HomeMy WebLinkAbout10895 ORD - 06/07/19720
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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
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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.
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(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.
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t 4,
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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�
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