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HomeMy WebLinkAbout14628 ORD - 11/22/1978JKH:hb:9 /13/78 a a t 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. II{, (l/'l[f�g� UK 0 81980 r 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 -2- T 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. -3- u 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 $100,000.00 for a claim of property damage. The City shall be furnished a certified copy of such effective policy of insurance prior to the commencement of this lease. The Yacht Club shall indemnify and hold City harmless for all liability created by the negligence of the Yacht Club arising out of the Yacht Club's lease of Piers "L" and "M ". VII City personnel shall have the right to enter upon the piers and catwalks at all times for purposes of inspection, repairs, fire and police action, and the enforcement of this lease. -4- f. VIII Yacht Club shall not assign, mortgage, pledge or transfer this lease without the written consent of the City Manager. IX If for any reason any section, paragraph, subdivision, clause, phase, word or provision of this lease shall be held invalid or unconstitu- tional by final judgment of a court of law, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this lease, for it is the definite intent of the City that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. EXECUTED in duplicate originals and delivered on this day of 1978. ATTEST. CITY OF CORPUS CHRISTI, TEXAS By City Secretary City Manager APPROVED; -DAY OF lnoo�.� r 1978: ` Director of 'nanc J. BRUCE AYCOCK, CITY ATTORNEY CORPUS CHRISTI YACHT CLUB ssi an ity Attorn ATT ST: By Commodore -5- Z o �. �'� PIE R 'C LEASE CA rn z n tXl$r, PIER L��4 � ,I r m r t •� EXIST. Dor-K ` •' CG ACl)r i - i cl.oa al col' --� p t A R- HCAO cc YACHT c> v a 4 I l-i I L - HEAD PIER 'M' LEASE EXHIe,Ir 2 lz �(NEty p1ER'bo D 5 u N EXIST. OOGK F 1 JC4 cc YACHT c> v a 4 I l-i I L - HEAD PIER 'M' LEASE EXHIe,Ir 2 .,.fig „ . -> • � � 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