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HomeMy WebLinkAbout14585 ORD - 11/01/1978JKH:hb:10 /17/78 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE MONTHLY USE PRIVILEGE AGREEMENTS WITH PERSONS DESIRING TO BERTH WATERCRAFT WITHIN THE CITY MARINA, ALL AS MORE FULLY SET FORTH IN THE MARINA SPACE RENTAL CONTRACT AND MARINA SPACE SUBLEASE AGREEMENT FORMS, A SUBSTANTIAL COPY OF EACH IS ATTACHED HERETO, MADE A PART HEREOF, AND MARKED EXHIBITS "A" AND "B ". 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 to execute monthly use privilege agreements with persons desiring to berth watercraft within the City Marina, all as more fully set forth in the marina space rental contract and marina space sublease agreement forms, substantial copies of which are attached hereto and made a part hereof, marked Exhibits "A" and "B ". 14585 r%y,�n" CIfC OF CORPUS CHRISTI, TEXAS $ MARINA SPACE RENTAL CONTRACT sme of Lessee Home Address Business Address Home Phone Business Phone Boat Captain's Phone and Encumbrances upon Watercraft: Liens Name of Craft Type of Craft Make of Craft Year of Craft ength Beam Draft Registration No. �e or Foreign o�y Documentation (circle one Yes No Name of Documented Vessel Number of Documented Vessel Port of Documentation Date this Agreement Commences Slip /Space No. Gear Box No. Monthly Slip/Space Rent Gear Box Rent $ Total Monthly Slip /Space Rent Deposit $ The City of Corpus Christi, Texas, a municipal corporation situated in Nueces County, Texas, hereinafter called "CITY", hereby leases to hereinafter ca I id I LESSEE', the Slip/space and gear box, if applicable, described above, at the Corpus Christi Marina, Corpus Christi, Nueces County, Texas, for the storage of the watercraft described above, and all parts and equipment thereon, upon the following terms and considerations: 1. Marina Facilities. City shall provide slip /space, facilities, and services for the storage of Lessee's watercraft and parts and equipment thereon as described above. Rental. Lessee shall pay the above described rent and deposit, representing first„ and "last" months rent, upon execution of this contract. Subsequent monthly rent payments shall be made on the first day of each month following the date hereof; payable to the City of Corpus Christi, Collection Section, at 321 N. Mesquite Street, or to P. 0. Box 9277, Corpus Christi, Texas 78408. If the first day of the month falls on a weekend or a holiday, payment shall be made on or before the first business day of the month. The deposit, which represents the "last" month's rent, may be forfeited when the Lessee vacates his assigned slip /space without giving the Marina Superintendent thirty (30) days written notice of termination and /or when any part of the rental 'becomes delinquent as described below. The deposit shall be refundable only under the conditions described in Ordinance No. 13871; Section 3(d), 8- 10 -77, as amended. 3. Rate Changes. This rental rate and deposit for storage space is subject to change by action of the City Council. Should such rate change be made, the Lessee shall be given written notice thirty (30) days in advance of the date when rent under the new rental rate is due and payable. Lessee will also be required to deposit an additional amount whenever the rental rate is increased. 4. Annual Certification. Within one month following'the anniversary of the execution of this lease. Lessee shall establish to the satisfaction of the Marina Superintendent proof of his ownership of the above described water- craft. The City reserves the right at any time to "spot check" and ascertain ownership of the watercraft in the slip assigned above. 5. Enforcement Liens. Lessee does hereby agree to make current payments of s ip rents, meter charges, (if applied), and be liable for any intentional or negligent damage to City's property and /or equipment. 6. the premises of the Corpus�ChristirMarrinanuntiltsaiddlien�hasnbeenesatisfied by payment in cash, cashier's check or money order. This lien shall be in addition to all other liens and remedies provided by law. Seizure and fore- closure of lien sale by the City may be executed by the City as outlined herein. Delinquency Lessee shall be deemed "delinquent" when the period of time de posit, . has expireid for his slip /space in advance, not including the A three dollar ($3.00) late charge shall be added to a slip rental account which has not been paid prior to the close of business on the fifteenth (15th) day of the month for which the slip rental is due. If payment is made by mail, the envelope containing the payment must be postmarked not later than said fifteenth day of the month. When the fifteenth day of the month falls on a weekend or a holiday, the late charge will be in effect on the next business day. Continued delinquency at thirty (30) days shall effect automatic application of Lessee's deposit for non - payment of the rental due for said delinquent period. Sixty (60) days past due shall prompt a written notice, by the City to Lessee, that the City does place a lien upon such watercraft and all parts and equipment thereon for all charges due the City under this agreement. At such time, the City shall also publish public notice auction not icestrequiiredafor�a sale s ofcsuch of property under applicable federal, state, or local law. Should said sale of the craft be necessary, Lessee does hereby authorize the City to seize, remove, and deliver said craft, without judicial process, for monies to satisfy any indebtedness and collection costs owing to the City, to discharge the liens, either maritime, statutory, contractual or otherwise, granted herein or existing at law or in equity, and to pay prior or other existing liens, if any, as their interests may appear. Any balance of monies after said claims have been paid, shall be paid to Lessee. 7. Inspection of Craft During Delinguenc In the event any rent owin to the City by Lessee becomes delinquent, but prior to the ninetieth (90th} con- secutive day of delinquency, Lessee retains the right to board his craft during reasonable hours when accompanied by a representative of the City Marina staff in order to inspect the craft. Thereafter, Lessee relinquishes all rights to be upon the docks, piers, well as upon said craft. and /or catwalks of the Marina, as 8. Release of Liabilit . Lessee agrees to release, indemnify, and defend and "hold harmless ", the City, of and from any and all claims for damages, losses, expenses and costs, of any nature, arising by reason of use of the rented Slip/space, adjacent docks, pilings, piers, and all other property of the City. 9. Cod be governed with Laws Rules and Re ulations. Lessee agrees to comply with, and be governed by, app icable federa , state, and local laws, rules and regulations, including Chapter 12 of the City of Corpus Christi Code of Ordinances, as amended, and the Marina Rules and Regulations. Nothing in this Contract in any manner prevents the City from enforcing the provisions of Chapter 12 of said City Code. A copy of the Marina Rules and Regulations is attached hereto and made a part of this agreement. 10. Termination. This Contract shall continue in force unless terminated by the Cift-y—C-o-u-n-c-i-1 or unless terminated by either party in the following manner: a. This Contract may be terminated by Lessee giving the Marina Superinten- dent thirty (30) days written notice in advance of termination, provided Lessee's rental payments and other charges are - timely paid. This notice shall be delivered to the Lawrence Street T -Head office, or mailed to the .Marina Superintendent at P. 0. Box 9277, Corpus Christi, Texas, 78408. b. The City may terminate this Contract whenever Lessee fails to comply with the provisions of this Contract, or any applicable federal, state, or local laws, rules or regulations and fails or refuses to comply with- in a reasonable time after receiving written notice of the violation and recommended cure, mailed to the Lessee at the address given above, unless a different address has been submitted in writing. 11. Sublease. Lessee may not assign this lease to another. Lessee may not sublet the slip /space herein to another without the written consent of the Marina Superintendent as to some maximum duration, and the payment, in advance, by the sub - Lessee, of an amount equal to the sum of all rental payments for the specified maximum duration of the sublease. Said amount shall be applied as a credit to the account of the Lessee. Sub - Lessee shall be bound by al;l the terms of the Le'ssee's Contract except as specifically modified by the sublease agreement. A written sublease agreement must be executed in order to create a sublease. The City may, upon the approval of the Lessee, provide a Sub - Lessee. An approved sublease shall in no way divest, preclude, or prejudice Lessee's rights and claims under the terms of this lease. 12. Transient Craft. In order for the City to be cognizant of the availabil- ity of slips for transient craft use, Lessee shall notify the Marina Superintendent when Lessee expects to have his craft out of his slip /space for more than five (5) consecutive days. However, failure to give such noti- fication shall not constitute a default under this Contract. A transient craft owner or operator shall not be considered a sublessee unless the requirements of paragraph 11 are met. T3. In The Event of Hurricane Threat. Lessee will make pre- arrangements to .,- remove or have removed his craft from the City Marina in the event there is € a threat from a hurricane,and agrees to comply with such hurricane pro- cedures as the City Marina Superintendent prescribes. EXECUTED this the day of 1978. CITY Of CORPUS CHRISTI, TEXAS �� Marina Superintendent Lessee MARINA SPACE SUBLEASE AGREEMENT DATE SUBLESSEE CRAFT NAME. ADDRESS N0. PHONE " LENGTH. TYPE SLIP LESSEE'S ACCOUNT NO. AUTHORIZATION IS HEREBY GIVEN FOR THE SUBLEASE OF SLIP NO. FROM THE SLIP LESSEE FOR A MAXIMUM DURATION OF MONTHS; ENDING AT 5:00 P.M. ON , 19 AMOUNT PAID SUBLESSEE AGREES: 1) TO PAY IN ADVANCE NOW ALL SLIP RENTS FOR THE DURATION SPECIFIED ABOVE. 2) TO BE BOUND BY ALL THE TERMS OF THE SLIP LEESEE'S CONTRACT (A COPY OF WHICH IS ATTACHED HERETO) EXCEPT AS MODIFIED IN(5) BELOW. 3) NOT TO HAVE ANY HOLDING -OVER PERIOD AT THE END OF THE AGREEMENT. 4) IN NO WAY DIVEST, PRECLUDE, OR PREJUDICE LESSEE'S RIGHTS AND CLAIM FOR THIS SLIP UPON EXPIRATION OF THIS SUBLEASE. 5) SPECIAL PROVISIONS MARINA SUPERVISOR SLIP LESSEE SLIP SUBLESSEE NOTE: ALL SUBLEASING MUST BE APPROVED IN ADVANCE AND IN WRITING BY THE MARINA SUPERINTENDENT. CITY OF CORPUS CHRISTI, TEXAS CITY MARINA RULES AND REGULATIONS 1. PENALTY FOR VIOLATION - The rules and regulations contained herein are the policies an or finances of the Corpus Christi City Marina. Violation of any such provision of these carries a fine not to exceed Two Hundred ($200) Dollars, plus possible loss of space privileges. Upon the refusal to comply with a lawful order of the Marina Superintendent and /or his Staff, the Super- intendent may revoke the rental of space for the watercraft and order its im- mediate removal. Should such owner, master or operator or any person refuse such order, such watercraft may be removed by the Marina Superintendent. 2. USE OF UTILITIES = Excessive and /or negligent use of electricity or tap water, as etennined by the Marina Staff, will cause metering of such utility and the space tenant shall pay an additional cost for such use, as well as the cost for the metering device. 3. CRAFT PROPERLY TIED - All craft shall be berthed with proper care and be secured its moorages with good line and shall be maintained at all times with respect to safety and appearance. 4. BATHING SWIMMING - Entering the waters of the City Marina for the purpose ot bathing, swimming or wading is prohibited due to the danger of moving watercraft. S. TRASH OVERBOARD - Trash, refuse or waste of any kind, including the overboard 1�TTing 6TFieads or holding tanks is not permitted inside the rock breakwater of the City Marina. 6. SPEED LIMIT - No person shall operate a craft greater than 4 mph within 200 feet of e L -Head or T- Heads. Speed of moving craft inside the City Marina shall be held down to a limit which will leave no wave action from their craft, Craft operators are liable for the damage caused by wave action from their craft. No speedboat contests are permitted within the water areas protected by the City Marina rock breakwater. 7. CATWALKS, BULKHEADS KEPT FREE OF- MATERIALS - Materials, trash and /or equipment le it upon the docks", catwalks and bulkheads will be removed, without notice, by the Marina Staff. These areas must be kept clean and clear at all times. 8. LAND DWELLING - No person shall be permitted to use the land areas of the L -Head and T -Heads as a dwelling place for any length of time, whether the person be in a vehicle, tent, improvised shelter, or without shelter. An overnight stay shall constitute using the land area as a dwelling place. 9. WATER DWELLING - No watercraft whatsoever which is being used by the person or persons a oard as a dwelling place shall be permitted to moor, tie -up or anchor within the protected waters of the City Marina, except regular space tenants and registered transient craft shall be permitted to stay aboard their craft for five (S) consecutive days only, provided their craft is equipped with a holding tank or the shore restrooms are used, and provided a permit is obtained from the Marina Supervisor. 10. BOAT REPAIR AT'SPACES - No owner, master, operator or his agent, of a'water- Craft is permitted to make major hull and /or superstructure repairs while berthed at the space without written permission from the Marina Superintendent who has authority to order the termination of such work. 11. PARKING OF TRAILERS AND VEHICLES - No person shall leave or cause to be left any trash,- material, o ject, vehicle, trailer or equipment upon the land areas of the L -Head and T -Heads without prior written approval of the Marina Super- intendent. 12. SIGNS AND ADVERTISEMENTS - No signs and /or advertisements of whatsoever kind shall e permute wi in the City Marina including all land and water areas, without prior written approval of the Marina Superintendent. 13. FISH NETS ARID TROTLINES - It shall be unlawful to seine for marine life, drag a net, set out a trotline or sailline, in all the water areas of the City Marina bound by the rock breakwater. 14. TRESPASSING - No person is to be upon any craft, its docks and bulkheads except t e space lessee, their guests or agents or persons in the employ of the City for business therein. 15. FUELING AT SPACES - The fueling of inboard tanks on watercraft are hereby pro i ite in every place of the City Marina except at the fuel station docks. 16. ASSIGNMENT OF SPACES - Upon first arrival, the craft owner or operator must report in to a arina Office to be assigned a space. 17. SPACE ASSIGNED TO SPECIFIC CRAFT.- Space is assigned to a specific craft an a speci is owner. Any change in the owner's craft requires immediate notification of the office of the Marina Superintendent. 18. LIMIT TO NUMBER OF SPACES RENTED - No more than five (5) spaces shall be rented at a tune, y any person, firm, organization or corporation without special agreement in.writing by the Marina Superintendent, the City Manager or City Council. 19. DAMAGE TO MARINA FACILITY - The owner or owners of any watercraft, whether operate y m or is pilot, shall be responsible for the damage his craft may cause to the Marina space fixtures. 20. CRAFT DETERIORATING IN SPACE - Any craft which becomes badly deteriorated suc as to e 1 e y to ge any other objects or vessels, or which might become a menace to navigation, shall be removed at once by the craft owner at his sole expense, or shall be removed by the Marina Superintendent at the craft owner's expense. 21. CRAFT UL REGATION EQUIPPED - Craft in the City Marina shall be equipped accor ing to e .S. st Guard regulations and operated according to the "Rules of the Road" and the navigable laws of the United States. 22. BILGE[4ATER, OILS AND INFLAMMABLES - It is unlawful for any person to dis, arge or pert rut t e isc rge o any oily bilgewater, oil or inflammable liquids of whatsoever kind in the waters of the City Marina. 23. GEARBOXES - Gearboxes may be rented from the City Marina or the space tenant may provide his own at his assigned space, provided the design specifications are the same as provided by the Marina Superintendent. 24. PARKING - All parking areas, including parking lots and curb parking, are for Teie use of the general public while indulging in recreational activities. The parking areas are under the control of the City Marina supervisory staff. No owner, . master, operator or any person in charge of any watercraft shall direct, order or request any other person to refrain from parking any vehicle in any of the designated parking places of the Marina L�Head and T- Heads. 25. NOTIFICATION OF HAZARDOUS CONDITIONS - Tenants shall notify the Marina Super- in ent, an writing, of any con itions, defects, or failing of the tenant's slip /space, docks or other property that may become hazardous and /or require repair or maintenance. Tenants shall also notify the Marina office of any vandalism, theft, or other pending or committed crime in the Marina area. SPECIAL REGULATIONS FOR CHARTER -BOATS -CHARTER BOAT - A charter boat shall be defined as any c raft which is for temporary arter, rent or hire and is commonly referred to -as, Head boat, party boat, party fishing boat, tour boat$ sightseeing boat, excursion boat or charter fishing boat. IN ADDITION to the rules and regulations provided herein, a charter boat owner, master or operator shall comply with each of the following special regulationst A. Purchase his own electric meter and pay for all such electrical use. B. All signs, awnings and ticket booths shall conform to the City Ordinances specially written for their control or they shall be removed, without notice, by the Marina Supervisory Staff. C. Solicitation of passengers shall be confined to the rented space and no person shall attract passengers by means of arm waving or excessive noise, including music. That the foregoing ordinanceijas read fo fi st time and passed to its he second reading on this theday of 19 , by the following vote: Aft Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample [hat the foregoing ordinance was read for thQ second time and passed to its third reading on this the_c-LS_day of 19, by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr._ Edward L. Sample That the foregoing ordina a as rea for the thir time and passed finally on this theday of 19f� _, by the following vote: Gabe Lozano, k Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample PASSED AND APPROVED, this the,/4Lday ATTEST: 10 LON City Secretary' APPR ED: DAY OF Q%e ) ,1971) J. BRUCE A'YC1OCK, CITY ATTORNEY By Assist t ty Attorney 1.45£y:i