HomeMy WebLinkAboutC2022-080 - 5/2/2022 - NA DocuSign Envelope ID:A739D937-9055-40B2-8015-B372D04876AF
Use Permit
Glow Row, LLC
This Use Permit ("Permit") entered into this the 2t"'i day of 1 \.& , 2022 by and
between the City of Corpus Christi, a Texas home-rule municipal corporation, ("City"), 1201
Leopard Street, Corpus Christi, Texas 78401, and Glow Row, LLC ("User"), 540 Wilson Rd.,
Seadrift,Texas 77983.
In consideration of the mutual covenants herein City and User agree as follows:
1. Term.City will allow User the use of the Premises for six months beginning on the effective
date of this Permit,which is the date of last signature.
2. No Fee. Because of the nature of the business and the limited use requested, the City will
not be charging a fee for this Permit.
3. Premises.The Premises are shown on the attached Exhibit A.
4. Use.User may use the Premises to park up to 12 vehicles until 11:59 p.m. one day per week
and to launch kayaks into the Corpus Christi Bay. It is anticipated that User will use the
Premises on Mondays, but may change which day of the week it is used upon written
approval of the City's Director of Parks and Recreation,or designee("Director"). User may
not possess any alcoholic beverage on the Premises nor allow any agents, servants,
employees, contractors, patrons, guests, licensees, or invitees to possess any alcoholic
beverage on the Premises.Each vehicle parked on the Premises after 10:00 p.m.must display
a parking tag in a design that has been approved by the Director in writing prior to first use.
5. Improvements. User must pay for all improvements. Director must give prior written
approval for any alterations, additions, or improvements to the Premises. Further, any
alterations made by User,if not removed at any termination hereof,become the property of
the City in fee simple without my other action or process of law.
6. User Responsibilities.User must:
(a) Furnish, install, service, and maintain in good working order all equipment and
supplies required to provide for all the uses allowed by Section 4. All equipment remains
the sole and exclusive property of the User.
(b) Comply with all applicable Federal, State, and local laws, regulations, and
ordinances,as amended.
(c) Provide an attendant at its expense to handle User's use of the Premises in
accordance with Section 4 above.
(d) Clean the Premises, including cleaning up of spilled food and drink, and remove
trash from the deck area and adjacent areas,prior to leaving the Premises by 11:59 p.m. on
any day it is used.Further,User must ensure that no pollutant,effluent,liquid or solid waste
material,bilge water,litter,trash,or garbage issued from the Premise is allowed to deposit
and/or collect in the waters of the Corpus Christi Bay or in the vicinity of the Premises.
(e) Ensure that the noise level issuing from the Premises is reasonable and not
discernibly audible to a person of normal hearing sensitivity standing on the sidewalk of
Ocean Drive.
(f) Pay all operating expenses incurred by User in connection with its business
operations.
(g) Pay for all of User's security requirements.
SCANNED
DocuSign Envelope ID A739D937-9055-40B2-8015-B372D04876AF
(h) Pay all taxes and all other licenses and fees required to operate and maintain
operations which User's use of the Premises causes to be assessed against the Premises and
any Fixed Assets or Personal Property appurtenant thereto,prior to the due date.
(m) User must provide proof of payment of all taxes required by federal,State,or local
law within 30 days after written request from the Director. Failure to pay or provide proof
of payment is grounds to terminate this Permit.
(n) Incur no debt or obligations on the credit of the City.
7. Independent Contractor. User is an independent contractor under the Permit. User shall
employ sufficient employees to operate its business,who are solely in the employ of User.
8. Notice. All notices, demands, requests, or replies provided for or permitted by this Permit
must be in writing and may be delivered by any one of the following methods: (1) by
personal delivery; (2) by deposit with the United Postal Service as certified mail, receipt
requested, postage prepaid to the addresses stated below; or (3) by deposit via overnight
express delivery service at:
If to City: If to User:
City of Corpus Christi Glow Row,LLC
Attn: Parks and Recreation Director Attn: Zachary Jurasek
1201 Leopard Street 540 Wilson Rd.
Corpus Christi,TX 78401 Seadrift,TX 77983
Notice deposited with the United States Postal Service in the manner described above is
deemed effective on the third day after deposit.
Notice by overnight express delivery service is deemed effective one business day after
transmission to the overnight express carrier.
9. Signs and Lighting.User must not install exterior signs or lighting,or modifications thereto,
on or near the Premises without the prior written approval of the Director. Director may
require User to remove, paint, or repair any of the signs allowed. If User does not remove,
paint, or repair said signs within ten days of demand thereof, in writing, City may do such
work or cause it to be done and charge the expense of same to User. User must pay within
ten days after Director mails User an invoice. User must comply with the City's sign
ordinance.
10.Nondiscrimination.
(a) User will not, on the basis of handicap, sex, race, color, disability, or national
origin,discriminate or permit discrimination against any person or group of persons in any
manner. The City hereby reserves the right to take such action as the United States
Government may direct to enforce this covenant.
(b) User must furnish service on a fair,equal and non-discriminatory basis to all users
thereof,and to charge fair,reasonable and non-discriminatory prices for each unit of service.
11.Insurance.User must obtain and maintain at User's expense during this Permit the insurance
coverage set out in the attached and incorporated Exhibit B. Failure to do so is grounds for
termination. The City Manager reserves the right to increase or reduce insurance limits and
coverage upon 90 days written notice to User.
12. Indemnity. User must indemnify and hold City harmless of from, and
against all claims, demands, actions, damages, losses, costs, liabilities,
expenses, and judgment recovered from or asserted against City on account
of injury or damage to person or property that is incident to, arises out of
DocuSign Envelope ID:A739D937-9055-40B2-8D15-B372D04876AF
or is caused, either proximately or remotely, wholly or in part, by an act or
omission, negligence, or misconduct on the part of the City, its officers,
employees, or agents, ("Indemnitees') and on the part of User or any of its
agents, servants, employees, contractors, patrons, guests, licensees, or
invitees entering upon the Premises, or using any of the services User is
authorized to provide, or which may arise or which may have arisen out of
or in connection with User use of the Premises pursuant to this Permit,
pursuant to this Agreement with the expressed or implied invitation or
permission of User, or when any such injury or damage is the result,
proximate or remote, of the violation by Indemnitees, User, or any of its
agents, servants, employees, contractors, patrons, guests, licensees, or
invitees of any law, ordinance, or governmental order of any kind, or when
any such injury or damage may in any other way arise from or out of the
improvements located on the Premise herein or out of the use or occupancy
of the improvements to the Premises or the Premises itself by Indemnitees,
User, agents, servants, employees, contractors, patrons, guests, licensees,
or invitees.
These terms of indemnification apply whether such injury or damage may
result from the sole negligence, contributory negligence, or concurrent
negligence of Indemnitees, but not if such damage or injury results from
gross negligence or willful misconduct of Indemnitees.
User covenants and agrees that if City is made a party to any litigation
against User or in any litigation commenced by any party, other than User
relating to this Agreement, User shall defend City upon receipt of
reasonable notice regarding commencement of such litigation.
13. Cancelation.
(a) Director may cancel this Permit upon 30 days' written notice to User for any
reason.User may cancel this Permit upon 60 days written notice to Director for any reason.
(b) Director may cancel this Permit and repossess the Premises if User fails to comply
with any terms of this Permit. If any legal action is undertaken by the City to collect for
any damages arising out of this Permit, or to in any way enforce the provisions of the
Permit,User must pay all court costs and expenses,including reasonable attorney's fees.
14.Delinquency.User is"delinquent"if the City has not received User's monthly rental payment
on or before 5:00 p.m. on the tenth day of the month following the calendar month for which the
rental obligation accrues. If the tenth day of the month falls on a weekend or a holiday, the
payment may be tendered on the first business day following the tenth day. User's failure to pay
the amount due within five calendar days after the Director so requests in writing is grounds to
terminate this Permit.
15. Hurricane Preparedness. If the Corpus Christi area is threatened by a hurricane or some
other emergency situation,User shall comply with all orders of the Director,including orders to
stop or suspend use of the Premises until such emergency has passed.
DocuSign Envelope ID:A739D937-9055-40B2-8D15-B372D04876AF
16. Assignment. User must not assign the Permit and privileges extended herein or any part
hereof without the prior,written consent of the Director. User may,with Director's consent,hire
a third party vendor to manage any use authorized by Section 4 above.
17. Modifications.No changes or modifications to the Permit may be made,nor any provision
waived,unless in writing signed by a person duly authorized to sign agreements on behalf of each
Ply.
18. Interpretation.This Permit will be interpreted according to the Texas laws which govern
the interpretation of contracts. Venue lies in Nueces County, Texas, where this agreement was
entered into and will be performed.
19. Headings.The headings contained herein are for convenience and reference only and are
not intended to define or limit the scope of any provision.
20. Severability.The unenforceability,invalidity,or illegality of any provision of this Permit
does not render the other provisions unenforceable,invalid,or illegal.
21. Entire Agreement. This document and the exhibits attached hereto constitute the entire
agreement between the City and User. It is the intention of the parties to provide for a complete
understanding within the provisions of this document, and the exhibits attached hereto, of the
terms, conditions, promises and covenants relating to User's operation and the Premises to be
used as authorized herein.
[Signature Page Follows]
DocuSign Envelope ID:A739D937-9055-40B2-8D15-B372D04876AF
EXECUTEDA DUPLICATE, each of which shall be considered an original, on this the It1h
day of , 2022.
ATTEST: CITY OF CORPUS CHRISTI
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DocuSigned by:
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�a L . 1 �..�4 A t 7nsnanF'i Para
Rebecca Huerta Robert Dodd
City Secretary Director of Parks and Recreation
APPROVED AS TO LEGAL FORM: IIS 2 , 2022.
at ..44,t„.., aci„,
Assistant City Attorney
for the City Attorney
GLOW ROW, LLC:
Doe/u}�SClp��nedby:
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By: ` .61C71AED57784FE..
Name: Zach Zurasek
Title: owner
Date: 5/2/2022