HomeMy WebLinkAbout14810 ORD - 03/07/1979•
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
TO CONTRACT AND A FIVE (5) YEAR LEASE AGREEMENT WITH
THE "PELICAN'S PLEASURE", DBA "CAPTAIN BOOMER'S" FOR
THE ESTABLISHMENT OF A BARGE RESTAURANT TO BE LOCATED
ON THE PEOPLES STREET T -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 "Pelican's Pleasure", dba "Captain Boomer's" for the establishment
of a barge restaurant to be located on the Peoples Street T -Head, substan-
tial copies of which are attached as Exhibits "A" and "B",respectively.
14810
MICROFILMED
'.AUL 0 81980
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AGREEMENT TO CONTRACT
T -HEAD SITE
STATE OF TEXAS 1
COUNTY OF NUECES
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 Pelican's Pleasure,
hereinafter called "Second Party", a Texas General Partnership, composed of
Pelican's Wharf, Inc., a Texas private corporation, and Pleasure Pier
Associates, Inc., a Texas private 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 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 northwest side of the People's Street T -Head
as shown by plat attached hereto as Exhibit "1",
which is incorporated herein by reference.
II. Responsibility for Plans, Specifications, and Construction:
The Second Party shall have full responsibility for the prepara-
tion 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
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regulations. All applicable permits and licenses shall be obtained by
Second Party at its own expense.
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 establishment 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 People's Street
T -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
andPhysical 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 main to be installed by the City on the People's
Street stem leading to the People's Street T -Head. Second Party shall, at
its own expense, extend the eight -inch water main from the People's Street
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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.
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 heatincj and cooking. Otherwise the Second Party
must pay a pro rata 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:
Pelican's Pleasure, d/b/a Capt. Boomers, is a Texas
General Partnership composed of Pelican's Wharf, Inc.,
a Texas private corporation with a partnership interest
of seventy percent (70%) and Pleasure Pier Associates,
Inc., a Texas private corporation with a partnership
interest of thirty percent (30%).
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, 1979, then the
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Second Party's bid security of One Thousand Dollars ($1,000.00) shall be
forfeited to the City as liquidated damages.
EXECUTED in duplicate originals this the day of
1979, bythe authorized representatives of the parties.
ATTEST: SECOND PARTY:
PELICAN'S PLEASURE, a Texas
General Partnership
Secretary
By
H. Arlan Conner, Pelican's Wharf, Inc.
By
L. J. Cohen, Pleasure Pier
Associates, Inc.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
City Secretary
APPROVED:
DAY OF MARCH, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
By
R. Marvin Townsend
City Manager
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THE STATE OF TEXAS i
COUNTY OF NUECES
LEASE
T -HEAD SITE
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 Pelican's Pleasure,
hereinafter called "Second Party", a Texas General Partnership composed of
Pelican's Wharf, Inc., a Texas private corporation, and Pleasure Pier
Associates, Inc., a Texas private corporation, whose principal 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:
I.
DEMISED PREMISES: City hereby leases to Second Party the following:
Sufficient berthing space on the north side of the People's Street T -Head
to accomodate the barge restaurant and related site improvements all as more
fully shown on the attached 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 to the City as rental for the
above described premises the below listed percentage of the annual gross
receipts for the barge restaurant, or the below listed minimum annual
amount, whichever is greater:
D-36 months
37-60 months
01.0% or $6,000 ($500/month)
01.5% or $8,400 ($700/month)
This rental shall be paid in the following manner:
A. Monthly rental installments. The minimum annual rental amount
shall be paid in the below listed monthly rental installments:
0-36 months
37-60 months
$500
$700
The first monthly rental installment shall be due and payable on or before
the tenth (10th) day of the month next following the month, or portion thereof,
in which the restaurant first opens for business. Subsequent monthly rental
installments shall be due and payable on or before the tenth (10th) day of
each calendar month.
B. Annual rental adjustment increment. If the applicable per-
centage of the annual gross receipts exceeds the applicable minimum annual
rental, Second Party shall pay the additional amount owed to the City as
the annual rental adjustment increment. This additional amount shall be
due and payable on or before the first day of May of the following year.
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
exercise such right and power.
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VII.
LESSEE RESPONSIBILITES: Second Party (as Lessee) shall be
responsible 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.
(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
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.
(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
Five Hundred Thousand Dollars ($500,000.00) for bodily injury or death to
any one person, One Million Dollars ($1,000,000.00) for bodily injury or
death for any one occurrence, and One Hundred Thousand Dollars ($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
the lease term. Said policy shall include a provision that the policy may
not be canceled or terminated until City has been given thirty (30) days
written notice of such cancellation.
(e) Maintaining the barge restaurant, mooring lines, spuds,
pilings and/or anchors at all times in a satisfactory state of repair,
as specified by the Marina Director.
(f) Raising the barge restaurant in the event it sinks, regard-
less 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.
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(h) Ensuring that no pollutant, effluent, liquid or solid waste
material, bilgewater, litter, trash, or garbage issues from the barge restaurant
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
customers 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 such materials in order to maintain the cleanliness and attractive-
ness of the City Marina.
(i) Ensuring that the noise level issuing from the barge restaurant
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 businesslike manner at all times The hours and
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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)
XIII.
SANITATION: Garbage and trash shall be stored aboard the barge
restaurant craft or upon the People's Street T -Head at a location designated
by the Marina Director. All garbage or trash stored in areas designated
upon the T -Head shall be stored either in normal containers or dumpster
type containers. 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 People's Street T -Head; provided,
however, that such areas shall not be for the exclusive use of the 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
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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 thirty (30) days after written notice of such installation require-
ment 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, acci-
dent 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.
NON-DISCRIMINATION. 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 enforce-
ment 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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TERMINATION: Except as otherwise provided herein, City may
terminate this lease whenever Second Party fails to comply with the provi-
sions and covenants contained herein, and fails or refuses to comply within
a reasonable time after receiving written notice of the violation and recom-
mended 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 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 Pleasure Pier Associates,
Inc., located at 5926 S. Staples, Suite D, Corpus Christi, Texas 78413, and/or
Pelican's Wharf, Inc., 5806 West Bee Cave, Austin, Texas 78746.
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 there-
after. 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 harm-
less from and against all claims, demands, causes of action, costs, attorneys
fees, liabilities of any nature whatsoever arising out of this agreement,
the 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) Signmustbe attahced 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. Second Party shall resume its barge restaurant business
operations within a reasonable time after the above conditions no longer
exist. If, however, the applicable percentage of the annual gross receipts
stated in Paragraph IV equals or exceeds the applicable annual minimum rental
stated in Paragraph IV, Second Party shall pay the annual rental adjustment
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increment, notwithstanding the occurrence of the rental abatement conditions
during the subject year.
EXECUTED IN DUPLICATE ORIGINALS this the day of
1979, by the authorized representatives of the parties.
ATTEST: PELICAN'S PLEASURE, a Texas
General Partnership
Secretary By
ATTEST:
PLEASURE PIER ASSOCIATES, INC.
By
PELICAN'S WHARF, INC.
SECOND PARTY
CITY OF CORPUS CHRISTI, TEXAS
City Secretary
APPROVED: By
DAY OF MARCH, 1979: R. Marvin Townsend, City Manager
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
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Alert and Operational Conditions
Civil Defense
City of Corpus Christi
The following system for indicating the various phases of hurricane warnings
will be used:
Condition 5 - An alert condition set annually on June 1, which remains in
effect through November 30. This condition indicates that
the hurricane season exists.
Condition 4 - The path of a storm or hurricane has been fairly well estab-
lished to indicate destructive winds of force within 72 hours.
Condition 3 - Movement of storm or hurricane indicates destructive winds
of force within 24 hours. Take preliminary precautionary
measures.
Condition 2 - Movement of storm or hurricane indicates destructive winds
of force within 18 hours. Take precautions to permit estab-
lishment of a state of readiness on short notice.
Condition 1 - Movement of storm or hurricane indicates destructive winds
of force imminent. Establish a state of readiness and take
precaution to minimize damage.
Hurricane Preparedness Plan of Barge Restaurant
(1) When Civil Defense alert and operational condition four (4) is announced,
contact with restaurant -retained tug operator will be made. Initial pre-
parations regarding food spoilage and securing loose objects will be made.
(2) When Civil Defense condition three (3) is announced, the barge will be
disconnected and tugged to the inner harbor area to a predesignated
location. (Several sites have already been identified and initial contact
with owners made).
(3) At condition two (2), it is anticipated that the barge will already be
moved or is in the process of being moved.
That the foregoing ordinance was read for the first time and passed to its
second reading on this the cA31 day ofa•„/ , 19`11 , by the
following vote:
Gabe Lozano, Sr. ('i
Bob Gulley CUL -(_D
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
(tbsd1,t�.1,
That the foregoing ordinance was read fopithe second time and passed to its
third reading on this the 7 day ofp , 1977 , by the
following vote:
Gabe Lozano, Sr. I,
Bob Gulley ge..,.
David Diaz t.
Ruth Gill '
Joe Holt 400
Tony Juarez, Jr. , . -
Edward L. Sample /
That the foregoing day of /E ordinance read fy, r the
third time and passed finally
on this the
', 197g, , 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 7 day of
ATTEST:
tary
A3R1VED:
DAY OF ,1911:
J. BRUCE AYCOCK, ITY ATTORNEY
MAYOR
THE CITY
14810
,19,9
US CHRISTI, TEXAS