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Home My WebLink About020937 ORD - 06/26/1990.‘ 4 1 4,' ' ; 1 ' • r . t tt I 111 I I I '41 V .141 1 I 4. "11'114.1 .1 HE 1, 4 1 1 41' v11:4 1 It r, . 1 I I t _ ( - I • . — ; ; ._' I— i. ' I.. , 1. ' 1 ' 141( L I, ‘.((l. I;21,•, I..isI 4 :III ‘; 4'141. 1 ...-_ 4,. • 1144 . 14 I 4' ' II 4' -4 . t 4. t 1,44)444 44,4. .,1 ' ' -11.4 .11 - •1 4 4 1 t 1. .4 4, 4 4•4 1 4 4 , •4,.. 4 4 4 '44 14 ' '4,4r t 4 ,•1 4 ,),;',' ' • 4 • ; ' 1-11e44(1, 1 444..!- .1 4 11. 1 • I, tit it; r t(.41, 1.144r .te•i 11(1(1 (i( L' i 111 it 1 t14 1.9tt.t l 1, 1 4 114: '44.-44R-441 4. 14...1 4. i .4.44-,44 1c."' 1 • 4.1 14. 41. 4.1a4-4241. I.,: ,I,Ill'it.1(1, l'i, F.t 1'4)11 :1111; 11 9, ' Il +I( ; • 11' !I ' I:— I I ( 41,J. I IL( ( (I( 4 4, r te 4'4 ti I )---. 14 1 '",1 L,1,),.., -K • 11.,1 '•4'..4.4.4' • 4 4 '.4' ' 4 1 1;-` 0)e-teti 1' 4'1:11 c.1' MICROFILMED SUPPLEMENTAL LEASE AGREEMENT THE STATE OF TEXAS 4 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES This Supplemental [ease Agreement (this '13i emelt") is entered into by and between the City of Corpus Christi (the City) and Ultimate Yacht Race. Inc. WHEREAS, the City by Lease Agreement with UYR approved by Ordinance 1.9866 authorized the annual use-, of the northern the rn halfbit "A" the l ateaclred hereto.Alley L -Head ("UYR Lease Agreement") - WHEREAS, additional area on the Lawrence Street T -Head and Cooper's Alley L -Head is requested for the scheduled 1990 eve -at by C R; NOW THEREFORE, for and iu consideration u1 the premises, covenants, :and agreements herein contained, the City :and LYR agree as follows SECTION t. Subject to the terms and upon performance of the conditions hereinafter provided and the UYR Lease- Agreement approved by O clinanceriesf19866, City hereby leases unto UYR, for the purpose of holding yacht races and related activities the following described City property: Non-exclusive use of the southern, one half of the Cooper's Alley eyr1-Hendibedn approximately 89,000 square feet -said area being marc fully' Exhibit. "B' attached hereto; and associated wet storage berths, to he leased at the prevailing rate at the time of the event. In addition, non-exclusive use of the head portion of the Lawrence Street T -Head said area beim; more folly described in Exhibit "C" attached hereto. Wet Storage for .-a maximum of 50 yachts as authorized in Ordinance 19866 will he provided to UYR at the current prevailing rate for each requested slip, dockage or mooring during the race week only. 11YR shall be charged for all requested slips whether put into use or not. LYR shall notify the Marina Sanerintendent of the number of slips requested four weeks prior to the event in order to allow existing ten_uts adequate time to vacate. UYR shall provide payment in full to the City for the 1988 and 1989 eve as required by ordinance 19863 and >.uboequent amendments. These payments include 4% of the gross concession sales or any revenues other than concession fees, ducicaLe lees and any direct costs incurred by the City not stipulated for waiver. UYR a,i11 make paymentto the City no later than Mac 30, 1990. UYR usage of all areas in the Marina is contingent upon status of construction protects under contract at the time of the event and safety of existing construction :areas as determined by the Marina Superintendent. SECTION 2. Payment of four percent (4%) of the gross receipts for concession, or any revenues, other than entry fees, derived from the event shall constitute consideration paid by UYR to the City within 60 days after the event ends each year for the leased premises. SECTION 3. This Lease is for a term commencing June 30, 1990, through July 11, 1990 with exclusive use permitted July 2 through July 9, 1990. 06agremnt.uyr 1 , �XH( 13/Tfj SECTION 4. UYR shall use the transformer off the north bulkhead on the Cooper's Alley L -Head and one 110 outlet on Lawrence Street T -Head for all electrical needs provided by the City. SECTION 5. UYR shall furnish comprehensive general liability insurance free of cost to City, protecting against liability to the public and UYR participants, including volunteer workers on the leased portions of City property. Such insurance shall have policy minimums of at least $500,000 for personal injury or death, $1,000,000 per occurrence, and $100,000 property damage, and shall name the City of Corpus Christi, Texas as additional insured. Liquor liability in the amount of $1,000,000 insurance naming the City as additional insured shall also be provided. Certificates of Insurance, including Liquor liability and general liability shall be furnished, no later than June 22, 1990, to the City's Marina Superintendent. SECTION 6. UYR shall indemnify and hold harmless the City, its officers, employees and agents from any and all loss or damage to property, n uries or death to any persons, and from any and all claims, damages, expense, liability, actions or proceedings of any kind whatsoever in any way resulting from, or arising out of planning, preparation, construction, operation, or dismantling of any festival, or its activities, facilities, equipment, or premises used in connection with such festival, including negligence on the part of the City or UYR. At its own cost and expense, UYR will defend and protect the City from any and all such claims or demands and will defend all suits arising therefrom. SECTION 6. Any failure on the part of UYR to perform any of the covenants contained in this Agreement or the UYR Lease Agreement, or any breach of any covenant, term, or condition of this Agreement or the UYR Lease Agreement shall be cause for the City to forthwith terminate this Agreement without notice or demand of any kind, notwithstanding any license issued by the City and no forbearance by City of any prior breach described herein by UYR shall be deemed a waiver by or estoppel against City. In case of any such termination City shall be entitled to retain any sums of money theretofore paid by UYR and such sums shall inure to the benefit of City as a setoff against any debt or liability of UYR to City otherwise accrued by breach hereof. day is the of , 1990. CITY OF CORPUS CHRISTI ATTEST: City Secretary APPROVED: ' 2, DAY OF ,771 ti..c , 1990 HAL GEORGE, CITY ATTORNEY Ass'i leant City Attney 2 Juan Garza, City Manager ULTIMATE YACHT RACE, INC. President 4 15.95' a OR&r ,b" C C Corpus Christi, Texas day of , 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. 045