HomeMy WebLinkAbout14628 ORD - 11/22/1978JKH:hb:9 /13/78
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A LEASE BETWEEN THE CITY AND THE CORPUS CHRISTI YACHT
CLUB FOR A TERM OF FIVE YEARS CONCERNING A CERTAIN
PORTION OF THE BAYFRONT, FOR MAINTENANCE OF THE EXIST-
ING YACHT CLUB PIER, L -HEAD AND RELATED PILINGS AND
FOR PIER PROPOSED TO BE CONSTRUCTED BY SAID YACHT
CLUB, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREE-
MENT, A SUBSTANTIAL 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 to execute a lease agreement between the City and the Corpus
Christi Yacht Club concerning a certain portion of the bayfront for a term
of five (5) years, for maintenance of the existing Yacht Club pier, L -Head
and related pilings, and for pier proposed to be constructed by said Yacht
Club, all as more fully described in the lease agreement, a substantial copy
of which is attached hereto and made a part hereof.
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UK 0 81980
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That the foregoing ordinance was read fo e f'rst time and passed to its
second reading on this the �day of t�� 1971 by the
following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill -
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
That the foregoing ordinance was read for the second time and pas ed to its
third reading on this the��day of `Xb`% +�,l�o�., 19,T, 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 read for the thirdV)time and passed finally
on this the �_day of 19 7�" by the following vote:
Gabe Lozano,
Bob Gulley
David Diaz OLIJ
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample (�
PASSED AND APPROVED, this the�Z day of , 19 7Q
ATTEST:
City Secretary MAYO
TH OF CORPUS CHRISTI, TEXAS
APPROVED:
_DAY OF,19�:
J. BRUCE AYCOCK, CITrrY ATTORNEY
By e.
City Attorney
ftol- 14628 ,
PIER LEASE BETWEEN THE CITY OF CORPUS CHRISTI
and
CORPUS CHRISTI YACHT CLUB
THE STATE OF TEXAS �
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES k
FOR AND IN CONSIDERATION of the undertaking of the Corpus Christi
Yacht Club, a nonprofit Texas Corporation, the City of Corpus Christi, a
home rule City, a municipal corporation and body politic under the laws of
Texas, hereinafter called "City ", acting by and through its duly authorized
City Manager, hereby leases to the Corpus Christi Yacht Club, hereafter
called "Yacht Club ", for a term of five (5) years, the following described
property:
That certain portion of the bayfront of the City of Corpus Christi,
Texas, further described as follows:
A. Existing Finger Pier "L ", located in the South middle
basin of the Corpus Christi Marina, at the NE corner
of the Lessee's property. Beginning at a point 25
feet from the NE corner of the Corpus Christi Yacht
Club Tract as described in deed recorded in Volume
887, pages 358 -364, Deed Records of Nueces County,
Texas;
THENCE northerly for the length of the pier, having
an approximate distance of 373 feet;
THENCE easterly along the end edge of the pier, having
an approximate distance of 123 feet;
THENCE southerly for the length of the pier, having an
approximate distance of 397 feet;
THENCE westerly for an approximate distance of 101
feet;
THENCE rortherly for an approximate distance of 34
feet to the place of beginning.
Being the area known as the L -head finger "L" shown
on the plat attached as Exhibit "l ", including the
space adjacent to such pier intended for use for the
mooring of pleasure boats only.
B. New Finger Pier to be constructed by the Corpus Christi
Yacht Club to be designated as Pier "M" to be located in
the Corpus Christi Marina South Middle Basin at the north
side of the Lessee's property. Starting at a point 118
feet from the east edge of the seawall bottom step, measur-
ing along the Lessee's north concrete bulkhead, then out-
board for a distance of 78 feet where new pier will connect
to the existing catwalk. Beginning at this point, westerly
for a distance of 30 feet;
G'X�� xv'
I
THENCE northerly for the length of the pier and outbound
slips for a distance of 216 feet;
THENCE easterly for a distance of 66 feet;
THENCE southerly for the length of the pier, having a
distance of 216 feet;
THENCE westerly for a distance of 36 feet to the point
of beginning.
Being the area known as the L -head Finger Pier "M" shown
on the plat attached as Exhibit "2 ", including the space
adjacent to such pier intended for use for the mooring
of pleasure boats only.
The lease of the above described property shall be upon the follow-
ing terms and conditions:
z
1. Yacht Club shall construct Pier "M ", according to plans and
specifications to be approved by the Director of Engineering and Physical
Development and generally consistent with the quality of construction contained
in Pier "L ". Said Pier "M" shall contain no less than 26 additional slips
according to Exhibit "2 ". Such construction will be diligently pursued by
Yacht Club. Said Pier "M" shall become the property of the City upon completion
and acceptance by the Director of Engineering and Physical Development.
2. Yacht Club shall pay each month to the City as rental for
Piers "L" and "M" during the term of this lease the sum of one thousand nine
hundred and seven ($1,907.00) dollars plus the cost of electrical usage
on the metered (by the City) thirty -four (34) slips of Pier "L ". In the event
that the City increases slip rates at the City Marina during the term of this
lease, Yacht Club shall pay to the City an additional monthly rental equal to
what the rental increase would be if the new rates were applied on a slip -by-
slip basis to all of the slips leased herein. All metered slips will be allowed
the first 380 KWH of electrical usage per month free. All K41H used above 380
per slip each month will be billed to the Yacht Club according to C.P. & L.'s
current electrical rate. The City will furnish to Yacht Club a copy of each
month's individual slip electrical meter reading where consumption is in excess
of 380 KWH and the cost of such usage so that Yacht Club may collect the same
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amount from the slip tenant. The rest of the slips on Piers "L" and "M"
will be provided electricity at no additional cost unless it is determined
by the Marina Director that an excessive (over 380 KWH per slip per month)
amount of electricity is being used by any slip tenant. The city may then
charge the Yacht Club for such electric usage as above. Payments shall be
made to the City's Finance Department. All slips shall be used for the
berthing of individual pleasure craft only, belonging to or in the custody
of Yacht Club members or guests.
3. Yacht Club shall not charge slip rates less than those rates
charged elsewhere in the City Marina.
4. Yacht Club tenants shall abide by all of the rules and
regulations of the City Marina.
5. Assignment of tenants to the various slips subleased hereunder
and the charges by the Yacht Club to such tenants shall be controlled by the
Yacht Club.
II
This lease shall commence on the first day of the second calendar
month after completion of construction and acceptance of Pier "M ", but in
no event later than December 31, 1979, and shall extend for a'term of five (5)
years.
- III
In further consideration of Yacht Club covenants hereincontained,
City agrees to maintain Piers "L" and "M" in a reasonable condition and state of
repair as determined by the City (but not lower than the standard of mainte-
nance by the City for comparable slips elsewhere in the Marina) and to provide
the same type of utilities and other services as the City provides to boats
of comparable size at other slips and docks leased by the City within the
Corpus Christi Marina. No additional construction of or alterations to the
piers or to the catwalks thereat shall be made by Yacht Club, its agents or
contractors, without written approval by the City Manager. In no event shall
Yacht Club undertake to repair, replace, reconstruct or restore said pier or
any portion thereof, without first having obtained the approval of City.
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IV
Rental due with respect to any slip or slips on Piers "L" or "M"
shall abate in full for any period for which such slip or slips shall not
be available and suitable for use and occupancy for the purpose for which
leased, from the beginning of such nonavailability until such slips shall have
been restored by City. Determination of such availability and suitability
shall be by the City Manager of City.
V
Following the expiration of this lease and prior to the beginning
of the term of a new lease, if any, Yacht Club shall be deemed to be holding
over as a tenant from day -to -day and shall pay to the City the sum of money
per day then established by City ordinance for rental of City Marina slips
during the continuation of any such period of holding over; and any such
holding over shall otherwise be governed by the conditions of this lease.
VI
During the term of this lease and any holding over thereunder
the Yacht Club will maintain at its sole expense public liability insurance
by terms of which the City will be an additional named insured. Such policy
shall provide limits of not less than $300,000.00 for any one occurrence,
$100,000.00 for bodily injury or death to any one person, and $100,000.00
for a claim of property damage. The City shall be furnished a certified copy
of such effective policy of insurance prior to the commencement of this lease.
The Yacht Club shall indemnify and hold City harmless for all liability
created by the negligence of the Yacht Club arising out of the Yacht Club's
lease of Piers "L" and "M ".
VII
City personnel shall have the right to enter upon the piers and
catwalks at all times for purposes of inspection, repairs, fire and police
action, and the enforcement of this lease.
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f.
VIII
Yacht Club shall not assign, mortgage, pledge or transfer this
lease without the written consent of the City Manager.
IX
If for any reason any section, paragraph, subdivision, clause,
phase, word or provision of this lease shall be held invalid or unconstitu-
tional by final judgment of a court of law, it shall not affect any other
section, paragraph, subdivision, clause, phrase, word or provision of this
lease, for it is the definite intent of the City that every section, paragraph,
subdivision, clause, phrase, word or provision hereof be given full force and
effect for its purpose.
EXECUTED in duplicate originals and delivered on this
day of 1978.
ATTEST. CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary City Manager
APPROVED;
-DAY OF lnoo�.� r 1978: `
Director of 'nanc
J. BRUCE AYCOCK, CITY ATTORNEY
CORPUS CHRISTI YACHT CLUB
ssi an ity Attorn
ATT ST:
By
Commodore
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MOTION
Roe G U,L LET. moved and nAyI u nog z seconded the
motion that the ordinance read on the first of three readings on September
13, 1978, concerning the pier lease between the City of Corpus Christi and
the Corpus Christi Yacht Club be and the same is hereby amended prior to t
' 4
its second reading as follows:
1. Throughout the lease the term "Lessee" has been changed
to "Yacht Club ".
2. In the introductory paragraph, delete the words "acting as
trustee, hereinafter contained," from the second and third lines. Also,
delete the words "acting as trustee, hereinafter called 'Lessee'," from
the sixth line of the introductory paragraph, and substitute in their
place the words "hereinafter called 'Yacht Club', ".
3. Under paragraph I add new subparagraph 1 to read "Yacht Club
shall construct Pier 'M', according to plans and specifications to be ap-
proved by the Director of Engineering and Physical Development and generally
consistent with the quality of construction contained in Pier V. Said
Pier 'M' shall contain no less than 26 additional slips according to Exhibit "2 ".
Such construction will be diligently pursued by Yacht Club. Said Pier 'M'
shall become property of the City upon completion and acceptance by the
Director of Engineering and Physical Development."
4. Renumber paragraph I subparagraph 1 to be subparagraph 2.
Add the following sentence after the first sentence of this subparagraph:
"In the event that the City increases slip rates at the City Marina during
the term of this lease, Yacht Club shall pay to the City an additional
monthly rental equal to what the rental increase would be if the new
rates were applied on a slip -by -slip basis to all of the slips leased
herein." The remainder of said subparagraph 2 remains the same except
that in the fourth sentence of subparagraph 2 delete "(34)" and the word
"residential ".
5. Renumber the original subparagraph 2 under paragraph II
as subparagraph 3.
�f W4
6. Add new subparagraph 4 under paragraph I to read:
"Yacht Club tenants shall abide by all of the rules and regulations of
the City Marina."
7. Renumber the original subparagraph 3 under paragraph I
as subparagraph 5.
8. Delete paragraph II and substitute new paragraph II to
read as follows: "This lease shall commence on the first day of the second
calendar month after completion of construction and acceptance of Pier W,
but in no event later than December 31, 1979, and shall extend for a term of
five (5) years."
9. Delete paragraph III.
10. Renumber paragraph IV to be paragraph III. Add the following
sentence after the first sentence of this paragraph: "No additional construc-
tion of or alterations to the piers or to the catwalks thereat shall be made
by Yacht Club, its agents or contractors, without written approval by the
City Manager." The remainder of the paragraph is unchanged.
11. Renumber paragraph V to be paragraph IV. Delete the word
"intended" appearing in the third line of the original paragraph, and sub-
stitute the word "leased ". In the fifth line of the paragraph, delete the
words ", and made usable by Lessee or its subtenants." Add a period after
the word "City" in the fifth line. Add as the last sentence to this para-
graph the following sentence: "Determination of such availability and
suitability shall be by the City Manager of City."
12. Renumber paragraph VI to be paragraph V.
13. Renumber paragraph VII to be paragraph VI. In the fifth line
of this paragraph, add the words "or death" after the words "bodily injury ".
Add as the last sentence to this paragraph the following sentence: "Yacht
Club shall indemnify and hold City harmless for all liability created by the
negligence of the Yacht Club arising out of the Yacht Club's lease of Piers
'L' and 'M'.'
14. Delete paragraph VIII.
15. Delete paragraph IX.
16. Renumber paragraph X to be paragraph VII.
17. Renumber paragraph XI to be paragraph VIII.
18. Renumber paragraph XII to be paragraph IX.
A
Passed on
c
PUBLISHER'S AFFIDAVIT
"STATE OF TEXAS, lss:
County of Nueces. J
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
chi- SMUINSKI .................... ............................... who being first duly sworn, according to law, says that he is the
ACf,E3U*T-1 NG••E1 -ZRK ....................... ............................... of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
PUBLIC NOTICE IS HEREBY GIVEN APPROVED ON SECOND READINB PREVIOUSLY .... ^,_
..........
of which the annexed is a true copy, was published in .... _.. CALLER . AND__ TIMES,,,,,,,,,,,,, _.
on thelL._ day of. ...... .. .NOV ...................... 19... 7t and once each ............................ thereafter for ....................
consecutive........... ................................... _........
..... .........................Times. (�
19 60 11 � 1�.. .................................. _ ........
Subscribed and sworn to before me this ....30 ............. day of ............... _.......-- .__�s19_.........._
Of
LK
'
'ca -W /l- '•---= '....!. .. _ .._ ..... X1...1 ................_:_. =.
WW Glenn rotary Public, Nueces County, Texas
4
PUBLICNOTIEE
Notice Is hereby given that
the City Council, of the City of - - - -
Corpus 6firisti ha, on Nhe 13th '
day of September, 197CAPProv -y
ed on first reading an ordinance - - - T, -
authorixidy and directing the,
City Manager to execute a lease -
betweentheCltyandtheCorPusj -r - r
Christi yacht Club fora term of
five years coning a certain�
porhon of the BayfroAt, for;
maintenance of the existing ... _ - '•u r;; �r h i yr' q', ` y i'j v ::,- -
yacht club pier, L-Head and M1
laced pilings and for pier Pro- r
posed to be constructed by said 7,i
`Vachl Club. The full text of this _ -
ordinance Is avallable to the .f
Ipubhc in the Office of the City
ISecretaey. k • -
I WITNESS MY tlandf}Ils 15th '
tday of September, 1918.
`- s-Bill G. Read, $ -
City Secretary
Corpus Chnsti, Texas.
.-'.v 1
r , r
k
PUBLISHER'S AFFIDAVIT R
STATE OF TEXAS,
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came ... ..... ....... ..................
Claudia M. Smo.linski ;who being first duly sworn, according to law, says that he is the
. ................
tt _Accounting Clerk
.................................. of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
Legals, PUBLIC NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY READING. .LEA R
BTWEEN L� �CYTY 'Afv�'•'tl� � O�'YliCii'I CL'US--- •-- •-- '- '•'-- '-- - - -... .
............... E
Caller Ti mes
of which the annexed is a true copy, was published in ....---.0 ......................................................................._---.--•---
on the._lg..... day of .............. SeP.t . ................1978..., and once each ............................ thereafter for ................
. ---._....
consecutive................ Day ...-----•-------------------------
1 Times.
17.50 '•
_ ........... .................. ......... ... _. - �M
- ..... ... .... ......... .. ClaudiaM. Smoli :.... .. _.
Subscribed and sworn to before me this--- ............ 30.Aq of - - - -- --- --- -- ePt........---- ...--- . - -.... 19..............
i WW Glenn
r. Notary Public, Nueces County, Texas.
Nati eUBL��v7fliv Ma}'
the GNy -C 11 of Me Clty af�
day of N Isfl ,{s, on Me 15M
lAd on It Pal rld approv,
V ly approved on'." read.(
in. on tho 13th day ", afi
September, 1978, an ordinance I
aufhorizlrg and dlrectirg the
City Manager to axeculen lease
between Me Clty and the Carpus
ChIl-t' Yacht Club far a term M
l fivIt years concerning a terfaln
on of the BayfrAny for
tenance of Me existing
club pier, L•Head end re'
lings and for pier p%
be 5 ';'R foretl by said
Yacht Clpb. The full text of this
ordinance Is available to Me,
Public In Me OMIce M the City
Secretary
WITNESS my hand MIS 14th
day of N em6r, 7978.
^`5.8111 G. Raad,
' Cl ty Secretary
Corpus Christl, Texas.. `
2