HomeMy WebLinkAbout11506 ORD - 06/06/1973JRR /wc 11/11173 13T
AN ORDINANCE
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AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A FIVE -YEAR LEASE AGREEMENT !,11TH F. J. GRAHAM
FOR THE USE OF CERTAIN SPACE ON THE L -HEAD FOR BAIT
STAND, ALL AS MORE FULLY SET OUT IN THE 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 OF CORPUS CHRISTI, TO EXECUTE A
FIdE YEAR LEASE AGREEMENT WITH F. J. GRAHAM FOR THE USE OF CERTAIN
SPACE ON THE L -HEAD FOR A BAIT STAND, ALL AS MORE FULLY SET OUT 114 THE AGREE-
MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
!®
11506
THE STATE OF TEXAS )
KNO`.J ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES )
THAT THIS AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN THE
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CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION AND BODY POLITIC, OPERATING
UNDER THE HOME RULE STATUTES OF THE STATE OF TEXAS, LOCATED IN NUECES COUNTY,
TEXAS, HEREINAFTER CALLED "CITY ", AND F. J. GRAHAM, HEREINAFTER CALLED
"LESSEE ", AND
WHEREAS, THE•LESSEE HAS REQUESTED THE USE OF A 25' X 25' SHED
LOCATED OVER THE WATER 0!4 THE NORTHWEST CORNER OF THE L -HEAD WITHIN THE,CITY
OF CORPUS CHRISTI, TEXAS, AND THE USE OF A 22' X 13` BUILDING ADJACENT TO
THE L -HEAD RESTROO14 BUILDINGS; AND
WHEREAS, THE LESSEE DESIRES THE PRIVILEGE OF USING THE ABOVE
DESCRIBED AREA FOR THE SPECIFIC PURPOSES HEREIN LISTED, TO -WIT:
(1) TO SELL LIVE AND DEAD BAIT.
(2) TO SELL FISHING EQUIPMENT RELATED TO THE BAIT BUSINESS.
(3) TO SELL WRAPPED SANDWICHES, SOFT DRINKS, CHIPS, CANDIES,
,1 WRAPPED SNACKS. AND ICE.
(4) THE SHED MAY ALSO BE USED FOR CLEA14ING FISH AND HEADING
,{{�y SHR IMP; HOWEVER, NO WASTE FROM SAME (FISH HEADS AND
0.1 ENTRAILS AND SHRIMP HEADS) SHALL BE ALLOWED TO ENTER
THE WATER.
THE LEASED AREAS SHALL BE USED FOR THE ABOVE LISTED PRIVILEGES
AND FOR NO OTHER PURPOSES.
THEREFORE, 1•JITNESSETH THIS AGREEMENT, THAT FOR AND IN CONSIDERATION
OF THE PREMISES AND COVENANTS, AGREEMENTS AND STIPULATIONS HEREIN CONTAINED
AND SET FORTH, THE FOLLOW114G PERMIT IS ISSUED AND AGREEMENT IS HEREBY ENTERED
INTO, TO -WIT:
THAT THE CITY OF CORPUS CHRISTI HEREBY GRANTS TO THE PERMITTEE THE
USE OF THE PROPERTY DESCRIBED FOR THE SPECIFIC PURPOSES HERETOFORE ENUMERATED
AND SUCH PRIVILEGE IS GRANTED FOR A PERIOD OF FIVE (5) YEARS FOR THE USE OF
THE DESCRIBED PROPERTY, SAID USE TO BEGIN THIRTY (30) DAYS AFTCR EXECUTION OF THIS
AGREEMENT. II
FOR AND IN CONSIDERATION OF THE RIGHTS AND PRIVILEGES HEREIN GRANTED,
LESSEE HEREBY AGIEES TO PAY THE CITY 12� OF GROSS SALES DERIVED FROM SAID
CONCESSIONS OR TWO HUNDRED DOLLARS (y200), WHICIIEVER IS GREATER, SAID PAYMC11T
BEING DUE AND PAYABLE ON THE TENTH OF EACH MONTH DURING THE TERM OF THIS
AGREEMENT.
LESSEE HEREBY AGREES TO FURNISH TO THE CITY CERTIFIED MONTHLY
STATEMENTS OF GROSS BUSINESS INCLUDING THE PROFITS FROM SUBCONTRACTS, SALES
. TO BE BROKEN DOWN) INTO INDIVIDUAL DATES, ACCORDING TO CURRENT ACCEPTED
ACCOUNTING PROCEDURES PRESCRIBED BY THE CITY CONTROLLERS OFFICE.
IV
THE CITY RETAINS THE RIGHT AT ANY TIME TO FORFEIT SUCH USE PRIVILEGE
AGREEMENT AND MAY CANCEL THIS PERMIT UPON SIXTY (60) DAYS NOTICE TO PERMITTEE.
V
LESSEE SHALL NOT ASSIGN OR CONVEY ANY OF THE RIGHTS HEREIN
GRANTED WITHOUT THE WRITTEN APPROVAL OF THE CITY FIRST HAD AND OBTAINED.
VI
THE LESSEE SHALL BE RESPONSIBLE FOR THE FOLLOWING:
(A) COMPLIANCE WITH ALL CITY HEALTH REGULATIONS AND ORDINANCES
OF THE CITY OF CORPUS CHRISTI AS THEY AFFECT THE CONCESSION OPERATION.
(B) WORKIIANIS COMPENSATION INSURANCE AND APPROVED PUBLIC LIABILITY
INSURANCE, INCLUDING POISONING OR ILLNESS FROM FOOD OR DRINK IN THE AMOUNT
OF w100/300,000; $10/50,000 PROPERTY DAMAGE INSURANCE AND INDEMNIFICATION
OF THE CITY AGAINST ALL CLAII4S RESULTING FROM THE OPERATION OF THE CONCESSIONAIRE,
HIS AGENTS SERVANTS, EMPLOYEES AND ASSIGNS.
(C) POSTING IN A CONSPICUOUS PLACE AT EVERY LOCATION WHERE MER-
CHA14DISE IS SOLD A SCHEDULE OF PRICES WHICH ARE NOT IN EXCESS OF THOSE
CHARGED UNDER SIMILAR CONDITIONS ELSEWHERE IN THE CITY. IF THE LESSEE
DESIRES TO SELL ANY ITEM OTHER THAN THOSE LISTED HEREIN HE MUST FIRST RECEIVE
THE APPROVAL OF THE DIRECTOR OF THE MARINA DEPARTMENT.
(D) MAINTAINING A CLEAN! AND NEAT OPERATION WITHIN THE CONCESSION
AREA AND PROPERLY DISPOSING OF ANY DEBRIS OR REFUSE RESULTING FR011 OPERATION,
OF SAID CONCESSION.
(E) IIAKING MINIMUII TWICE DAILY INSPECTIONS OF THE PUDLIC RESTROOMS
THAT ARE LOCATED ADJACENT TO THE CONCESSION BUILDINGS CHECKING SAID RESTROO ?15
FOR CLEANLINESS, VANDALISM, AND ILLEGAL ACTIVITY. ANY PROBLEMS RELATED TO
CLEANLIkESS OR VANDALISM SHOULD BE REPORTF.O TO THE PARK AHD RECREATION DLPART-
MENT 01' THE MARINA DEPARTMENITI AND PROBLEMS RCLATING TO ILLEGAL ACTIVITY SHOULD
BE REPORTED TO THE POLICE DEPARTMENT. THE PARK AND RECREATION DEPARTMENT
AND THE MARINA DEPARTMENT WILL BE RESPONSIBLE FOR CLEANING AND MAINTAINING
THE RESTROOMS.
(F) FILING OF A FINANCIAL STATEMENT WITH THE FINANCE DIRECTOR ON
OR BEFORE THE TENTH DAY OF EACH MONTH AND AT SAME TIME PAYING CITY ITS SHARE
OF GROSS RECEIPTS OR FIXED FEE FOR PREVIOUS MONTH. CITY WILL PROVIDE ALL
NECESSARY FORMS.
VII
IT IS UNDERSTOOD BY AND BETWEEN THE PARTIES THAT ONLY ELECTRICAL
SERVICE IS AVAILABLE TO THE CONCESSION BUILDINGS AND THIS WILL BE PROVIDED
BY THE CITY AT NO COST TO THE LESSEE EXCEPT THAT IF THE LESSEE SHOULD
INSTALL AIR CONDITIONING THE COST OF THE AIR CONDITIONING WILL BE AT LESSEE
EXPENSE.
VIII
IT IS FURTHER UNDERSTOOD AND AGREED THAT THE LESSEE IS AND SHALL
BE AN INDEPENDENT CONTRACTOR HEREUNDER, AND THAT IN HIS USE AND ENJOYMENT
OF THE PREMISES FIE WILL INDEMNIFY AND SAVE HARMLESS THE CITY FROM ANY AND
ALL CLAIMS OR LOSSES THAT MAY RESULT TO THE CITY FROM ANY NEGLECT OR MISCONDUCT
ON THE PART OF THE LESSEE HIS AGENTS, SERVANTS, EMPLOYEES) AND ASSIGNS,
AND SHALL IN ALL WAYS HOLD THE CITY HARMLESS FROM SAME.
IX
IT IS FURTHER UNDERSTOOD AND AGREED THAT THE LESSEE SHALL NOT
MAKE ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO SAID BUILDINGS WITHOUT PRIOR
WRITTEN CONSENT OF THE CITY. ALL ALTERATIONS, IMPROVEMENTS AND ADDITIONS
MADE BY THE LESSEE UPON SAID BUILDING) ALTHOUGH AT HIS OWN COST AND EXPENSE,
SHALL IF NOT REMOVED BY LESSEE AT ANY TERMINATION HEREOF BECOME THE PROPERTY
OF THE CITY IN FEE SIiIPLE WITHOUT ANY OTHER ACTION OR PROCESS OF LAW.
X
IT IS FURTHER UNDERSTOOD AND AGREED THAT LESSEE SHALL NOT PLACE
PAINT OR OTHERWISE AFFIX ANY SIGNS AT) ON OR ABOUT THE PROPERTY, OR ANY PART
THEREOF, EXCEPT AS AND WHERE FIRST APPROVED IN WRITING BY THE i- :ARINA DEPART-
MENT. THE IkRINA DEPARTMENT SHALL HAVE THE RIGIIT AT ANY TIbIE TO REQWIRE
LESSEE TO REMOVE, PAINT OR REPAIR ANY OF THE SIGNS ALLOWED. SHOULD LESSEE
110— FiENOVL) PAINT OR REPAIR PAID SIGN: WITHIN TrN (10) DAYS OF DEHAND THERCFOit
—J-
III WRITING, THE MAR I'IA DEPARTMENT MAY FULFILL ITS DEMANDS AND CIIARGE TIIE
E%PENSL OF SAME TO LESSEE.
XI
IT IS FURTHER UNDERSTOOD AND AGREED THAI' THE LESSEE SHALL NOT
PLACE ICE MAKING MACHINE, ICE BOXES OR STORAGE BOXES IN OR AROUND THE
PREMISCS WITHOUT PRIOR WRITTEN APPROVAL OF THE DIRECTOR OF THE MARINA DEPARTMENT.
XII
IT IS FURTHER UNDERSTOOD AND AGREED THAT THE CITY WILL MAINTAIN THE
BUILDINGS AND UTILITY LINES SERVING SAME AND THAT THE LESSEE WILL MAINTAIN
THE INTERIOR OF THE BUILDINGS) INCLUDING PAINTING AND LIGHT FIXTURES.
:III
IT IS FURTHER UNDERSTOOD AND AGREED THAT THE MONTHLY RENTAL FOR
SAID PREMISES WILL BE WAIVED DURING ANY TIME THAT THE BUILDINGS ARE
RENDERED UNUSEABLE BECAUSE OF DAMAGE RESULTING FROIi FIRE. WATERS OR WIND.
XIv
IT IS FURTHER UNDERSTOOD AND AGREED THAT THE LESSEE IS OBLIGATED
TO KEEP THE FACILITY OPEN DURING THE HOURS NECESSARY TO MLET THE NEEDS OF
THE PUBLICS INCLUDING WEEKENDS AND HOLIDAYS.
XV
IT IS FURTHER UNDERSTOOD AND AGREED THAT THE LESSEE HAS THE
OPTION, AT AN ADDITIONAL COSTS TO RENT THE TWO BOAT SLIPS IMMEDIATELY NORTH
OF THE BAIT SHED FOR THE PURPOSE OF BERTHING THE LESSEE SHRIMP BOAT OR
BOATS. THE SLIPS WILL BE REGULATED IN THE SANE MANNER AND ACCORDING TO THE
PCLICIES THAT APPLY TO ALL OTHER SLIPS IN THE MARINA.
XVI
IT IS FURTHER UNDERSTOOD AND AGREED THAT THE LESSEE SHALL NOT
RENT OR ATTEMPT TO RENT THE PREMISES AND BOATSLIPS OR ANY PART THEREOF WITHOUT
THE WRITTEN CONSENT OF THE CITY.
XVII
IT IS FURTHER UIDERSTOOD AND AGREED THAT THE FAILURE OF TIIE LESSEE
TO COMPLY WITH ANY OF THE TERM -0S HEREIN'PROVIDED SHALL AUTHORIZE THE CITY, OR
ITS AGENTS, AT THE CITY'S OPTIO'l TO CANCEL TiliS AGREEMENT AND REPOSSESS THE
PREMISES DESCRIBED HEREIN. 1.11 THE EVENT ANY LEGAL ACTION IS UNDERTAKEN BY
THE CITY TO COLLECT THE RENTAL DUE HEREUNDCi, TO COLLECT ANY DAMAGE GROWING
OUT OF TH15 LEASE OR TO IN ANY WAY ENFORCE THE PROVISIONS HEREOF,
TEN PERCENT (10;") OF TIIIS AMOUNT OF SUCH RECOVERY SIIALL BE ADDED TO COVER
THE CXPENSE OF SUCH ACTIOIl; SAID TEN PERCENT (10ju) SHALL BE IN ADDITION TO
ANY COURT COSTS.
LESSEE WILL INCUR NO DEBTS OR OBLIGATIONS ON THE CREDIT OF THE
CITY OF CORPUS CHRISTI.
WIT?IESS OUR HANDS AT CORPUS CHRISTI, TEXAS, THIS THE
DAY OF APRIL, 1973•
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORI.I THIS
AY OF RIL 1973:
CI ATTORNEY
CITY OF CORPUS CHRISTI, TEXAS
BY
R. MARVIN TOWNSEND
CITY MANAGER
F. J. GRAHAM
LESSEE
- -5-
THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS THE lk-tf, DAY OF �.(�iv -ti• , 1973 , BY THE
FOLLOWING VOLE: •-`�-���—
RONNIE SIZEMORE
R CHARLES A. SON1414:ELL
ROBERTO BOSQUEZ, M.D.,c
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J.- HOWARD STARK
THAT THE FOREGOING ORDINANCE'WAS READ FOR THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS THE-6 -0— DAY OF `Z s , 19 -L, BY THE
FOLLOWING VOTE: �7Uf�
fIromm 0 r 5 1 4Ftl'!9Rt
REV. HAROLD T. BRANCH
THOMAS V. GONZA LES�
GAGE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINA((((((N������ CE WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE �. DAY OF, 193., BY THE FOLLOWING VOTE:
d1
REV. HAROLD T. BRANCH
THOMAS V. GONZA LES Q
GABS LOZANO, SR.
J. HOWARD STARK
PASSED AND APPROVED, THIS THE -V-DAY of 19-7-3 -
ATTEST: �(/J
_ "/C,.,
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CITY SECRETAIR Y/ '
APPROVED:
DAY OF 19_:
aa.t_XiU ATTORNEY
< '��--Joe�
MAYO
THE CITY OF CORPUS CHRISq, TEXAS
LEGAL NOTICE Y
.STATE' OF. TEXAS • X
COUNTY OF •NUECES X"
a NOTICE is hereby given that an Ordinance is being considered bye >
:the it oun iI of or
C, y .0 e C pus Christi, Texas, "as follows::
,> "_AUTHORIZING AND DIRECTINGTH�E CITYWANAGER TO EXECUTE;
A FIVE -YEAR LEASE AGREEMENT 1NITH, F. J. GRAHAAA FOR,THE
USE OF CERTAIN SPACE ON THE L =HEAD FOR BAIT STAND
��. _ r '•- ., '" �- -• � ..- -. ".t�, "?, � .s', .he,� r r ..>.,� ; ° .s'.s; .. . ^, ;`•� s.�a. ;gam* 'y'� `'y -`v
, "A 25' x 25'-shed loca'ted.over the wafei on,thti northw "est coen`ecof,, the
L -Head, within the City of Corpus Christi, Texas, and the use of a' 22' x 13' t `s.w'`
building adjacent to the' L -Head re' room buildings; -
'ivchrpriviloge is granted for &'period of five (5) years:.. ... = >
'For and in consideration of the rights and privileges her ®in granted,-
+, L'e'ssee' hereby Agree; to pay'the City,12% of gross sales derived -'from said'•.":
concessions ortTwo Hundred Dollars'($20 , whtchevar is greater, -
' _ _ _- - �{. 'ij. ,gyp. _. .. ;,, .,,. � .. -, •.
E_T. RAY KRING, City Secretary. .Y f
Please publish April 16, 1973.` - °
'Hold for second publication, The date will be called in'. "
a _ , ,Ft; • �� .- , .. Cyr. - _ � ' - - __
tTD EXECUTE . f
:AGREEMENT '
FDR THE USE
CE ON 7Nb
taktl over tee'
tt'. 01 flee
.IIY 0 el 2'. 3'
o IM L•Xeatl
Peri0tlaI11W (Sl W+rS. eranletl ler i - - � f - � a •
IoMS an0 wivile9es herein Rranletl. , •
,1- 0!r`CeM e1DOtOtlss saie9 eerlYeE Uom� - '
aaltl concessions iwe Hunoretl -
]]�� DNl+ra fSt00), weicMVer IS ,realer,
,T T. RAY KRING
ATTEST: C"Y Seer•t•rY
TIW Vw W—Ine eMin•nce waf ree0 -'
ti MlnfrN01� . thls "tV30ih L y lw `•
A2v, l,MbY the following yet,:
JOnLW ave
JsmK eA,CuH aYe
RlcartlpGOnxakx ave
Rev. HarWtl i. Rr+nch dye
Tepn•S V. Gani•IK dYe
Gede Lexe,ro, Sr. ave
J. Newartl54rk Ye
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PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss:
County of Nueces. 1
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
...... Mrhard.. A_. _.Hardila ...................... who being first duly sworn, according to law, says that he is the
........ ... ....... ..................... of the Corpus Christi Caller and The Corpus Christi Times,
t•
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
ezal NjQ.tinBLm=Btate. ... of. Texas141mAuthor.LzIng.. &.Ad . ea t. ing ... to...exect-4I
of which the annexed is a true copy, was published in ........... Times ..................................... ..........................__ —.. t F
was held uee.run date,'
on the.._lltibday of .......... Apx .9:1 ................19...73, and 811 1'1;......................._ . i ...........................
e MKM. . 1,...19.73..
............... 2 ............... Times.
$...... 13.x.23 ................ .../.�.LY...../.i._�i.�_..
Richard D. Hardin Class. Adv. M
Subscribed and sworn to before me this ........8th......day of ......................Augus._ t..
Louise V ck ...... __ .. .._ r ___.....6- �(.�........ ..
Notary Public, Nueces County, Texas