCENT (10%) OF THE MONTHLY GROSS RECEIPTS. IT SHALL BE THE DUTY OF THE PERMITTEE TO FILE WITH THE DIRECTOR OF FINANCE OF THE CITY A SWORN STATEMENT SHOWING ALL RECEIPTS. SAID VERIFIED STATEMENTS SHALL BE FILED WITHIN TEN (10) DAYS FOLLOWING THE END OF THE ACCOUNT MONTH. THE PERMITTEE SHALL INSTALL AND KEEP AN ADEQUATE SYSTEM OF BOOKS AND RECORDS. SAID SYSTEM IS TO BE APPROVED BY THE DIRECTOR OF FINANCE OF THE CITY, AND SHALL BE SUBJECT TO INSPECTION BY THE GOVERNING BODY OR ANY PERSON THE CITY MAY DESIGNATE. BEFORE CONDUCTING ANY BUSINESS THE PERMITTEE SHALL CARRY FOR THE BENEFIT OF THE PUBLICS NAMING THE CITY AS ADDITIONAL INSUREDS PUBLIC LIABILITY INSURANCE, HAVING PROVISION THEREIN TO PROTECT THE CITY IN ALL RESPECTS FROM ANY CLAIM WHICH MIGHT DE PRCSENTED BY REASON OF THE OPERATION OF THE BUSINESS, THE CONDITION OF THE MARINA OR THE CONDITION OF THE PRO- -- - - - PERTY OF THE PERMITTEE. SAID INSURANCE SHALL BE EVIDENCED BY A CERTIFICATE FURNISHED TO THC MARINA SUPERINTENDENT FOR FILING WITH THE CITY'S COPY OF THE AGREEMENT. SAID INSURANCE IS TO HAVE $16O,000 COVERAGE PER PERSON, AND $300,000 FOR EACH OCCURRENCE OF PERSONAL INJURY, AND $50,000 FOR EACH OCCUR- RENCE OF PROPERTY DAMAGE. FOR THE PURPOSE OF THIS AGREEMENT, ALL EQUIPMENT AND BOATS USED BY THE PERMITTEE SHALL BE CONSIDERED HIS PROPERTY. IN ADDI- TION, THE.PERMITTEE AGREES THAT IN THE EVENT ANY CLAIM IS PRESENTED BY REASON OF THE OPERATION OF THE PERMITTEE'S BUSINESS THE CONDITION OF THE MARINA, AR THE CONDITION OF THE PROPERTY OF THE PERMITTEE,THEN SAID PERMITTEE AGREES TO SAVE THE CITY HARMLESS AGAINST ANY SUCH CLAIMS AND DEFEND THE CITY IN ANY LAWSUIT ARISING OUT OF SUCH CLAIMS, WHERE SUCH CLAIM IS NOT COVERED BY THE ABOVE- MENTIONED INSURANCE POLICY. IN CONNECTION WITH THE ACTUAL RENTALS OF THE BOATS REFERRED TO ABOVE, THE FOLLOWING CONDITIONS SHALL APPLY: (A) ALL THE RENTAL BOATS AND EQUIPMENT MUST BE DEEMED SAFE IN THE OPINION OF THE MARINA SUPE.tINTENDENT AND SHALL MEET. APPLICABLE U. S. COAST GUARD SPECIFICATIONS AND STATE OF TEXAS REQUIREMENTS. (B) THE RENTAL FEES CHARGED BY THE PERMITTEE SHALL BE REASONABLE, SHALL BE SUBJECT TO THE APPROVAL OF THE MARINA SUPERINTENDENT AND SHALL TAKE INTO CONSIDERATION THE FOLLOWING FACTORS: 1. THE NUMBER AND CHARACTERISTICS OF COMPARABLE RENTAL BOATS OFFERED FOR HIRE IN THE MARINA. 2. RENTAL FEES CHARGED FOR COMPARABLE BOATS IN OTHER MARINAS. 3. PROJECTIONS OF THE NUMBER OF PATRONS TO BE REASON- ABLY ANTICIPATED DURING THE RENTAL PERIOD. 4. PERMITTEE'S PROBABLE COST OF DOING BUSINESS. 5. SPECIAL FACTORS WHICH ARE LIKELY TO BE OPERATIVE ON THE PERMITTEE'S BUSINESS. -2- 1 (C) NO CHILD UNDER TEN YEARS OF AGE WILL BE PERMITTED TO RENT A BOAT. (D) 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. (E) PERMITTEE WILL PROVIDE A PICK-UP BOAT AT ALL TIMES, EQUIPPED WITH POWER MOTOR TO PROVIDE RESCUE SERVICE TO HIS RENTED FLEET. (F) PERMITTEE IS TO PROVIDE A FLOATING DOCK AT HIS ASSIGNED BERTH TO ALLOW SAFE ENTRY OF CUSTOMERS INTO AND OUT OF BOATS. (G) SMALL SCOOTER -TYPE BOATS OPERATING WITHIN THE MARINA SHALL NOT BE RENTED OR OPERATED AFTER SUNDOWN. (H) ANY PROPOSED IMPROVEMENTS TO BE MADE BY PERMITTEE SUCH AS NEW SIGNS; AWNINGS, TICKET BOOTHS] OR OTHER EQUIPMENT ARE SUBJECT TO APPROVAL BY THE MARINA SUPERINTENDENT. AWNINGS AND SIGN SPECIFICATIONS MUST BE FOLLOWED AND KEPT IN GOOD REPAIR. (1) THE MARINA SUPERINTENDENT MAY HAVE ANY EQUIPMENT REMOVED THAT HE DEEMS UNSAFE ANDAR AESTHETICALLY NONCONFORMING TO PREVALENT PLANNED GENERAL APPEARANCE, STYLE AND DECOR OF MARINA STRUCTURES. IV THE PERMITTEE WILL CONDUCT HIS OPERATION IN A BUSINESSLIKE MANNER AND WILL POST THE HOURS OF OPERATION IN A CONSPICUOUS PLACE FOR THE BENE- FIT OF THE PUBLIC AND IS OBLIGATED TO PROVIDE QUALIFIED PERSONNEL AT ALL TIMES TO PROPERLY ADMINISTER THE PERMITTEEIS OBLIGATIONS HEREUNDER DURING THE SPECIFIED BUSINESS HOURS. RENTALS SHALL'BE•MADE ONLY TO PERSONS QUALI- FIED TO OPERATE SUCH BOATS AS DETERMINED BY INTERROGATION OF THE APPLICANT BY THE PERMITTEE. ADEQUATE SAFETY AND OPERATING INSTRUCTIONS SHALL BE MADE TO ALL PROSPECTIVE RENTERS PRIOR TO DELIVERY OF ANY BOAT TO THE CUSTODY OF SUCH RENTER. GENERALLY AND NOT IN LIMITATIONI PERMITTEE MUST REMIND ALL CUSTOMERS THAT SPEED INSIDE THE MARINA IS 4 MPH. -3- t 4, 19 V PERMITTEE AGREES THAT HE WILL PROMPTLY EXECUTE AND COMPLY WITH ALL ORDINANCES AND REGULATIONS OF THE STATE, COUNTY CITY AND ANY OTHER GOVERNMENTAL AGENCY WITH JURISDICTION, AND ALL ORDINANCES OR REGULATIONS IMPOSED DY THE MARINA DEPARTMENT, BOARD OF HEALTH, SANITATION AND POLICE DEPARTMENTS OF THE CITY WITH REFERENCE TO THE CORRECTION, PREVENTION AMC ABATEMENT OF NUISANCES IN OR UPON OR CONNECTED WITH THE OPERATION OF HIS BUSINESS AND THE SPACES PROVIDED BY THE MARINA DEPARTMENT DURING THE TERM ..y OF THIS AGREEMENT AT HIS SOLE EXPENSE AND COST. VI THE PERMITTEE MAY CANCEL THIS AGREEMENT BY NOTIFYING THE MARINA SUPERINTENDENT IN WRITING AT LEAST TWO (2) WEEKS PRIOR TO SUCH CANCELLA- TION. THE CITY RESERVES THE RIGHT TO REVOKE THE PERMIT AND PRIVILEGES EXTENDED HEREIN UPON FAILURE OF THE PERMITTEE TO START HIS OPERATION WITH- IN FIFTEEN (15) DAYS AFTER THE PERMIT IS GRANTED OR TO COMPLY WITH ANY OF THE CONDITIONS IMPOSED ON PERMITTEE IN THIS AGREEMENT. Vil THE CITY ALSO RESERVES THE RIGHT TO ENTER SAID RENTED PREMISES AT ANY TIME DURING THE EXISTENCE OF THIS AGREEMENT FOR THE PURPOSE OF INSPECTING THE AREA ASSIGNED TO PERMITTEE IN ORDER TO DETERMINE WHETHER THE TERMS OF SAID AGREEMENT ARE BEING OBSERVED AND CARRIED OUT. THE CITY SHALL HAVE A LIEN,AND,IN ADDITION,IT HEREBY IS GIVEN AN•EXPRESS 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 AND EQUIPMENT 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. Vill PERMITTEE AGREES NOT TO ASSIGN THE PERMIT AND PRIVILEGES EXTENDED HEREIN OR ANY PART HEREOF WITHOUT THE WRITTEN CONSENT OF THE MARINA SUPERINTENDENT. 4 IX THE TERMS OF THIS PERMIT SHALL BE FOR' EGINNING ON THE DATE SUCH PERMIT IS GRANTED. WITNESS OUR HANDS THIS THE DAY OF j9 IN DUPLICATE ORIGINALS, EACH OF WHICH IS TO BE CONSIDERED AS AN ORIGINAL. ATTEST: CITY OF CORPUS CHRISTI BY City Secretary R'. Marvin Townsend City Manager APPROVED: DAY OF MAY, 1972: City Attorney AQUASPORTS, INC. ATTEST: BY Michael L. Bridges, President Secretary THAT THE FOREGOING ORDINANCE WAS READ THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE DAY OF , 19 ! - BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ OR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE JJ DAY OF�, 19Z, BY THE FOLLOWING VOTE: RONNIE SIZEMORE 10, Iti CHARLES A. BONNIWELL ROBERTO BOSRUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINA CE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE Y1- DAY OF�' -1/�1 BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PASSED AND APPROVED, THIS ATTEST: • CITY SECRETA Y AZIPRCIVED: DAY OF �j/�y , 19 VEC(N�d.(f� *ITYTT®RNEY Y OF 0