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Home My WebLink About14692A ORD - 01/03/1979jkh:11-20-78;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH DONALD LEMON FOR THE USE OF CERTAIN SPACE ON THE L -HEAD FOR A BAIT STAND, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". 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 a five-year lease agreement with Donald Lemon for the use of certain space on the L -Head for a bait stand, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and { made a part hereof, marked Exhibit A. 14692 -P LEASE AGREEMENT THE STATE OF TEXAS d COUNTY OF NUECES That this Agreement, made and entered into by and between the 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 Donald Lemon, hereinafter called "LESSEE": WHEREAS, the Lessee has requested the use of a 25' x 25' shed located over the water on the northwest corner of the L -Head within the City of Corpus Christi, Nueces County, Texas, and the use of a 22' x 13' building adjacent to the L -Head restroom buildings; and WHEREAS, the Lessee desires the privilege of using the above described area for the specific purposes herein listed, as follows: (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, wrapped snacks, and ice; (4) The shed may also be used for cleaning fish and heading shrimp; however, no waste from same (fish heads and 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. NOW, THEREFORE, WITNESSETH THIS AGREEMENT that for and in considera- tion of the premises and covenants, agreements and stipulations herein con- tained and set forth, the following permit is issued and agreement is hereby entered into: That the City of Corpus Christi hereby grants to Lessee 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 after execution of this agreement. 60", '4" II For and in consideration of the rights and privileges herein granted, Lessee hereby agrees to pay City twenty-seven percent (27%) of each month's gross sales derived from said concessions, or Three Hundred Dollars ($300), whichever is greater, said payment being due and payable at the office of the Collection Section of the Finance Department, P. 0. Box 9277, 321 N. Mesquite, Corpus Christi, Texas 78408, on or before the tenth day of the following month during the term of this agreement. III Lessee hereby agrees to furnish to the Director of Finance a certified monthly statement of gross revenues, including the profits from subcontracts, on or before the tenth day of each month during the term of this agreement. Lessee shall install and keep an adequate system of book- keeping to be approved by the Director of Finance of the City, which books will be available for inspection, audit and copying by the Director, his duly authorized agents and representatives, during normal business hours. All necessary forms shall be prescribed and approved by the Director of Finance. IV The City retains the right at any time to cancel this agreement upon sixty (60) days written notice to Lessee and a ten-day written notice for cause or noncompliance with the provisions stated in this contract. V Lessee shall not assign nor convey any of the rights herein granted without the written approval of City first being 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) Workmen's Compensation Insurance and approved Public Liability Insurance, including poisoning or illness from food or drink in the amount of $100/300,000; $10/50,000 Property Damage Insurance and indemnification of the City against all claims resulting from the operation of the concession- aire, his agents, servants, employees and assigns. -2- (C) Posting in a conspicuous place at every location where mer- chandise 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 Marina Superintendent. (D) Maintaining a clean and neat operation within the concession area and properly disposing of any debris or refuse resulting from operation of said concession. (E) Making minimum twice daily inspections of the public rest - rooms that are located adjacent to the concession building, checking said restrooms for cleanliness, vandalism, and illegal activity. Any problems related to cleanliness or vandalism should be reported to the Park and Recre- ation Department or the Marina Department; and problems relating 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) Electricity used by Lessee will be provided by the City at no cost to Lessee, except that air conditioning equipment and service is to be at Lessee's expense. VII It is further understood and agreed that the Lessee is and shall bet an independent contractor hereunder, and that in his use and enjoyment of the premises he 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. VIII It is further understood and agreed that the Lessee shall not make, alterations, additions, or improvements to said building, without prior written consent of the City. Minimum hours of operation on the bait stand shall be from 5:00 a.m. to 11:00 p.m. every day of the year and from 11:00 p.m. to 5:00 a.m. on all nights unless the temperature is below 32° F., small craft and hurricane warnings are posted or a severe weather alert prevents opera- tions. All alterations, improvements, and additions made by Lessee upon said building, although at his own cost and expense, shall if not removed by Lessee at any -3- termination hereof become the property of the City in fee simple without any other action or process of law. IX' 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 Marina Department. The Marina Department shall have the right at any time to require Lessee to remove, paint or repair any of the signs allowed. Should Lessee not remove, paint or repair said signs within ten (10) days of demand therefor in writing, the Marina Department may fulfill its demands and charge the expense - of same to Lessee. X It is further understood and agreed that the Lessee shall not place ice -making machine, iceboxes, or storage boxes in or around the leased premises without prior written approval of the Marina Superintendent. XI It is further understood and agreed that City will maintain the buildings and utility lines serving same and that Lessee will maintain the interior of the buildings, including painting and light fixtures. XII It is further understood and agreed that the minimum monthly rental for said leased premises will be refunded on a pro rata basis based on the ratio of the number of days unusable to a thirty -day month when the buildings are rendered unusable because of damage resulting from fire, water or wind. XIII It is further understood and agreed that Lessee has the option, at an additional cost, to rent the two boat slips immediately north of the bait shed for the purpose of berthing Lessee's shrimp boat or boats. The slips will be regulated in the same manner and according to the policies that apply to all other slips in the Marina. XIV It is further understood and agreed that Lessee shall not rent or attempt to rent the premises and boat slips or any part thereof without the written consent of City. -4- XV It is further understood and agreed that the failure of Lessee to comply with any of the terms herein provided shall authorize City, or its agents, at the City's option, to cancel this agreement and repossess the premises described herein. In the event any legal action is undertaken by City to collect the rental due hereunder, to collect any damage growing out of this lease, or to in any way enforce the provisions of the lease, ten percent (10%) of this amount of such recovery shall be added to cover the expense of such action, said ten percent (10%) to be in addition to any court costs. Lessee will incur no debts or obligations on the credit of City of Corpus Christi. WITNESS OUR HANDS at Corpus Christi, Texas, this the day of , 1978. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance CITY Donald Lemon LESSEE That the foregoing ordinance was read fo he first time and passed to its second reading on this the PA day of I� of v , 197i , 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 rad for he secon time and pa ed to its third reading on this the ,6 dayof 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 ordinanc as read for the thi time and passed finally on this the ..5 day of , 19 , by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample PASSED AND APPROVED, this the 3 day of � 1 1979 ATTEST: "City Secretary APPROVED: 'XI DAY 0;74-(4,24/.ite_,,19 V: J. BRUCE AYCOCK, CITY ATTORNEY By Assist ity Attorney MAYOR T E CITY S CHRISTI, TEXAS 14692 P CR�LMED IJUL 081980 t, MOTION 7bE !fo[.T moved and D Sl`II7P1-E seconded the motion that the ordinance read on the first of three readings on November 22, 1978, authorizing the City Manager to execute a five-year lease agreement with Donald Lemon for the use of certain space on the L -Head for a bait stand, be amended prior to the second reading as follows: A. Amend the second sentence of paragraph VIII of the contract between the City and Donald Lemon to hereafter read as follows: " Minimum hours of operation on the bait stand shall be from 5:00 a.m. to 11:00 p.m. every day of the year and from 11:00 p.m. to 5:00 a.m. on all nights unless the temperature is below 32° F., small craft and hurri- cane warnings are posted or a severe weather alert prevents operations." Passed unanimously. Dated Dc c, 6 978