HomeMy WebLinkAbout16638 ORD - 11/04/1981_ mb;1O/21/81;1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEEMENT
TO CONTRACT AND A FIFTEEN -YEAR LEASE AGREEMENT WITH
THE NUECES LANDING COMPANY FOR THE ESTABLISHMENT OF A
FLOATING RESTAURANT TO BE LOCATED ON THE COOPERS ALLEY
L -HEAD; SUBSTANTIAL COPIES OF WHICH ARE ATTACHED AS
EXHIBITS "A" AND "B", RESPECTIVELY.
WHEREAS, the Nueces Landing Company has requested the City to
lease an area on and adjacent to the Coopers Alley L -Head for the purpose
of establishing a floating restaurant;
WHEREAS, the Nueces Landing Company, in establishing suchhfloat-
ing restaurant, will be making a substantial investment which in the judgment
of the City Council, and pursuant to Article VIII, Section 2(d) of the
City Charter, relates reasonably to the value and length of the lease; and
WHEREAS, the City desires to grant such lease;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and is hereby authorized to
execute an agreement to contract and a fifteen -year lease agreement with
the Nueces Landing Company for the establishment of a floating restaurant
to be located on the Coopers Alley L -Head; substantial copies of which are
attached as Exhibits "A" and "B", respectively.
16638
SEP 1984
*CALMED
STATE OF TEXAS X
COUNTY OF NUECES 1
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 The Nueces Landine Company.
hereinafter called "Second Party", a private Texas corporation whose principal .
office and place of business is in the City of Corpus Christi, ueces, Texas.
In consideration of the mutual covenants and agreemen4a herein contained -
and subject to the terms and conditions herein, it is mutually agreed as follows:
2. Establishment -of Floating Restaurant
The Second Party shall acquire, construct, and diigently make all_
preparations -for equipping, manning and fully establishing$ a Fluting restaurant'
which is to be open for business to the public and located= the east side -of the
t
"L" Head as indicated on the attached site plan. (Exhibit "D").
II. Responsibility for Plans, Specifications and Construction
' The Second Party shall have full responsibility for the preparation
of all plans and specifications'and supervision of construction of the Floating
restaurant. -
III. 'Approval of Plans, Flooring
All plans and specifications for the Floating restaurant and any
changes thereto must be approved by the City prior to commencing work at the
lease site. Flooring lines, spuds, pilings andfor 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 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), construct-
ion and equipping of the Floating restaurant craft, business, and lease site, including
all costs for special mooring and pilings required or deemed advisable by the City.
Txtir rr . 90 -
inspections,, architects' and engineers' fees, and all.other.fees`and costs, si
be borne entirely by the Second Party. Second Party shall pay all costs for install-
ation of required sewer lines, fire hydrants, and lift stations. City does not as-
sume and will not in any way be responsible for any of the financial obligations in-
curred or created by the Second Party in connection with the acquisition, equipping,
or establishment of the Floating 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 Floating 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 L -Head. Second Party shall, at
its owl expanse, 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 sdbmitted to
the Director of Engineering and Physical Development for approval prior to any
construction.
Second Party shall install a two-compartmentgrease 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 L -Head termi-
nating at an existing fire hydrant located near the existing comfort station.
Second Party shall, at its own expense, extend domestic and fire lines from a meter
to be located adjacent to the existing fire hydrant to a location necessary to serve
the Floating'restaurant. The plans for the extension shall be submitted to the
of Engineering and Physical Development for approval prior to construction.
IX. Natural Gas Requirements
Director
The City warrants that natural gas service will be available dock
side adjacent to the Floating restaurant, at no cost to the Second Party, if natural
gas is used for heating and cooking. Otherwise the Second Party must pay a prorate
share of the cost of the gas main extension. The City will extend a two-inch gas
main from the west side of Shoreline Drive to the Floating restaurant lease site.
X. Electrical Power
Second Party shall, at its own expense, be responsible for making all
the a,.a..gcmenes for adegnate electrical service to the Floating restaurant site.
H. Telephone Service
Second Party shall, at its own expense, be responsible for making all
the arrangements for telephone service to the Floating restaurant site.
XII:, Second Party Ownership
Second Party warrants'that Second Party is at the time of the c.zas-
tion of this agreement composed of the following ownership interests:
_= f
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 Floating restaurant is not ready to open for business and
fully capable of operation by Odtaberl, 1982, then the Second Party's bid security
of $1,000 shall be forfeited to the City as liquidated damages.
EXECUTED IN DUPLICATE ORIGINALS THIS the day of
19 , by the authorized representatives of the parties.
ATTEST:
Secretary
SECOND PARTY
Ate: CITY OF CORPUS CHRISTI, TEXAS
By
Bi11 Read, City Secretary Ernest M. Briones
Acting City Manager
APPROVED:
DAY OF
, 19
3. Bruce Aycock, City Attorney
By
Assistant City Attorney
?:. Tcaas Utter
Assistant City Manager
TBE STATE, OF. TEXAS X
COUNTY OF NUECES I
"s" LEA s
KNOW ALL MEN BY•THESE PRESENTS
This agreement is made and entered into this the day of
, 19 , by and between the City of Corpus Christi, Texas, a munici-
pal corporation, hereinafter called "City", and The Nueces Landing Company
hereinafter called "Second Party", a private Texas 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 cove-
nants described herein, leases to Second Party a certain dockside area in the Cor-
pus Christi Marina upon these terms:
I
DEMISED PREMISES. City hereby leases to Second Party the following:
Sufficient berthing space on the east side of the "L" -Read to accommodate the
Floating restaurant all as more fully shown on the attached Exhibit "D"
II
PERMITTED USE. The demised premises shall be used solely as a'restau-
rant with bar. The bar shall be a secondary use only. The business operation
shall be confined to the Floating restaurant. Itis 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 fifteen (15 )
years, commencing with the opening of the restaurant to the public, and ending
fifteen( 15 ) 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 a percent of the total monthly gross receipts
in accordance with the following schedule:
Year Percentage of Gross
1-3 3.50
4-5 3.75
6-10 4.00
11-15 4.25
The first monthly payment being due and payable on or before the tenth day of the
month following the month, or portion thereof, in which the restaurant first
opens for business. Subsequent rental payments shall be due and payable monthly
on or before the tenth day of each calender month thereafter.
EKNrHiT �S
V
bl.L\IIILY'FI\lNCIAL STATEMENTS. Second Party 'dual' keep strict and -
r%te I•caks of account of all receipts collected. Second Party agrees to furnish
City .-entified monthly statein nts of gross receipts itemizing the individual dates
of *iteration. Such statements shall be formulated according to currently accepted
.::nting procedures and in a fonn prescribed by the City's Director of Finance_
,i said hooks of ncc not shall be open for inspection by the City at all tires_
VI
Alal:�t\.\iii 51'II:. 'Ire City covenants to the Second Party the uninterru!ted
:.c of this location, except as expressly provided in this agreement. The City -re-
serves 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 porter.
VII
LESSEE RESPONSIBILITIES. 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) Co pti:+nce with all feckral, state, and 10 a1 laws, ordinances, rules
:-:,I/vr regulations, as x -:reed, 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 Corkers' Compensation Insurance,
carried at the expense of Second Party. Such insurance policy, by its terms,
shall also cover claims brought under the Jones Act and General Maritime Law.
d) Obtain and carry a policy of public liability insurance upon the
said demised premises and Floating restaurant craft, by terms of -which the City shall
be an additional nand insured. Such policy shall include coverage for poison/Hz;
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_certi-
fied 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 caa-
ccled or terminated until City'has been given 30 days written notice of such can-
cellation.
e) Maintaining the Floating restaurant, mooring lines, spuds, pilings
and/or anchors at all times in a satisfactory state of repair, as specified by the
..arina
•
• f) • Raising the Floating restaurant in the event it sinks, rege
s of
the cause of its sinking. -
g) Removing the Floating 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 solidwa t, material
bilgewater, litter, trash, or garbage issues from the Floating restaurant premises
allowed to collect in the waters of the City Marina or in the vicinity of the PI
restaurant or parking areas utilized by restaurant customers or employees. It(shay
be the duty of the Second Party to regularly police the vicinity of the Floating
restaurant for such materials and clean up and remove such materials in order to
maintain the cleanliness and attractiveness of the City Haring.
i) Ensuring that the noise level issuing from the Floating r estauraat
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 Para-
graph 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 equip-
ment 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 connec-
tion with the -said Floating 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 im-
provements, 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 deter®ined by the Marina Director, shall not
be made to the Floating restaurant while located within the demised premises. Row -
ever, reasonable minor maintenance will be authorized within the demised premises.
RESTAURANT OPERATION. The restaurant operation shall be carried
Y
Second Party in a business -like manner at all times. The hours and days of ,,_ra-
tion throughout this lease shall be comparable to those of other restaurants in. the
City which place emphasis upon lunch and evening meals.
KI
ASSIGNMENT OR SUBLEASE. Second Party may not assign this lease nor sub-
lease the premises nor any part thereof without the prior written consent of the
City.
%II
HURRICANE PREPAREDNESS. In the event the area is threatened by a hurri-
cane or some other emergency situation, Second Party shall comply with all orders
of the Marina Director or his authorized representative.
(Hurricane preparedness plan of Floating restaurant)
%III
SANITATION. Garbage and trash shall be stored aboard the Floating res-
taurant craft or upon the "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 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 con-
tainerahall be landscaped and maintained by the Second Party. Garbage pick-up
will be required no less than five (5) days per week.
%IV
PARKING. Parking for restaurant employees and customers will be the
head portion of the "L" -Head provided, however, that such areas shall not be for
the exclusive use of Second Party, its employees and customers.
SANITARY SEWER.
RV
Operation of sanitary sewer facilities shall be in accord -
ante 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 thirty (30) days after written notice of such installatioa
r.stirinent,is sent by the City. Should the results of therlow meter in
that the 20,000.gallons per e•:y maximum is exceeded, thein the Second Party shall
either alter the operations of the Floating 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
Si:.t it'n 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 haz-
:.rsls or catastrophe. Standby pourer 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 respon-
sibility 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 errplo}er and hereby covenants that no employee
or customer shall be discriminated against because of race, creed, color, or nation
al 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 demise
premises, including the Floating restaurant craft, at all times, for purposes of any
inspection, repair, fire or police action, and the enforcement of this lease.
XVIII
INDEPENDENNT CONTRACTOR. It is further understood and agreed that Second
Party is and shall be an independent contractor hereunder. Second Party shall em-
ploy sufficient employees necessary for the operation of said business, which em-
ployees shall be solely in the employ of the Second Party.
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 reasonable 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 Floating restaurant craft from the Marina.
XX
r
NOTICES. Any notices provided for under this lease maybe given, in
writing, to the City, by delivering or mailing the notice to the tsarina Director's
office at P. 'o. i ox 9277, Corpus Christi, Texas, 7S4ba, icnd• to the Second f,
by delivering or railing the notice to Tlie Ntuc Landing Company
, located at
1'.0. _11oa.18Corpus Christi, Texas,_I$412
XXI"
MODIFICATIONS. No changes or medinicntioes to the lease shall be made,
r•,r :my provision waived, unless in writing signed by a person authorized to sign
:wre.ezents on behalf of eaeh party.
XX I I
Di:1.INIJ»LNCY. Second Party shall he deemed "delinquent" and/or "in ds-
J':.ult" if the City :,as not received Second Party's r:•n,thiy rental payment and fin-
ancial statement on or before S_p.m. on the tenth day of the month, If the 10th
day of the ionth falls on a weekend or a holiday, payment and financial statement
_hall be tendered on the first business clay thereafter. In the event of such del-
inquency rand/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 rewired
financial statement within five (5) days after City has sent written notice to
Second Party of such deli.nqucncy and/or default.
X\III
I\DE NIfY. Second Party shall indemnify and hold the City harmless frost
and against all claims, demands, causes of action, costs, attorneys' fees, liabili-
ties of any nature whatsoever arising out of this agreement, the Second Party's use,
operation, or occupancy of the Floating restaurant and immediate vicinity (including
conditions arising therefrom), whether such use, operation or occupancy is author-
ized 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-di-nnage 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 em-
ployees.
XXIV
SIGNS A\1) LIGHTING. No exterior signs or lighting or changes thereto
shall be installed upon or in the vicinity of the Floating restaurant without the
prior written approval of the City Manager. Such Floating restaurant shall be per-
mitted 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
• S)' Sign must be attached flat against the building:whir:1i it
Vnl shall not project rore thin eighteen (18) inches from the wall and shall
out vosond above the hoitht of the building.
Ubt1I111) IN DUPLICATE ORIGINALS this the_ day of
19 , by the authorized re.,,resentatives of the parties.
.11 /-ST:
- • • ----
AeaST;
Ler, -City SecretaV----
AVPACXED:
Pay of , 19
-
J. Bruce Aycock, City Attornay
By-
AssistantCity Attorney
W.*Thomas Utter
Assistant City Manager
SEWND 1'A:111Y .
CLTY OF CORPUS timisrr, TEXAS
BY
Briones,- A—Cr.-If.33.,g, City ,Ifanage •
"C"
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 s:o_m 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
establishment 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.
The following actions should be taken under the various conditions:
Condition 5 - Go over your department planning and make any changes
necessary to bring it up-to-date. Any changes made should
be reported to the Civil Defense Office if they affect any
of the overall emergency planning. Keep alert to the fact
that the hurricane season is on and that sometimes these
disturbances are formed close to land and can go in along
the coast with a short pre -warning.
Condition 4 - The path of the hurricane has been fairly well established
and is no less than 72 hours away. Department heads should
keep well informed and make any preliminary preparations that
require more than average time to do.
Condition 3 - The disturbance is approximately 24 hours away. Plans to
have all water and fuel storage tanks filled on short notice
should be made. Foul weather gear and all equipment should be
checked.
Condition 2 - Hurricane is only about 18 hours away. All personnel should .
be put on a standby basis. Three 8 hour work shifts should
be set up if this system is not already in operation. Under
this condition, the Mayor (Civil Defense Coordinator) may de-
clare an emergency. If an emergency is declared, the proce-
dure to follow will be the same as will be described.
r
to
That the foregoing ordinance was read forfirst time e and passbed
tto its
second reading on this the .Lday of�
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinanceZwAs read for co d t;m19agd, passed o tits
third reading on this the day of 6
/ , following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoi q ordinance
on this the day of,
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky p
PASSED AND APPROVED, this the
day of r. �.- - r , 194P
ATTEST:
s read ,for the 9h1I time bye thefollowing and passed °vote:
, vote:
"7
s
City° Secretary
APPROVED:
214-e DAY OF
J. BRUCE COCK
ByX1..1►
Assis,7 n��`ity
ee �ir, 19S):
CITY ATTORNEY
r;y
Attorn v2,
MAY
THE � TY OF CORPUS CHRISTI, TEXAS
16638
IIIIPIIIIIIr
PUBLISHER'S AFFIDAVIT 7.333548 CITY OF C.C.
STATE OF TEXAS, Ls
County of Nueces.
• Before me, the undersigned, a Notary Public, this day personally came_
BILLIE J. HENDERSON _ , who being first duly sworn, according to law, says that he is the
__-„_TCCQTTNTTNG CT,FFRx _ _ .__ .._ 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
NOTICE OF PASSAGE OF AN ORDINANCE NO,+a.-•--•-----
CORPUS CHRISTI CALLER -TIMES
of which the annexed is a tree copy, was published in _ ---_
the..... ----
9t--.... h day of. NOVEMBER 19 81 and once each. -day -_thereafter for.. one
on
$
one Times.
736.36
•
BILLIE J. HENDERSON
18..
Subscribed and sworn to before me this..._1 Ot2.•.,.-day of ..._. $L4_1fiER 81
LOIS WIPTt.��
Notary c, Nueces County, Texas
- •rt • •' 7.1
t:et
PUBLISHEP'S AFFIDAVIT v.333549 CITY OF C.C.
STATE OF TEXAS, to
County of Nueces. )
Before me, the undersigned. a Notary Public, this day personally came.
BILLIE J. HENDERSON who being first duly sworn. according to law, says that he is the
ACCOUNTING CLE5K 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
NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING....
CORPU..S.. CHRISTI CALLER -TIMES
. of which the annexed is a true copy, was published in__.
an the_ 2.n. d day af_NOVE.MBER 19 81 and once each-- day _thereafter for one,
consecutive...
day _ _ ..........--
one Them
27.88 BILLIE J HENDERSON
Subscribed and sworn to before methis—.4—...th __day of______...TiaIELMBEE. 19.
Notary
Lcap
Notary Pub c, ueces County , Texas
•
f
�' NOTlCE O
PASSAGE OF
ORDINANCE ON
SECOI_D R.7ADING
AUThORI2'.1NG , THE CITU
MANAGER TO EXECUTE
AN AGREEMENT TO CON-
TRACT AND A 15 -YEAR
LEASE AGREEMENT.
WITH THE NUECES LAND. '
ING COMPANY FOR THE
ESTABLISHMENT OF A i
FLOATING RESTAURANT
TO BE LOCATED ON THE
COOPERS ALLEY i -
HEAD; SUBSTANTIAL ;
COPIES OF WHICH ARE
ATTACHED AS EXHIBITS
"A" AND "B", RESPEC-
TIVELY.
WAS PASSED ON SEC-
OND READING by the City
Council of the City of Corpus
Christi, Texas on the 28t19
day of October, 1981, previ-
ously approyed.on ffrsf read-
ing on -October 21st 1981. The
full text of said ordinance Is
available to the public In the ,
Office of the City Secretary.
•s -Bill G. Read 'I
City Secretary I
Corpus Christi,
•
a
PUBLISHER'S AFFIDAVIT v•339037 CITY OF C.C.
STATE OF TEXAS, ins:
County of Nueces. 1
Before me, the undersigned, a Notary Public, this day personally----.-
BILLIE• .HE D L?..a. Y......... - • who being first duly sworn, according to law, says that he is the
.......... us Christi Caller end The Corpus Christi Tines,
,�QC.OUN.T.IDT.G.-C�• of the Corp
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE OF FIRST READING.....
publishedin CORPUS,.CHRISTI CA741. Zia----
of which the annexed is a true copy, was "�� thereafter ior... - •- - e----
on the6th day of
OCTOBER _ 19..•.fa and once each. ...... — '•--• —
consecutive.
Jay
_ 9Ad .••--.... Timcs.
26.21,. •......._ .... B1.L141.E• :T ......EIM
Subscribed and sworn to before me this.-•-.-22•t32.•-••day of__...._....pGT-ONE •
LO��._tIS_b l:l
Notary public, Nue County. Texas
P- SSAGE OF ,
ORDINANCE ON
1 IRST READING
r...... AUTHORIZING THE
' \ ,?krAltinAgNIFIVIV:
, I ITY MANAGER TO EXE
EEN-YEAR LEAS
) IMERIELNDTGH COM
ANY FOR THE ESTAB
ISHMENT OF A FLOAT
NG RESTAURANT TO BE
OCATED ON THE COOPJk
RS ALLEY L -HEAD; SUB-
TANTIAL COPIES OF,
VH(CH ARE ATTACHED.
S EXHIBITS "A" AND,
B", RESPECTIVELY. i
WAS PASSED ON FIRST
EADING by the City Coun-
II of the CIty of Corpus
I hristl, Texas on the 21st day C
October, 1981. The full text a.
said ordinance Is available
o the public In the Office of ,
he City Secretary. '
G. Retie;
City Secretary
Corpus Chilstl,
tiro
No 1.10:
AUTHORIZI NO THE
CITY MANAGER -TO EXE-
CUTE AN AGREEMENT
TOCONTRACT AND AFIF-
TEEN-YEAR LEASE
AGREEMENT WITH THE
NUECES LANDING COM-
PANY FOR THE ESTAB-
LISHMENT OF A FLOAT-
ING RESTAURANT TO BE
LOCATED ON THE COOP-
ERS ALLEY L -HEAD, SUB-
STANTIAL COPIES OF
WHICH ARE ATTACHED
AS EXHNi1T3 IA" AND
"B", RESPECTIVELY
WHEREAS, the Nueces
Landing Company has re-
quested the City to lease an
area on and ad stent to the
Coopers Alley L.Head for the
purpose of establishing a
floating restauredt;
WHEREAS; the Nueces
Landing Company, In estab-
lishing such floating restau-
rant will be making a sub-
stantial investment which In
the judgment or the City
Council, and pursuant to Ar-
ticle VIII, Section -Ed) of the
City Charter, relates reason-'
ably to the value and length
of the lease; and,.
WHEREAS, the City de-
sires to grant such lee's;
BE IT ()ROAMED BY
THE CITY COUNCIL OF
THE CITY OF CORPUS
CHR,STt Texsta,
SECT(DPI V8'hai the City
Manager
eeauthotized to execute
agreement to centred and 0
fitteee-yems ar teeagreement
with t e Nueces Landing
Company far the oatab-
Ilshment of a floating restau-
rant to be located on the
Coopers Alley L -Head; sub-
stantial copies of which are
attached as Exhibits "A"
end "B", respectively.
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 Cor-
pus Christi, Texas, a muniCI-
pal corporation, hereinafter
called"City", and The
Nueces Lending Company
hereinafter called "Second
Par a private Texas cor-
poration",
whose principal of-
fice and place of business Is
in the City of Corpus Christi,
Nueces, Texas.
In consideration of the mu-
tual covenants and agree-
ments herein contained and
sublect to the terms and con-
ditions herein, It Is mutually
agreed as follows:
I. ESTABLISHMENT OF
FLOATING RESTAURANT
The Second Party shall ac -
qv lre, construct, and
diligently make all prepara-
tions for equipping, manning
and -fully establishing a
Floating restaurant which Is
to be open for business to the
east isidand the "1L."" Head as
Indicated on the attached
site plan. (Exhibit "0").
II. RESPONSIBILITY
FOR PLANS, SPECIFICA-
TIONS AND CONSTRUC-
TION
The Second Party shall
have full responsibility for
the preparation of all plans
p,4ppi,�iia ¢bn�: I '
rant and any changes thereto
must be approved by the City
prior to commencing work at
the lease site. Mooring lines,
spuds, Pilings and/ or an-
chors shall be approved in
writing by the Marina Direc-
tor prior to commencing
work at the site.
IV. PERMITS AND COM-
PLIANCE WITH THE LAW
This project and the estab-
lishment of the restaurant
must fully comply with all
federal, state, and local
laws, ordlhances, rules and
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 oth-
erwise), construction, end
equipping of the Floating
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 re-
sponsible for any of the fi-
nancial obligations Incurred
of created by the Second
Party In connection with the
acquisition, equipping, or es-
tablishment of the Floating
restaurant.
VI INDEMNITY
The Second Party shall in-
demnify 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 es-
tablishment of the said
Floating restaurant.
VII SEWER REQUIRE-
MENTS
The City warrants that
sewer service Is available to
the lease site at the existing
sanitary sewer Ilft station at
the L -Head. Second Party
shall, at Its own expense, ex-
tend either a gravity lone or a
minimum four-Inrlt force
main from the lease site to
the 00150 ng 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 prepa-
ration area and the sewer
line. Disposal of all grease
shall be in accordance with
regulations of the City end
County Health Department.
VIII. WATER REQUIRE-
MENTS
The City warrants that wa-
ter service will be available
to the lease site at an eight -
inch water main to be Install-
ed by the City on the L -Head
terminating at an existing
fire hydrant located near the
existing comfort station.
Second Party shall, at its
own expense, extend domes-
tic and flre Tines from a me-
ter to be located 851600nt to
the existing fire hydrant to a
location necessary to serve
the Floating restaurant. The
plans for the extension shall
be submitted to the Director
1�-pt4675aYmtffP7xp'�IB3 lid
aValpp nt {a. D•'
�nttoraahr�(trn.wm,s•
;—(X. NATIJAAVGAt
r IRE EpITS,
natural gas service will be
available dock side adjacent
to the Floating restaurant, at
no cost to the Second Party,
if natural gas is used for
heating and cooking. Other-
wise the Second Party must
pay a prorate share of the
cost of the gas main exten-
sion. The City will extend a
two-inch gas main from the
west side of Shoreline Drive
to the Floating restaurant
lease site.
X. ELECTRICAL POWER
Second Party shall, at Its
own expense, be responsible
for making all the arrange-
ments for adequate electri-
cal service to the Floating
restaurant site.
XI. TELEPHONE SER-
VICE
Second Party shall, at It
own expense, be responsible
for making all the arrange-
mhnts for telephone service
10 the Floating restaurant
site,
XII SECOND PARTY
OWNERSHIP
Second Party warrants
that Second Party Is at the
time et the execution of this
agreement composed of the
following ownership inter-
ests.
XIII. AGREEMENT TO
LEASE
The parties agree that
when all of the requirements
of this Agreement to Con-
tract have been fulfilled the
parties shall enter Into a
lease, with the City as Lessor
and Second Party as Lessee,
aay east Ewxhhbt I5A.attached
AGXIIV. LIQUIDATED DAM-
ES
In the event that Second
Party falls to execute the
lease attached hereto as Ex-
hibit A and said Floating res-
taurant Is not ready to open
for business and fully ca-
berli 1982, then Of othe n Second
Party's bid security of 01,000
shall be forefelted to the City
as liquidated damages.
EXECUTED IN DUPLI-
CATE ORIGINALS THIS the
- - day of --19--, by the
authorized representatives
of the parties.
SECOND PARTY
ATTEST:
Secretary
CITY OF
CORPUS CHRISTI,
TEXAS
Ernest M. Brlyones
Acting City Manager
ATTEST.
Bil- l Read,
City Secretary
APPROVED
--DAY OF --, 19--
J. Bruce Aycock,
CIty Attorney
By --
Assistant City
Attorney
- -W. Thomas Utter
Assistant City , '
Manager
THE STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL MEN BY
THESE PRESENTS
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
uslness Is In the C ty o Cor-
pus Christi, Nueces County,
Texas.
Se Cc tl pa consideration of
formance sof theaithful coven covenant
described herein, leases to
Second Partys certain dock-
side area In the Corpus
Christi Marina upon these
terms*
DEMISED( PREMISES.
City hereby leases to Second
Party the following: Suf-
ficient berthing apace on the
east side of the "L" -Head to
accommodate the Floating
restaurant all as more fully
shown on the attached Ex-
hibit "O".
PERMITTED USE. The
demised premiles shall be
used solely as a restaurant
with bar The bar shall be a
secondary use only. The
business operatLLgopp shall be
confined to the Fronting res-
taurant. It Is understood that
this lease does not constitute
the granting to Second Party
of an exclusive right to oper-
ate a restaurant In the Ma-
rina area.
TERM The perm of this
lease shall be for a period of
FIFTEEN (151 years, com-
mencing with the opening of
the restaurant to the public,
and ending FIFTEEN 115)
years thereafter on the an-
niversary of the opening
date.
RENTAL.( Second Party
shall pay each month to the
City as rental for the above
d y�
grt r e n
mon
gross receipts Iachde
with the following schedule:
YEAR, PERCENTAGE
OF GROSS
1-3 3.50
4.5 3.75
6.10 4.00
11.15 4.25
The first monthly payment
being due and payable on or
before the tenth day of the
month following the month,
or portion thereof, In which
the restaurant first opens for
business. Subsequent rental
payments shall be due and
payable monthly on or be-
fore the tenth day of each
calendar month thereafter.
MONTHLY FINANCIAL
STATEMENTS. Second Par-
ty shall keep strict and accu-
rate books of account of all
receipts collected. Second
Party agrees to furnish City
certified monthly statements
of gross receipts Itemizing
the Individual dates of oper-
ation. Such statements shall
be formulated according to
currently accepted account-
ing
prescribedrures byy theand
City'sform
Di-
rector of Finance. The saki
books of account shall be
opened for Inspection by the
CIty at all times,
VI
ALTERNATE SITE. The
City convenants to the Sec-
ond Party the uninterrupted
use of this location, except as
expressly provided In this
agreement. The City re-
serves the right and power to
substitute an alternate site
h4 1v .•,Second Party two
1
±,s all be responsible
for the following:
a) Cost for Installation and
use of all utilities, Including,
but not limited to, water,
sewer, sanitation, electrici-
ty, natural gas, and tele-
phone.
b) Compliance with sitfed-
eral, state, and local laws,
ordinances, rules and/or
regulations, as amended, In-
cluding, but not limited, to
Chapter 12 of the City of Cor•
rdi-
naeseode ancand Christi Rules
and Regulations
c) All employees shall be
coverpensat on insu workers by nce,, carried
at the expense of Second
Party Su0h Insurance pol-
icy, y Its terms, shall alar
cover claims brought under
the Jones Act and General
Maritime Law.
d) Obtain and carry a pol-
icy of public liability Insur•
ante upon the said demised
premises end Floating res-
taurant craft, bterms of
which the City shall bean ad-
ditional named Insured. Such
ppoolicy shall. Include coverage
fo
fir od poor drihg,lMnIorIn 1110850theamount tram
nk
of 110,009 for bodily Inlury
or death M 850 one person,
S1,1)00,0001 or bodily Inlury or
death
death for any one occur-
rence, and 3100,000 for a
hof poperty mihadaTe City shell be furnished sed
fifyofIsancproepollicinsurance r
lease term. Said pottey shamencement of ll
include a provision that the
policy maynotbe canceled
or terminated -WO Cltyhes
been given 30 days wrlttelt-
notice of such e) Malnteinll� the Ftoat-
Ing restaurant, mooring
lines, spuds, Pllinsis and/or
anchors pt all times in 8 sat-
isfactory state of repair, as
specified by the Marina DI -
rector.
51 Raising the Floating res-
taurant In the event It sinks,
regardless the cause of Its
sinking.
g)' Removing the Floating
restaurant from thrt Marina
In the event of extensive
damage, destruction, sink-
ing, or partial sinking, re-
gardless of cause.
h) Ensuring leer no eau,
tent, effluent, liquid or solid
wastes material, bNoewater,
litter, trash, or garbage is-
sues from•the Floating res.
teurant premises alhtwed to
collect In the waters of the
City Marina or In the vicinity
of the Floating restaurant or
perking areas utilized by
restaurant customers or sum
ployees. It shall be the duty
of the Second Party to regu-
larly pollee the vicinity of the
Floating restaurant for such
materials end clean up and
remove such materials In or-
der to maintain the clean-
liness and attractiveness of
the City Marina.
I) Ensuring that the noise
level Issuing from the Float -
Ing restaurant shall be rea•
cernlbly and
shallnot
a person
of normal hearing sensitivity
standing along the east curb-
(ine of North Shoreline
i nP¢tfereleT
ora h=
month, and at the same
paying City the rental
amount described In Para-
graph IV.
k) Regularly Inspecting
and maintaining firefighting
systems and equipment In
the highest degree of read-
iness, and regularly training
employees In the prevention
and emergency procedures
I) Payment of all operating
expenses incurred by Second
Party In conenctlon with the
said Floating restaurant
business.
IMPROVEMEVIIINTS. Noim-
pprovements, additions or al-
terations shill be made to
the Merinotles 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. Melor repairs,
es determined by the Marina
Director, shall not be made
to the Floating restaurant
while located within the de-
mised premises. However,
reasonable minor main•
tenance will be authorized
within the demised prem-
ises.
RESTAURANT OPER•
AT ION. The restaurant oper-
ation 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.
ASSIGNMENT OR SUB=
LEASE. 5econd Party may
not assign this lease nor sub•
lease the premises nor any
part thereof without the pri-
or
or written consent of the
City. XII
HURRICANE PRE-
PAREDNESS. In the event
the area Is threatened by e
hurricane or some other
emergency situation, Second
Party shall comply with all
orders of the Morino Direc-
tor or his authorized repre-
sentative.
(Hurricane preparedness
plan to FloaXlII ggrestaurant)
SANITATION. Garbage
and trash shall be stored
aboard the Floating restau-
rant craft or upon the "L" -
Head at a location desig-
nated by the Marina Direc-
tor. All garbage or trash
stored In areas designated
upon the "L" -Heed shall be
stored either In normal con-
tainers or dumpster type
containers Such containers
shall be stored Inside a small
building, screened or appro-
priately landscaped area ell
at Second Perry's expertness
approved by the Marina Di-
rector. The garbage Fon010-
er shall be landscaped end
maintained by the Second
Party. Garbage pick-up 10111
be required no less than five
(5) days per week.
XIV
PARKING. Parking for
restaurant employees and
customers will be head por-:
tion of the "L" -Head pro-
vld� h PPA
- CT)ipalva
1$0C
tk employees
er fa-
be In accord.
ance with the Industrial
Waste Ordinance No. 121196,
as amended. Maximum sani-
tary sewer flows from the de-
mised 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 ex-
ceed 20,000 gallons per day,
S8cQnd Party shall be re -
to Install, at its own
expense a flow meter on the
Ilne from the lease slte to the
lift station. Such flow meter,
is to be Installed within thirty
130) days after written notice
of such installation require-
ment is sent by the Clty
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 Floating
restaurant to keep the flow
within 20,000 gallons per day,
or shall, at Second Party's
expense and after City ap-
proval, can the existing lift
station to be modified for the
purpose of Increasing the lift
stetlen capacity.
The Clty .warrants sewer
service from the lift station
only as long as electrical ser-
vice 10 the station Is not dis-
rupted by storm, accident or
other hasard3 or catas-
trophe. Standby power to op-
erate the lift station Is not
available the preparation of
this lease, nor Is It planned
by the City. Maintenance of
the sanitary sewer system
from the I1ft station to the
lease site shall be the respon-
slbillty of the Second Party.
XVi
NON-DISCRIMINATION.
Second Party shall be re-
sponsible for the fair andlust
treatment of all of Its em-
ployees. Second Party war-
rants that Is Is and *will con•
tinue to be an equal
opportunity'�mployer and
hereby covenants that no
employee or customer shall
Jffi dl_acrlmin'ted against be-
cause of race, creed, color,
or national origin. Violation
of thte provision shall be
cause tot IFSmedlatd'termi-
natlon this lease by the City.
XVII
INSPECTION. City per -
sonnet shall have the right to
enter upon the demise prem-
ises, including the Floating
restaurant craft, a1 all
times, for purpose of any In.
spectlon, repair, fire or po-
Tice action, and the enforce-
ment of this lease.
XVIII
INDEPENDENT CON-
TRACTOR. It Is further un-
derstood and agreed that
Second Party Is and shall be
en -Independent contractor
hereunder. Second Party
shall employ sufficient em-
ployees necessary for the op-
eration of said business,
which employees shall be
solely In the employ of the
Second Party,
XI X
TERMINATION. Except
as otherwise provided here-
in, City may terminate this
lease whenever Second Par-
ty fails to comply with the
provisions and covenants
contained herein, and falls or
refuses 50 comply within a
reasonable time after recely-
Ing written notice of the vio-
lation and recommended
cure. In The event of any ter-
mination, Second Party shall
mmediately comply with a
*Ow
s given, Ina vritlgg or
me City, by delivering or
rina Director's
thet notice to the Ma-
rina 9277, oCo office at P.O.
Box 9277, Corpus Christi,
Texas, 79488, 000 to the Sec-
ond Party,by delivering or
mailing te notice to THE
NUECES LANDING COM-
PANY located at P.O. BOX
0118, Corpus Christi, Texas
78412.
XXI
MODIFICATIONS. No
changes or modifications to
the lease shall be made, nor
in writprovision
ng0 signed ned waived, a, personn
authorized go sign agree-
ments
ments on behalf of each per-
m.
XXI I
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 be-
fore 5 p.m. on the tenth day
of the month. If the 10th day
of the month falls on a week-
end or a holiday, payment
and financial statement shall
be tendered on the first busi-
ness day thereafter. In the
event of such delinquency
and/or default, the City may,
at its option, terminate this
lease after Second Party fail
or refuses to pay the amount
due and/or provide the re-
quired financial statement
with five (5) days after City
has sent written notice to
Second Party of Such defi-
ciency and/or default.
XXIII
INDEMNITY. Second Par-
ty shall Indemnify and hold
the City harmless from and
against all claims, demands,
causes of uteri, costs, attor-
neys' tees, liabilities of any
nature whatsoever arising
out of this agreement, the
Second Party's use; oper-
ation, or 800550ncy of the
Floating restaurant and Im-
mediate vicinity (Including
conditions arising there-
from), whether such use, op-
eration or occupancy is au-
thorized or not, or from act
or ommission of Second Par-
ty, or Its officers, agents,
employees, guests, custom-
ers, or invitees.
Second Party shall be
liable to Clty for any damage
10 City property caused by
Second Party, or its eskers,
agents, or employees. City
does not and 10111 not in any
way be responsible or liable
for arty of the financial obli-
gation which may be in-
curred or created by Second
Party, or Its officers, agents,
or employees
•
SIGNS AND LIGHTING.
No exterior signs or lighting
or changes thereto shall be
installed upon or in the vicin-
ity of the Floating restaurant
without the prior written ap-
proval of the City Manager.
Such Floating restaurant
shall be permitted one (1)
identification sign which
shall meet thefoliowing con-
ditions
11 Sign, If Illuminated,
shall be either internally II
Iuminated or backlighted.
2) Sign shall not exotic
twenty (20) square feet It
area
31 Sign must be attache(
flat against the bulldin
which It relit not pr t-ri)gra 0111h 0 _
teen)Inches, from t
-850
waif 'and shall it
t�yy}ho�• •-rapSEresenra+W4s
of the parties.
COND PARTY
ATTEST.
Secretary CITY OF
CORPUS CHRISTI,
IEST
By ---
E.M. Briones,
Acting City Manager
ATTEST; -
Bill Reed,
City Secretary APPROVED: 1
--Day of --, i9 -
J. Bruce Aycock
City Attorney
By --
Assistant City
Attorney
-s-W. Thomas Utter
AThom
ssitanteCity Utter
Manager Alert and
Operational Conditions
Civil Defense
City of
Corpus Christi
The following system for in-
dicating the various phases -
of hurricane warnings will 1
be used:
tondtanued
condi-
tion
Condition
alert
through hrNovembern30.fThis
condition Indicates that the
hurricane season exists.
Condition 4 - The path o4 a
storm or hurricane has been
fairly
destruc destructive winds lof
force within 72 hours.
Condition 3 - Movement of
storm or hurricane indicates
,estructive winds of force
rhin 24 hours. Take nary precautionaryymen.
Condition 2 - Movement of
sterni or hurrl can 01iretasv
wIl tplva urs. of farce
-owcai`atuuhinpp�tila heurs.T ab-
IlsMnent 0? a state of read-
iness on short notice.
Condition 1 - Movement of
storm or hurricane Indicates
destructive winds of force
Imminent. Establish a state
of readiness and take pre-
caution to minimise damage.
ld
pekngecso
taken following
the various
conditions:
eartinion S -Go over Your de"
alarming and make
au changes necessary toY
bring M up- ttqq-
die rt as made !ao td re-
hi
ato the OA Defense
Dtfiw If qaffte_cany of
the
��tp en p ale* rd t to the fact
on and thatrsometimes these
disturbances are formed
dose to land and can rt
-J-
watt away.} lto
less t heads sshould eep
well Informed and make any
preliminaryprerasie
ttt✓?t regeITe mOp thfmea
age time to do.
on3->Fedisturbence•
Is
approximately Is approximat1ely 2s hours
away. Plans to have all wa-
ter and fuel storage tanks
filled
made short
weatherwgear
and all equipment should be
checked
Condition 2 - Hurricane Is
person eltshouldrte phut on o
standby basis. Three Bhour
work shifts should be set up
If thls system Is nota y
in opdration. Under this con-
dition, the dinac) IClvtl Da-
faroe coordln4i0T-Z-mrtY
emer an a 10 00 1ETgd the
emergency to follow wilt be
the sem° as will be de.
scribed.
Condition 1 - Under this con-
dition, a hurricane or tor-
nado Is Imminent. Take all
precautions. If conditions
warrant such action, the
Mayor will declare en emer-
and ythenfull Civil !Defense
plan for defense wilt 9
Pnst
First
actionon order of
Assistant Coordinator (City
>eH/15
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