HomeMy WebLinkAbout14809 ORD - 03/07/1979JKH:rr:3/7/79:1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
TO CONTRACT AND A FIVE (5) YEAR LEASE AGREEMENT WITH
THE "1908 WHARF CORP." FOR THE ESTABLISHMENT OF A
BARGE RESTAURANT TO BE LOCATED ON THE COOPER'S ALLEY
L -HEAD; SUBSTANTIAL COPIES OF WHICH ARE ATTACHED AS
EXHIBITS "A" AND "B", RESPECTIVELY.
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 an agreement to contract and a five (5) year lease agreement with
the "1908 Wharf Corp." for the establishment of a barge restaurant to be
located on the Cooper's Alley L -Head; substantial copies of which are
attached as Exhibits "A" and "8", respectively.
MICROFILMED
14809
•
AGREEMENT TO CONTRACT
STATE OF TEXAS )
COUNTY OF NUECES )
This agreement is made and entered into this the day of
, 19, by and between the City of Corpus Christi, Texas, a
municipal corporation, hereinafter called "City", and 1908 Wharf Corp., here-
inafter called "Second Party", a private Texas corporation whose principal
office and place of business is in the City of Corpus Christi, Nueces County,
Texas.
In consideration of the mutual covenants and agreements herein
contained and subject to the terms and conditions herein, it is mutually
agreed as follows:
I. Establishment of Barge Restaurant
The Second Party shall acquire, construct, and diligently make
all preparationsfor equipping, manning and fully establishing a barge rest-
aurant which is to be open for business to the public and located as follows,
to wit:
On the east side of the Cooper's Alley L -Head as shown by
plat attached hereto as Exhibit 1 and incorporated herein by
reference.
II. Responsibility for Plans, Specifications and Construction
The Second Party shall have full responsibility for the pre-
paration of all plans and specifications and supervision of construction of
the barge restaurant.
III. Approval of Plans, Mooring
All plans and specifications for the barge restaurant and any
changes thereto must be approved by the City prior to commencing work at
the lease site. Mooring lines, spuds, pilings and/or anchors shall be
approved in writing by the Marina Director prior to commencing work at the
site.
IV. Permits and Compliance with the Law
This project and the establishment of the restaurant must fully
comply with all federal, state, and local laws, ordinances, rules, and regu-
lations. A11 applicable permits and licenses shall be obtained by Second
Party at its own expense.
Ex M• A"
V. Responsibility for Fees and Costs
The costs of acquisition (by purchase, lease, or otherwise),
construction and equipping of the barge restaurant craft, business, and lease
site, including all costs for special mooring and pilings required or deemed
advisable by the City, inspections, architects' and engineers' fees, and all
other fees and costs, shall be borne entirely by the Second Party. Second
Party shall pay all costs for installation of required sewer lines, fire
hydrants, and lift stations. City does not assume and will not in any way
be responsible for any of the financial obligations incurred or created by
the Second Party in connection with the acquisition, equipping, or establish-
ment of the barge restaurant.
VI. Indemnity
The Second Party shall indemnify and hold harmless the City
from any and all charges, claims or liability of any nature whatsoever arising
out of Second Party's acquisition, equipping, or establishment of the said
barge restaurant.
VII. Sewer Requirements
The City warrants that sewer service is available to the lease
site at the existing sanitary sewer lift station on the Cooper's Alley L -
Head. Second Party shall, at its own expense, extend either a gravity line
or a minimum four -inch force main from the lease site to the existing lift
station. Such plan shall be submitted to the Director of Engineering and
Physical Development for approval prior to any construction.
Second Party shall install a two-compartment grease trap between
the food preparation area and the sewer line. Disposal of all grease shall
be in accordance with regulations of the City and County Health Department.
VIII. Water Requirements
The City warrants that water service will be available to the
lease site at an eight inch water main to be installed by the City on the
Cooper's Alley stem leading to the Cooper's Alley L -Head. Second Party shall,
at its own expense, extend the eight inch water main from the Cooper's Alley
stem to a location necessary to serve the barge restaurant. The plans for
the extension shall be submitted to the Director of Engineering and Physical
Development for approval prior to construction.
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IX. Natural Gas Requirements
The City warrants that natural gas service will be available
dock side adjacent to the barge restaurant, at no cost to the Second Party,
if natural gas is used for heating and cooking. Otherwise the Second Party
must pay a prorata share of the cost of the gas main extension. The City
will extend a two inch gas main from the east side of Shoreline Drive to
the barge restaurant lease site.
X. Electrical Power
Second Party shall, at its own expense, be responsible for
making all the arrangements for adequate electrical service to the barge
restaurant site.
XI. Telephone Service
Second Party shall, at its own expense, be responsible for
making all the arrangements for telephone service to the barge restaurant
site.
XII. Second Party Ownership
Second Party warrants that Second Party is at the time of the
execution of this agreement composed of the following ownership interests:
Bobby L. Morris, Pres. 50%
Erma Jo Morris, Sec. Tres. 50%
XIII. Agreement to Lease
The parties agree that when all of the requirements of this
Agreement to Contract have been fulfilled the parties shall enter into a
lease, with the City as Lessor and Second Party as Lessee, a copy of which
is attached hereto as Exhibit A.
XIV. Liquidated Damages
In the event that Second Party fails to execute the lease
attached hereto as Exhibit A and said barge restaurant is not ready to open
for business and fully capable of operation by December 31, 1980, then the
Second Party's bid security of $1,000 shall be forfeited to the City as
liquidated damages.
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EXECUTED IN DUPLICATE ORIGINALS THIS the day of
19 , by the authorized representatives of the parties.
ATTEST:
SECOND PARTY
1908 WHARF CORP.
Secretary President
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
Bill Read, CitySecretar By
Y R. Marvin Townsend, City Manager
APPROVED:
DAY OF
J. BRUCE AYCOCK, City Attorney
By
Assistant City Attorney
Harold Zick, Director of Finance
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THE STATE OF TEXAS 1
COUNTY OF NUECES (
LEASE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This agreement is made and entered into this the day of
, 1979, by and between the City of Corpus Christi, Texas, a
municipal corporation, hereinafter called "City", and The 1908 Wharf Corp.,
hereinafter called "Second Party", a private Texas corporation, whose princi-
pal office and place of business is in the City of Corpus Christi, Nueces
County, Texas.
City, in consideration of Second Party's faithful performance
of the covenants described herein, leases to Second Party a certain dockside
area in the Corpus Christi Marina upon these terms:
DEMISED PREMISES. City hereby leases to Second Party the follow-
ing: Sufficient berthing space on the east side of the Cooper's Alley L -Head
to accommodate the barge restaurant and related site improvements, all as
more fully shown on the attached plat (Exhibit 1), which is incorporated herein
by reference.
II
PERMITTED USE. The demised premises shall be used solely as a
restaurant with bar. The bar shall be a secondary use only. The business
operation shall be confined to the barge restaurant. It is understood that
this lease does not constitute the granting to Second Party of an exclusive
right to operate a restaurant in the Marina area.
III
TERM. The term of this lease shall be for a period of Five (5)
years, commencing with the opening of the restaurant to the public, and
ending Five (5) years thereafter on the anniversary of the opening date.
IV
RENTAL. Second Party shall pay each month to the City as rental
for the above described premises the below listed percentage of the monthly
Exki."6`
gross receipts for the barge restaurant, or the below listed minimum monthly
amount, whichever is greater:
0-24 months . . . . 01.0% or $400.00
25-36 months . . . . 01.0% or $525.00
37-48 months . . . . 01.0% or $535.00
49-60 months . . . . 01.0% or $550.00.
The first monthly payment shall be due and payable on or before
the tenth day of the month next following the month, or portion thereof, in
which the restaurant first opens for business. Subsequent rental payment
shall be due and payable monthly on or before the tenth day of each calendar
month thereafter. All rental shall be paid to the City of Corpus Christi
Collection Section at 321 N. Mesquite Street or to P. 0. Box 9277, Corpus
Christi, Nueces County, Texas.
V
MONTHLY FINANCIAL STATEMENTS. Second Party shall keep strict
and accurate books of account of all receipts collected. Second Party agrees
to furnish City certified monthly statements of gross receipts itemizing the
individual dates of operation. Such statements shall be formulated according
to currently accepted accounting procedures and in a form prescribed by the
City's Director of Finance. The said books of account shall be open for
inspection by the City at all times.
VI
ALTERNATE SITE. The City covenants to the Second Party the unin-
terrupted use of this location, except as expressly provided in this agree-
ment. The City reserves the right and power to substitute an alternate site
by giving Second Party Two (2) years written notice of its intention to exer-
cise such right and power.
VII
LESSEE RESPONSIBILITIES. Second Party (as Lessee) shall be respon-
sible for the following:
a) Cost for installation and use of all utilities, including,
but not limited to, water, sewer, sanitation, electricity, natural gas, and
telephone.
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b) Compliance with all federal, state, and local laws, ordinances,
rules and/or regulations, as amended, including, but not limited to, Chapter 12
of the City of Corpus Christi Code of Ordinances and the Marina Rules and
Regulations.
c) All employees shall be covered by Workers' Compensation insur-
ance, if applicable, carried at the expense of Second Party. Second Party
shall also carry at its own expense any reasonable additional insurance, if
any, as may be deemed necessary by the City Attorney to insure against poten-
tial maritime related liability.
d) Obtain and carry a policy of public liability insurance upon
the said demised premises and barge restaurant craft, by terms of which the
City shall be an additional named insured. Such policy shall include coverage
for poisoning or illness from food or drink, in the amount of $500,000 for
bodily injury or death to any one person, $1,000,000 for bodily injury or
death for any one occurrence, and $100,000 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 the lease term. Said policy shall
include a provision that the policy may not be cancelled or terminated until
City has been given 30 day written notice of such cancellation.
e) Maintaining the barge restaurant, mooring lines, spuds, pilings
and/or anchorsat all times in a satisfactory state of repair, as specified
by the Marina Director.
f) Raising the barge restaurant in the event it sinks, regardless
of the cause of its sinking.
g) Removing the barge restaurant from the Marina in the event of
extensive damage, destruction, sinking, or partial sinking, regardless of cause.
h) Ensuring that no pollutant, effluent, liquid or solid waste
material bilgewater, litter, trash, or garbage issues from the barge restau-
rant premises is allowed to collect in the waters of the City Marina or in the
vicinity of the barge restaurant or parking areas utilized by restaurant custom-
ers or employees. It shall be the duty of the Second Party to regularly police
the vicinity of the barge restaurant for such materials and clean up and remove
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such materials in order to maintain the cleanliness and attractiveness of
the City Marina.
i) Ensuring that the noise level issuing from the barge restau-
rant shall be reasonable and shall not be discernibly audible to a person of
normal hearing sensitivity standing along the east curbline of North Shoreline
Boulevard (northbound) or the same distance if located alternately as in VI
above.
j) Filing a certified monthly financial statement as described
in Paragraph V on or before the tenth day of each month, and at the same time
paying City the rental amount described in Paragraph IV.
k) Regularly inspecting and maintaining fire fighting systems
and equipment in the highest degree of readiness, and regularly training
employees in fire prevention and emergency procedures.
1) Payment of all operating expenses incurred by Second Party in
connection with the said barge restaurant business.
VIII
IMPROVEMENTS. No improvements, additions or alterations shall be
made to the Marina facilities without the prior written approval of the City.
All improvements, additions, or alterations made by the Second Party will
comply with all City Codes and shall become the property of the City.
Ix
REPAIRS. Major repairs, as determined by the Marina Director,
shall not be made to the barge restaurant while located within the demised
premises. However, reasonable minor maintenance will be authorized within
the demised premises.
x
RESTAURANT OPERATION. The restaurant operation shall be carried
out by Second Party in a business -like manner at all times. The hours and
days of operation throughout this lease shall be comparable to those of other
restaurants in the City which place emphasis upon lunch and evening meals.
XI
ASSIGNMENT OR SUBLEASE. Second Party may not assign this lease
nor sublease the premises nor any part thereof without the prior written
consent of the City.
XII
HURRICANE PREPAREDNESS. In the event the area is threatened by
a hurricane or some other emergency situation, Second Party shall comply with
all orders of the Marina Director or his authorized representative.
(Hurricane preparedness plan of barge restaurant - Exhibit 2)
XIII
SANITATION. Garbage and trash shall be stored aboard the barge
restaurant craft or upon the Cooper's Alley L -Head at a location designated
by the Marina Director. All garbage or trash stored in areas designated upon
the L -Head shall be stored either in normal containers or dumpster type con-
tainers. Such containers shall be stored inside a small building, screened
or appropriately landscaped area, all at Second Party's expense as approved
by the Marina Director. The garbage container area shall be landscaped and
maintained by the Second Party. Garbage pickup will be required no less than
five (5) days per week.
XIV
PARKING. Parking for restaurant employees and customers will be
on the stem and head portion of the Cooper's Alley L -Head provided, however,
that such areas shall not be for the exclusive use of Second Party, its
employees and customers.
XV
SANITARY SEWER. Operation of sanitary sewer facilities shall be
in accordance with the Industrial Waste Ordinance No. 12896, as amended.
Maximum sanitary sewer flows from the demised premises to the lift station
shall not exceed 20,000 gallons per day. In the event the City has reason to
believe that such flows exceed 20,000 gallons per day, Second Party shall be
required to install, at its own expense, a flow meter on the line from the
lease site to the lift station. Such flow meter is to be installed within
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thirty (30) days after written notice of such installation requirement is
sent by the City. Should the results of the flow meter indicate that the
20,000 gallons per day maximum is exceeded, then the Second Party shall
either alter the operations of the barge restaurant to keep the flow within
20,000 gallons per day, or shall, at Second Party's expense and after City
approval, cause the existing lift station to be modified for the purpose of
increasing the lift station capacity.
The City warrants sewer service from the lift station only as long
as electrical service to the station is not disrupted by storm, accident or
other hazards or catastrophe. Standby power to operate the lift station is
not available at the preparation of this lease, nor is it planned by the City.
Maintenance of the sanitary sewer system from the lift station to the lease
site shall be the responsibility of the Second Party.
XVI
NONDISCRIMINATION. Second Party shall be responsible for the fair
and just treatment of all of its employees. Second Party warrants that it is
and will continue to be an equal opportunity employer and hereby covenants
that no employee or customer shall be discriminated against because of race,
creed, color, or national origin. Violation of this provision shall be cause
for immediate termination of this lease by the City.
XVII
INSPECTION. City personnel shall have the right to enter upon the
demised premises, including the barge restaurant craft, at all times, for
purposes of any inspection, repair, fire or police action, and the enforcement
of this lease.
XVIII
INDEPENDENT CONTRACTOR. It is further understood and agreed that
Second Party is and shall be an independent contractor hereunder. Second
Party shall employ sufficient employees necessary for the operation of said
business, which employees shall be solely in the employ of the Second Party.
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xIx
TERMINATION. Except as otherwise provided herein, City may.
terminate this lease whenever Second Party fails to comply with the provisions
and covenants contained herein, and fails or refuses to comply within a reason-
able time after receiving written notice of the violation and recommended cure.
In the event of any termination, Second Party shall immediately comply with
a written order from the Marina Director to remove the barge restaurant craft
from the Marina.
xx
NOTICES. Any notices provided for under this lease may be given,
in writing, to the City, by delivering or mailing the notice to the Marina
Director's office at P. 0. Box 9277, Corpus Christi, Texas, 78408, and to the
Second Party, by delivering or mailing the notice to The 1908 Wharf, located
at P. 0. Box 89, Corpus Christi, Texas, 78403.
XXI
MODIFICATIONS. No changes or modifications to the lease shall be
made, nor any provision waived, unless in writing signed by a person authorized
to sign agreements on behalf of each party.
XXII
DELINQUENCY. Second Party shall be deemed "delinquent" and/or "in
default" if the City has not received Second Party's monthly rental payment
and financial statement on or before 5 p.m. on the tenth day of the month.
If the 10th day of the month falls on a weekend or a holiday, payment and
financial statement shall be tendered on the first business day thereafter.
In the event of such delinquency and/or default, the City may, at its option,
terminate this lease after Second Party fails or refuses to pay the amount due
and/or provide the required financial statement within five (5) days after
City has sent written notice to Second Party of such delinquency and/or default.
XXIII
INDEMNITY. Second Party shall indemnify and hold the City harmless
from and against all claims, demands, causes of action, costs, attorneys'
fees, liabilities of any nature whatsoever arising out of this agreement, the
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Second Party's use, operation, or occupancy of the barge restaurant and
immediate vicinity (including conditions arising therefrom), whether such
use, operation or occupancy is authorized or not, or from any act or omission
of Second Party, or its officers, agents, employees, guests, customers, or
invitees.
Second Party shall be liable to City for any damage to City property
caused by Second Party, or its officers, agents, or employees. City does not
and will not in any way be responsible or liable for any of the financial
obligations which may be incurred or created by Second Party, or its officers,
agents, or employees.
XXIV
SIGNS AND LIGHTING. No exterior signs or lighting or changes
thereto shall be installed upon or in the vicinity of the barge restaurant
without the prior written approval of the City Manager. Such barge restaurant
shall be permitted one (1) identification sign which shall meet the following
conditions:
1) Sign, if illuminated, shall be either internally illuminated
or backlighted.
2) Sign shall not exceed twenty (20) square feet in area.
3) Sign must be attached flat against the building which it
relates to and shall not project more than eighteen (18) inches from the wall
and shall not extend above the height of the building.
xxv
RENT ABATEMENT. The monthly rental will be abated during the time
that the barge restaurant ceases business operations (1) in preparation for
movement to a safe moorage in accordance with its hurricane preparedness plan,
(2) in preparation for movement whenever the City exercises its option under
paragraph VI, or (3) whenever the barge restaurant is rendered substantially
unusable because of damage resulting from fire, water, wind, or force majeure.
-8-
Second Party shall resume its barge restaurant business operations within a
reasonable time after the above conditions no longer exist.
EXECUTED IN DUPLICATE ORIGINALS this the day of
, 1979, by the authorized representatives of the parties.
SECOND PARTY
ATTEST: THE 1908 WHARF CORP.
By
Secretary
President
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
Bill Read, City Secretary R. Marvin Townsend, City Manager
APPROVED:
DAY OF , 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Harold Zick, Director of Finance
�Tv0-1"t=�TTc�
x f•
HURRICANE PREPAREDNESS PLAN
FOR
BARGE RESTAURANT
CONDITION 5: Go over your preparedness plan with all
employees.
CONDITION 4:
CONDITION 3:
CONDITION 2:
The path of the hurricane has been fairly
well established and is no less than 72 hours
away. Harbor Master should be informed that
the barge is under preparedness to be moved,
and that all dock side equipment is secured.
Ttedisturbance is approximately 24 hours
away,disconnect all utilities and power
line, have barge ready to move on Harbor
Master's orders.
Hurricane is only about 18 hours away.
Barge is to be moved immediately from T -Head
for a safe mooring in protected waters.
ALERT AND OPERATIONAL CONDITIONS
CIVIL DEFENSE
CITY OF CORPUS CHRISTI
The following system for indicating the various phases of hurri-
cane warnings willbe used:
CONDITION 5: An alert condition set annually on June 1,
which remains in effect through November 30.
The condition indicates that the hurricane
season exists.
CONDITION 4:
CONDITION 3:
CONDITION 2:
CONDITION 1:
The path of a storm or hurricane has been
fairly well established to indicate destructive
winds offorce within 72 hours.
Movement of storm or hurricane indicates
destructive winds of force within 24 hours
Take preliminary precautionary measures.
Movement of storm or hurricane indicates
destructive winds of force within 18 hours.
Take precautions to permit establishment of
estate of readiness on short notice.
Movement of storm or hurricane indicates
destructive winds of force imminent. Establish
a stateof readiness and take precaution to
minimizedamage.
by. 2.
That the foregoing ordinance was read for the first time and passed to its
second reading on this the' l day of , rx, , 19—n, by the
following vote:
Gabe Lozano, Sr. Chi ._Oh
Bob Gulley (J {9%
David Diaz 0x147
Ruth Gill
Joe Holt
Tony Juarez,
Jr.
Edward L. Sample
That the foregoing ordinance was read for econd time and passed to its
third reading on this the 7 day of`�'�'� 19 %q . by the
following vote: O
X
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
That the foregping ordinancefor the thir• time and passed finally
on this the day of f/( s rea ,' , by the following vote:
Gabe Lozano, Sr. 0
Bob Gulley !� ,'
David Diaz 1
Ruth Gill !/.
Joe Holt /.
Tony Juarez, Jr.
Edward L. Sample
PASSED AND APPROVED, this the 7 day of
ATTEST:
APPROVED:
It' DAY OF ,1971 :
J. BRUCE AYCOCK, CITY ATTORNEY
By
ssistant Ay Attorne
MAYOR
THE CITY
14809
, 197'
CHRISTI, TEXAS
3/7/79
MOTION TO AMEND
B023 GU LEy moved and •p S/f/"fP,(...'
seconded the motion that the ordinance authorizing the
City Manager to execute an agreement to contract and a five (5) year lease
agreement with the "1908 Wharf Corporation" for the establishment of a barge
restaurant to be located at the Cooper's Alley L -Head, read on the second of
e, ,e,, y 7,i9?9
three readings on fcbruawy 28, 1949, be and the same is hereby amended prior
to its third reading as follows:
A. Amend the caption and ordinance to delete the words "Peoples
Street T -Head or barge dock located at the north end of East Shoreline" and
substitute in place thereof the words "Cooper's Alley L -Head; substantial
copies of which are attached as Exhibits 'A' and 'B', respectively."
B. Delete the 1908 Wharf barge restaurant proposal materials,
except the Agreement to Contract and the Lease Agreement.
C. Add the attached plat indicating the L -Head location of the
barge restaurant, to the Agreement to Contract and the Lease Agreement as
Exhibit 1.
D. Add the attached hurricane preparedness plan to the Lease
Agreement as Exhibit 2.
E. Amend paragraph I of the Agreement to Contract to hereafter
read as follows:
"I. Establishment of Barge Restaurant.
The Second Party shall acquire, construct, and diligently
make all preparations for equipping, manning and fully establishing
a barge restaurant which is to be open for business to the public
and located as follows, to wit:
On the east side of the Cooper's Alley L -Head as shown by
plat attached hereto as Exhibit 1 and incorporated herein by
reference."
F. Amend paragraph I of the Lease Agreement to hereafter read
as follows:
"I. Demised Premises. City hereby leases to Second Party the
following: Sufficient berthing space on the east side of the
Cooper's Alley L -Head to accommodate the barge restaurant
and related site improvements all as more fully shown on the
attached plat (Exhibit 1) which is incorporated herein by
reference."
G. Amend paragraph IV of the Lease Agreement to hereafter read
as follows:
"IV. Rental. Second Party shall pay each month to the City as
rental for the above described premises the below listed percent-
age of the monthly gross receipts for the barge restaurant, or
the below listed minimum monthly amount, whichever is greater:
0-24 months . . . . 01.0% or $400.00
25-36 months . . . . 01.0% or $525.00.
37-48 months . . . . 01.0% or $535.00
49-60 months . . . . 01.0% or $550.00
The first monthly payment shall be due and payable on or before
the tenth day of the month next following the month, or portion
thereof, in which the restaurant first opens for business. Sub-
sequent rental payment shall be due and payable monthly on or
before the tenth day of each calendar month thereafter. All
rental shall be paid to the City of Corpus Christi Collection
Section at 321 N. Mesquite Street or to P. 0. Box 9277, Corpus
Christi, Nueces County, Texas."
H. Amend paragraph VII(c) of the Lease Agreement to hereafter
read as follows:
"(c) All employees shall be covered by Workers' Compensation
insurance, if applicable, carried at the expense of Second Party.
Second Party shall also carry at its own expense any reasonable
additional insurance, if any, as may be deemed necessary by the
City Attorney to insure against potential maritime related
liability."
I. Amend Paragraph XII of the Lease Agreement to delete the words
"See Exhibit X" and substitute in place thereof the words "See Exhibit 2."
J. Add new paragraph XXV to the Lease Agreement to read as
follows:
"XXV. Rent Abatement. The monthly rental will be abated during
the time that the barge restaurant ceases business operations (1)
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in preparation for movement to a safe moorage in accordance with
its hurricane preparedness plan, (2) in preparation for movement.
whenever the City exercises its option under paragraph VI, or
(3) whenever the barge restaurant is rendered substantially
unusable because of damage resulting from fire, water, wind, or
force majeure. Second Party shall resume its barge restaurant
business operations within a reasonable time after the above
conditions no longer exist."
pfyss4E D. .5-1-19%
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MOTION
71SNy (7' 4) 09 Ae EZ moved and Ralf aokkey
seconded the motion that the ordinance authorizing the
City Manager to execute an agreement to contract and a five (5) year lease
agreement with the "1908 Wharf Corporation" for the establishment of a barge
restaurant to be located at the Coopes Alley L -Head, read on the first of
three readings on January 31, 1979, be and the same is hereby amended prior
to its second reading as follows:
A. Amend paragraph I of the Agreement to Contract to hereafter
read as follows:
"I. Establishment of Barge Restaurant.
The Second Party shall acquire, construct, and diligently
make all preparations for equipping, manning and fully establishing
a barge restaurant which is to be open for business to the public
and located as follows, to wit:
On the east side of the Cooper's ATley L -Head as shown by
plat attached hereto and incorporated herein by reference."
B. Amend paragraph VII of the Agreement to Contract to delete
references to "People's Street T -Head" and substitute in place thereof "Cooper's
Alley L -Head".
C. Amend paragraph VIII of the Agreement to Contract to delete
references to "Peoples Street" and "Peoples Street T -Head" and substitute in
place thereof "Cooper's A 1Te,P and "Cooper s Alley L -Head", respectively.
D. Amend paragraph XIV of the Agreement to Contract to hereafter
read as follows:
"XIV. Liquidated Damages.
In the event that Second Party fails to execute the lease
attached hereto as Exhibit A and said barge restaurant is not
ready to open for business and fully capable of operation by
December 31, 1980, then the Second Party's bid security of $1,000
shall be forfeited to the City as liquidated damages."
E. Amend paragraph I of the Lease Agreement to hereafter read
as follows:
"I. Demised Premises. City hereby leases to Second Party the
following: Sufficient berthing space on the east side of the
Cooper's Alley L -Head to accommodate the barge restaurant and
related site improvements all as more fully shown on the attached
plat, which is incorporated herein by reference."
F. Amend paragraph IV of the Lease Agreement to hereafter read
as follows:
"IV. Rental. Second Party shall pay each month to the City as
rental for the above described premises the below listed percent-
age of the monthly gross receipts for the barge restaurant, or
the below listed minimum monthly amount, whichever is greater:
0-24 months . . . . 01.0% or $400.00
25-36 months . . 01.0% or $525.00
37-48 months . . . . 01.0% or $535.00
49-60 months . . . . 01.0% or $550.00
The first monthly payment shall be due and payable on or before
the tenth day of the month next following the month, or portion
thereof, in which the restaurant first opens for business. Sub-
sequent rental payment shall be due and payable monthly on or
before the tenth day of each calendar month thereafter."
G. Amend paragraph VII(c) of the Lease Agreement to hereafter
read as follows:
"(c) All employees shall be covered by Workers' Compensation
insurance, carried at the expense of Second Party. Second Party
shall also carry at its own expense any additional insurance
deemed necessary by the City Attorney to insure against potential
maritime related liability."
H. Amend paragraph XIII of the Lease Agreement to delete refer-
ences to the "Peoples Street T -Head" and substitute in place thereof "Cooper's
Alley L -Head."
-2-
I. Amend paragraph XIV of the Lease Agreement to delete refer-
ences to the "Peoples Street T -Head" and substitute in place thereof "Cooper's
Alley L -Head".
J. Add new paragraph XXV to the Lease Agreement to read as
follows:
Passed
"XXV. Rent Abatement. The monthly rental will be abated during
the time that the barge restaurant ceases business operations (1)
in preparation for movement to a safe moorage in accordance with
its hurricane preparedness plan, (2) in preparation for movement
whenever the City exercises its option under paragraph VI, or
(3) whenever the barge restaurant is rendered substantially
unusable because of damage resulting from fire, water, wind, or
force majeure."
,4;
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came_.
C who being rust duly sworn, according to law, says that he is the
'ACCOUNTING CLEW 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 publica5lon of
PUBLIC NOTICE IS HEREBYtGIVEN THAT... THE EXECUTION OF AN AGREEMENT TO COMPACT AND A FIVE
of which the annexed is a true copy, was published in CAT.T.FR TTMFS
on the....5_.._ day of _.sTs.SRumw 194.5.-, and once each. thereafter for
consecutive
__Times.
Subscribed and sworn to before me thin 28_ C. M SSYMOIiNSKI
Orr,
19
tary Public, Nueces County, Texas
W.W. GLENN
4 ft
II' PUBLIC "- �t
Nvlice is here W
the City Couricil of t
•
C. mos Christ Y 1919 approved
dayiaof ,l reading an ordinance
an hurt reading, Ion of an I
',authorizing the contract
'nv agreement to easeragt and ;
with the year
lease agreementwithIwlns the 1908 Wharf Corp.",ryI,
mtrslderation pending, for the
establlshrrmnt of a barge res-
taurard to be located on the Peo-
Ipies Street T -Heed or the barge '
dock located at the north end of
East Shoreline. The full text of
Bald contract is available 11)
Che
e
AI public In the Office of
theSecretary.
WITNESS y h�
and this day
of February,-s-BIII G. Read •I,-,
City Secrelery
Corpus Christ, Texas
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,L.
County of Nueces. 1
•
Before me, the undersigned, a Notary Public, this day personally came.
CM SNDLINSRI ; who being first duly sworn, according to law, says that he is the
JiC.CODNTINSz..BFRR 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
L NOTICEIS HEREBB G14EN TEAT THE. CITT 1 CODNCT OE.1�_(TTY 0E—CCit S_ON--COUNCIL.9F—THE CITY
of which the annexed is a true copy, was published in CALLER N..T
on the__ 19_._.79 and once each. nay.___ thereafter for_.....__1
consecutive. Day
1
(LI.a_20.
Subscribed and sworn to before me this_ 31 __.___.day of__... Feb_
19. 79
Notary )iublic, Nueces County, Texas
WW Glenn
PUBLIC NOTICE "
0:05,00 is hereby given that,,
the City Council 91 the City oh:
Corpue Christ) 9]s on the 7th
day of Fe5ruer;, 1979, approved •
on se_r-TI readi,4g, previously
apprm:ed on fi, st reading on the
3191 day of January, 1979, en or-
dinance authorizing the execu-
tion of an agreement 19 contract
and a five (5) year lease agree-
ment with the "1969 Wharf
Corp.", consideration pending, 1
for the establishment of a barge I
restaurant to be located on the
Peoples Street T -Head or the
barge deck located et the north
end of East Shoreline, The full
text of said contract is available (
to the public In the Office of the (
City Secretary.
WITNESS my hand this 6th
day of February, 1979.
-s-Bill G. Read I
City Secretary
Corpus Christi, Texas
•
1