HomeMy WebLinkAbout16905 ORD - 03/03/1982AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AMENDMENT WITH PLEASURE PIER
ASSOCIATES, INC., DBA CAPTAIN BOOMERS,
PROVIDING FOR THE EXTENSION OF THE TERM OF
THE LEASE FROM THE CURRENT FIVE YEARS TO
FIFTEEN YEARS, BEGINNING THE 11TH DAY OF
OCTOBER, 1980, AND TERMINATING THE 10TH,DAY
OF OCTOBER, 1995, AND MAKING PROVISIONS FOR A
REVIEW AND RENEGOTIATION OF THE CURRENT RATE
SCHEDULE AT THE END OF THE INITIAL FIVE-YEAR
TERM OF THE LEASE, THE 10TH DAY OF OCTOBER,
1985, A SUBSTANTIAL COPY OF WHICH AMENDMENT
IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A".
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 a lease amendment with Pleasure Pier
Associates, Inc., dba Captain Boomers, providing for the
extension of the term of the lease from the current five years to
fifteen years, beginning the llth day of October, 1980, and
terminating the 10th day of October, 1995, and making provisions
for a review and renegotiation of the current rate schedule at
the end of the initial five-year term of the lease, the 10th day
of October, 1985, a substantial copy of which amendment is
attached hereto and made a part hereof, marked Exhibit "A".
16905
SEP 2 8 1984
MICROFILMED
LEASE
T -HEAD SITE
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
This amended agreement is made and entered into this the day
of February, 1982, by and between the City of Corpus Christi, Texas, a municipal
corporation, hereinafter called "City", and Pleasure Pier Associates,
hereinafter called "Second Party", 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:
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.
11.
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.
111.
TERM: The term of this lease shall be for a period of fifteen (15)
years, commencing the llth day of October, 1980 and terminating on the 10th day
of October 1995, unless sooner terminated pursuant to Paragraph IV(c).
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:
0-36 months
37-60 months
01.0% or $6,000 ($500/month)
01.5% or $8,400 ($700/month) _
E(/I.
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 $500
37-60 months $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
County, Texas.
C.
N. Mesquite Street or to P. O. Box 9277, Corpus Christi, Nueces
The above rental payment schedule will remain in effect for
the initial five (5) year term of this lease which ends October 10, 1985. At
this time the rate schedule will be reviewed in light of then current economic
developments and for comparison with similar rental schedules then in effect,
and the appropriate changes will be negotiated as needed. If a rental payment
agreement between the parties is not reached by December 10, 1985, this lease
shall be considered terminated.
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 uninterrupted;
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use of this location, except as expressly provided in this agreement. 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.
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) 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 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 pro-
vision that the policy may not be cancelled 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.
(0 Raising the barge restaurant in the event it sinks, regardless
of the cause of its sinking.
(g) Removing the barge restaurant from the Marina in the event of
extensive damage, destruction, sinking, or partial sinking, regardless of cause.
-3-
(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 attractiveness 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 days
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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 afthOrized 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 belandscaped 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 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
-5-
after written notice of such installation requirement is sent by the City.
Should the results of the flow meter indicate that the 20,000 gallons per
day maximum is exceeded, then the Second Party -shall either alter the operations
of the barge restaurant to keep the flow ,within 20,000 gallons per day, or
shall, at Second Party's expense and after City approval, cause the existing
lift station to be modified for the purpose of increasing the lift station
capacity.
The City.warrants sewer service from the lift station only as
long as electrical service to the station is not disrupted by storm, accident
or other hazards or catastrophe. Standby power to operate the lift station
is not available at the preparation of this lease, nor is it planned by the
City. Maintenance of the sanitary sewer system from the lift station to the
lease site shall be the responsibility of the Second Party.
XVI. .
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 enforcement
of this lease.
- XVIII.
INDEPENDENT CONTRACTOR: It is further understood and agreed that
Second Party is and shall.be dn 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.
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
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receiving written notice of the violation and recommended cure. In the event
of any termination, Second Party shall immediately comply with a written order
from the Marina Director to remove the barge restaurant 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.
XXI.
MODIFICATIONS: No changes or modifications to the lease shall be
made, nor any provision waived, unless in writing signed by a person authorized
to sign agreements on behalf of each party.
XXII.
DELINQUENCY: Second Party shall be deemed "delinquent" and/or
in default" if the City has not received Second Party's monthly rental payment
and financial statement on or before 5 p.m. on the tenth day of the month. If
the 10th day of the month falls on a weekend or a holiday, payment and financial
statement shall be tendered on the first business day thereafter. In the event
of such delinquency and/or default, the City may, at its option, terminate this
lease after Second Party fails or refuses to pay the amount due and/or provide
the required financial statement within five (5) days after City has sent
written notice to Second*Party of such delinquency and/or default.
XXIII.
INDEMNITY: Second Party shall indemnify and hold the City harmless
from and against all claims, demands, causes of action, costs, attorneys fees,
liabilities of any nature whatsoever arising out of this agreement, the 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-.
-7-
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 Manger. Such barge restaurant shall be
permitted one (1) identification sign which shall meet the following conditions:
1) Sign, if illuminated, shall be either internally illuminated
or backlighted.
. 2) Sign shall not exceed twenty (20) square feet in area.
3) Sign must be attached flat against the building which it relates
to and shall not project more than eighteen (18) inches from the wall and shall
not extend above the height of the building.
XXV.
RENT ABATEMENT: The monthly rental will be abated during the time
that the barge restaurant ceases business operations (1) in preparation for
movement to a safe moorage in accordance with its hurricane preparedness plan,
(2) in preparation for movement whenever the City exercises its option under
Paragraph VI, or (3) whenever the barge restaurant is rendered substantially
unusable because of damage resulting from fire, water, wind, or force majeure.
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 increment, notwith-
standing the occurrence of the rental abatement conditions during the subject
year.
EXECUTED IN DUPLICATE ORIGINALS this day of
1982, by the authorized representatives of the parties.
ATTEST: PLEASURE PIER ASSOCIATES, INC.
BY:
Secretary L. J. Cohen, President
-8-
ATTEST:
City Secretary CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF , 1982 BY:
J. BRUCE AYCOCK,
CITY ATTORNEY
BY:
Assistant City Attorney
APPROVED:
Assistant City Manager
Ernest M. Briones, Acting City Manager
Page 8 and Final,
Lease, T -Head Site, between City and Pleasure Pier Associates, Inc.
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3
• 1
Alert and Operation 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 established
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.
Hurricane Preparedness Plan of Barge'Restaurant
(1) When Civil Defense alert add 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 prpcess of being moved.
230-1- "Z 4
That the foregoing ordinance was read for the first time and passed to its
,
second reading on this the // day of , 19 th
fol 1 owi ng vote:
• Luther Jones
Betty •N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance 14, read for
third reading on this the .2 day o
following vote:
Luther Jones
Betty N. Turner .
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoipg prdinance read
on this the ,_,41 day of
passed to its
, by the
or the t ird time and passed finally
/ , by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Or. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the .74af day of
9
ATTEST:
Cit Secretary
AP1101/,ED:
/7'h DAY OF Fe75Proa...-/ , 1912 :
J. BRUCE AYCOCK, CITY ATTORNEY
ty Attornel -41
By
Assis
MAY
16905
THE C
OF CORPUS CHRISTI, TEXAS
•
PUBLISHER'S AFFIDAVIT 11V351 90
CITY OF 0.0
STATE OF TEXAS, }as;
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came. ..................
LORRAINE CORTEZ
who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK 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 NO. 16905,... ' 4
THE CORPUS CHRISTI CALLER-TIAS
of which the annexed is a true copy, was published in
on the 8th day of MARCH 19A 2.., and once eack daY.._ thereafter
consecutive (ILIZ
one Times.
$ 692.90 LORRAINE CORTEZ aga/24,2
ACCOUNTING CLERK
Subscribed and sworn to before me this lath day of MAR 19....B.2.._.
EUGENIA S. CORTEZ
Notary Public, Nueces' Cothty, Texas
4 4.
STATE OF TEXAS,
,County of Nueces.
}ss:
PUBLISHER'S AFFIDAVIT #V357729
CITY OF C.C.
o
Before me, the undersigned, a Notary Public, this day personally came.
LORRAINE CORTEZ who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK 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 OHDINANcE UN 6Eu010 hEADINuz...
TftE uOttPuS uHAIbTi CALLEK-rImEb
of which the annexed is a true copy, was published in
1 st mAtten
" on the ............ day of and once each day thereafter
consecutive
one
Times.
3 9 . 3 6
day
• .
LORRAINE CORTEZ AVUOZe„
itecountIng c.L.erIc
Subscribed and sworn to before me this 5 th day of MARCH
IMOBNIA_S..-llORatZ._
Notary Public, Nuec ty, Texas
1 1982
z .
STATE OF TEXAS,
County of Nueces.
}SS:
V352367 CITY OF 0. c.
. .11.3
PUBLISHER'S AFIFIENWIT4
/ 6 7o 3
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE CORTEZ who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK
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,..
THE CORPUS CHRISTI CALLER -TIMES
of which the annexed is a true copy, was published in ____ ............... ....... ...... .......—....—..
UARY 8 2 day
on the 22nd day of FEBR19. .., and once each thereafter for..._911.t...._......
day
consecutive
one
Times.
36.08
Subscribed and sworn to before me this
LORRAINE CORTEZ 614//eilint
-
=MING CLERKFEBRUARY
23rd day of
EUGENIA S. CORTEZ
9 82
Notary Public, Nuces C6nty, Texas
ir—••••rianniarawingt=f4
HURRICANE PRE-
PAREDNESS' 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 °fret-
tor,or his authorized repre-
.sentatIve.
(t-turrjoaaje preparedness
plat, oFbar urant)
I .
SAN1T TION: Garbage
and trash shall be stored
aboard the barge restaurant
craft or upon Ole People's
Street T -Head at a location
designated by the Marina ec1e*tr9STboge-or-4lath
Stored in areas designated
Open the If -Head shall be
Stored either m normal con-
tainers or durnpster type
t ootainers. Such containers
shall be stored inside a small
building, screened or appro•
priately landscaped area all
atSecond Party's expense as
approved by the Marina Di-
rector. The garbage contain-
er area shall.be landscaped
and maintained by the Sec-
ond Party. Garbage pickup
witI b
fort (5) e less than
IV. ek.
PARKING: Parking for
restaurant employees and
oup4ora09s-w441-be-00-the
stem.and head portion of the
People's Street T-Flead; pro-
vided, however, that such
areas shall not be for the ex-
clusive use of the Second
Party, its employees and
customers.
XV.
SANITARY SEWER: Op-
eration of sanitary sewer fa•
citifies shall be In accord-
ance with the Industrial
Waste. Ordinance No. 12896,
as amended: Maximum sani-
tary sewealats thee utde-
mised premi
station s ig2eXceed
20,000gal ions per day In the
event -the City has reason to
believe-fex-
ceed 20,000 gallons per day,
Second Party shall ibe re-
quired to install, at ts own
expense, a flow meter on the
line from the lease site to the
Iitt station. Such flow meter
590 be installed within thirty
(30) days after written notice
of sucN installation require-
ment ls sent by the City.
Shouldnhe results of the flow
meter indicate that the mop
gallons per day maximum is
exCeede e e Secdnd
Party gha alter the
operation the barge res-
taurant to keep the flow with-
in 20,000 gallons per day, or
shall; at Second party's ex -
end of ter-C-dy-approv-
al, cause Inc existing lift sta-
tion to•be modified for the
. reltr4T11,
NON-DISCRIMINATION
SeCond. Party. shall be r
sPelasIble for the fair and lus
treatment of ail lts employ
ees. Second Party warrants
that 995 and will continue td
be an equal opportunity em-
ployer and hereby covenants
that go employee or custom-
er shall be discriminated
against because of race,
creed, color, or national orl-
tn sY,1.°PlaCt ilt?nr
me-
diate termination of this
lease be the City.
INSPECTX101N": City per-
sonnel shall have the right to
eswer-opon-t-tre-Cen I sed
premises, Including the
barge restaurant craft, 81 811
limes, for purposes of any in-
spection, repair, fire or po-
lice action, and the enforce-
ment of this lease.
XVIII.
INDEPENDENT CON-
TRACTOR: It is further un-
derstood and agreed that
S'econd Party N and mall be
an tricti contractor
hereu der nd Party
shall e sufficient em-
ployees necessary for the op-
eration of said business,
which employees shall be
solely in the employ of the
Second Party,
xl
TERMINATION: Except
as otherwise provided here -
m, Gity may terminate this
lease whenever Second Par-
ty fails to comply with the
provisions and covenants
contained herein, and tails or
refuses to comply within w
reasonable time after receiv-
ing written notice 'of the vio
lation and recommended
Care t gil/, C4be-axj4artyas haert)
immediate comply with a
written order from the Ma-
rina Director to remove the
barge restaurant from the
00049 08.
XX.
NO.T-IGES,-Any-odaCes
Provided for under this lease
may be given, in writing, to
the City, by delivering or
mailing the notice to the Ma-
rina Director's office at P.O.
Box 9277; Corpus Christi,
Texas 73408, and to the Sec-
ond Party by delivering or
mailing the notice to Plea-
sure Piero Associates, Inc.,
Is°,fghar1104,
Texas,
XX.
MODIFICATIONS: No
changes or modifications to
the lease shall be made, nor
any provision waived, unless
in writing signed by a person
aNtNor.N.ad-to-s•ga-agree-
ments on behalf of each par-
ty.
XXII
purpose of increasing the lift .1
station capacity. DELINQUENCY: Second
' Party shall be deemed
The City warrants sewer ,„
quen and/or 'in
service from the lift station default,' H the City has not
only as long as electrical day
ser-
vice to the station is not dis- received Second Party's
monthly rental payment and
other hazards or colas- _
rupted by storm, accident or flnaotial statbe
e t on or -
fore,5
tenth
trophe. Standby power (00Wof the m the 10th day
erabe the.ttt 1901100 5 0019
of the mo falls on a week.
00018010 at reparation,
1104 or, a holiday, payment
of this it planned
and financing statement
by the C ntenance of . shall -be tendered on the first
the -sant ry sewer systeml business day thereat ter. In
from the lift "3tation to tlii /the -event of such dello-
sibHlt of the.
lease site shall Ist„e04,...uothe resrpotyn. ii2,4„....r.iuer" „....ami/t.it„optionrteror default, the.
_,,,_,,......xmlnate this lease after Sec-
ond. Party fails or refuses to
Ipay the amount due and/or
lisrovirle the -required I man-
cia I statement within five (5)
days after Inc CIty'has sent
ry oec.r c 1.1.41.1.1‘i n..q u a i.
Mien notice to Second Par -
n Cy '
.41..4
INDEMNITY. Se000d
a hold the CO), ess from
Party shaSI-frpify and
and aga)na claims, de-
mands, causes of action,
costs, attorneys fees, 1186111.
1105 of any nature whatsover
arising oat of this agree-
ment, the Second Party's
ust•-operattmr-rworgraxmcy
of the barge restaurant and
immedia)e, vicinity (includ-
ing conditions arising there-
from), whether such use, op-
eration or occupancy is
authorized or not, or from
any act or omission of Sec-
ond 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
Seco89010,nr) oParty, o 1.
does not d III ot in y
11 ce rrs,
y
way be resptaisibl able
for any of the, f inancial obli-
gations whin may be
curred.or-created by Second
Party, or its officers, agents,
or employees
'XXIV.
SIGNS AND LIGHTING:
No exterior sign's or lighting
or changes thereto shall be
installed upon or in the vicin-
ity of the barge restaurant
without the prior written ap-
proval of the City Manager.
Such bar restaurant shall
be pe en 1-
t ica) on 5990 hit
meet Ishall
909 +Jye condi-
ions.,
1) SignI H illuminated,
shall be either internally 11-
luminated or backlighted.
11 Sign Shall not exceed
Ntenty (20) square tear In
arta.'
31 Sign must be attached
9909 agathst the building
which it relates to and shall
not proiect more than eigh-
teen (11) inches from the
wall and, shall not extend
abo_ve the Neigh( of the build-
ing. I •
xkV: f
RENT .ABATEMENT:
The monthly rental will be
abated during the time that
the ba:Vl ases
busingrens) in
prepa t Orxh ent to
a safeorage
in accord -
.1 r-a.t.;_o n 10 , roorown-re n 1
ance with its hurricane pre-
paredness plan, (2) in prepa-
1 whenevbr, the City exercises
f Hs option under Paragraph
1 VI, or (3) whenever the
barge restaurant Is rendered
substantially utilisable be
cause of damage resulting
from tire, water, wind, o
- force majeure. Second Party
shall resume its barge res-
- taurant business operations
1 within a reasonable time at -
ter thre a c4 , ,e
ownesnro,
- longer
ap lic;t e
I the annua oss retcarpif
s
stated in Paragraph IV equal
or exceeds the applicable an-
nual minimum rental stated
in Paragraph IV, Second
Pa cj,y__spa.L1-pay-the-annua I
rental adjustment in-
crement,. nolwithstanding
the occurrence, of the rental
abatement conditions during
the sub -lett year.
- EXECUTED IN DUPLI-
1 CATE ORIGINALS this --
day of,----, 1982, by the
authoriled representatives
01 1110 parties.
ATTEST:
1,
. Secretary
....- PLEASURE PIER
0 ," AISOCMIES,,IN_C.
PI BY:
.1. Cohen, Pr
APPROVED:
--- DAY. OF
1982
ay.
Ernest M. Brionesi.
Acting City Manage!
J. BRUCE AYCOCK
CITY ATTORNEY
BY.
Assistant City Attorney
APPROVED:
t...ev
Assistali I
Al rt a)
Oper tio nditions
Civil betense
Ckly of
Cerpos Cl
Th.e4.,,eer
dicaling the various phases
of hurricane warnings will
be used:
Condition 5- An alert condi-
tion set annually on June 1,
which remains in effect
through November 30. This
condition indicates that the
hurricane season exists.
Condition 4- T ails of a
stormar hur' has been
fairly well hed to In-
dicated 51 Inc winds of
force within hours.
Condition 3- Movement of
storm or hurricane indicates
destructive winds of force
within 24 hours. Take prelim -
s01" precautionary mea -
&in oient of
storm or'hurricane indicates
destructive Winds of force
within la hours. Take pre-
cautioos to permit estab-
lishment of a state of read -
loess on short notice.
Condition. 1- Movement of
storm or hurricane indicates
destructive winds of force
;imminent. Establish a state
'of readiness and take pre -
ice ution r•-rntIst.kleanalie.
UR
)OF BARGE RESTAURANT
PREP Reatl.i.-EYS.--PCAN
,(11 When Civil Defense alert
Pnd operational condition
Jour (4) is -announced, con-
itZite Oog VPO'..av'ZI rl!re
made. Initial. preparations
regarding fdixf Spoilageand
securing loose obiects will be
made.
(2) When Civil Defense con-
dition' thipe (3) Is an•
nounced, thg barge will be
disconnected and tugged to
the inner harbor area to a
predesignated location.
(Several sites have already
been identified and 0181
contact wit ner adek.
131 At c (2) 915
anticipat d 1 arge
will already be moved or N
in ilia process of being
moved.
rhe City ="le Abe);
iecptRCsVexxon the
reyere.2
taka,:e,,,,:..4i-z.t. • i'L '
N intil.)
..., PASSAGE OF
• em.1,..ORDINANCE
NO. 16905 -•
• •
iAUTHORIZING THE
eLTY MANAGER TO EXE
t -
UTE A LEASE AMEND-
MENT WITH PLEASURE
,-PtER ASSOCIATES, INC.,
DBA, CAPTAIN BOOMERS,
PROVIDING FOR THE EX-
TENSION OF THE TERM
OF 9tHE LEASE FROM
,LYEAR NING THE
YEARS
THE XNT FIVE
IFTEEN
-31THi D OF OCTOBER,
1980, AND TERMINATING
THE 10TH DAY OF OCTO-
Vazah-41195,-ALLet-MA KING
PROVISIONS FOR A RE-
AfEW AND RE-
NEGOTIATION OF THE
GCURRENT RATE SCHED-
ULE AT THE END OF THE
,rNITI-AL FIVE-YEAR
'TERM OF THE LEASE,
9.77HE 10TH DAY OF OCTO
GE Itz 1 1,6 5, A SUB
S,TAN•TIAL COPY OF
WHICI-1 AMENDMENT IS
ATTACHED HERETO AND
MADE A PART HEREOF
,
MARK. Rt, IiitAIT "A".
ili BE i .7 MAINE D 0111
THE CI COUNCIL on
THE CITY OF CORPUS
.1 SECTION 1. That the CU,
CHRISTI, TEXAS:
ihtinzigem-boiaudJaels he rebt
iputnorszed to execute a least
-airiendment with Pleasure
- Pier iAssociates, Inc., dba
Captain Boomers, providing
for the extension of the term,
orthe lease from the current
five years to fifteen years,
beginning the lith day of 00-
„tober,•1980, and terrnmating
'Mlle 101 of October, 1995,
Ikclayoz
and ma ing reioantoforrol
review a
the curre ate schedule at
-the' end of the initial f we-
-'year term of the lease, the
,10411 day of October, 1985, a
'Abstantial copy of which
- amendnients attached here-
aild made a ?art hereof,
4118,' • T -HEAD SITE
.iitHE,STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL MEN
BY THESE PRESENTS:
This amended agreement
is made and entered into this
the --- day of February,
,4982 by and between the City
of Corpus hristi, Texas a
thnafter ", and , here-
„menicipal cor
liPleasure -Rte Associates,
Inc, hereinafter called "Sec -
and Party", whose principal
office and place of business
N. in the City of Corpus
Nueces County,
in,•consideration of
econd Party's faithful per-
Pemance of the covenants
IlifcrIbed herein, leases to
,Shand Party a certain dock-
side •ia rga in the Corpus
Christi Marina upon these
'tern*
so..i1 I.
DEMISED PREMISES:
Clty hereby leases to Second
Rarly the following: Suf-
ficient berthing space on the
portly side of the People's
Street T•Head to accomodate
tale te'52t=egeannicsi rael
-5
mbre tulty shown on the
100
VcIr..;te..x.ee.,..eby ret -
0e
tino-ravr'
'PtRM1TTED USE. The
deMiSed premises shall be
izSed• solely as a restaurrahnet
e twin bar. Thesbearosnhray1.1 be a
gicgeds5s riipejr a ia n
'eqnfined to ,a g
is hlerrsteood that
(09
8* 09 11 d 'n not constitute
o eco
"'15 leas 5585 S ndhePamrtey.
Me gran ing
ote,lana,erxectsSintlo oper-
‘
rInzr area.
krTERM: The term 08..m..
" WS
lease shall be for a period t
1151 years, oc.
i:Iiirir:19:30 and
h teth 8187 09 October
789.4,d tnriersivn7oinnpearratger_rampt
RENTAL: Second Party
shall pay 10 1818 City as rental
for the -above described
premises the belew_listed
precentage bbthe annual
gross receipts for the barge
restaurant, or the below list-
ed minimum annual amount,
whichezte re r:
0.36 'month . r $6,000
(000/mon
37-60 months 01.5% or 58,400
(8700/month)
This rental shall be paid in
A eitlepovnIrraenntal *Install-
ments. The minimum annual
rental 0010009 85011 be paid
M the below listed monthly
rental Installments:
0-36 months 1500
37-60 months 8700
The first monthly rental in-
stallment shall be due and
Payable on or before the
tenth (1015) day of the month
next following the month, or
portion thereof In which the
resteure trst ens for
business. 0 t month-
ly rental i II nts shall
be due and payable on or be-
fore the tenth (10(5) day of
each calendar month •
10.--Annuel-rentat-adtlist-
ment Increment. If the appli•
cable percentage of the an-
, nual gross receipts exceeds
9, the appllcable minimum an-
t nual rental, Second Party
Mali pay the additional
amount owed to the City as
the annual rental adjustment
increment This additional
amount shall be due and Pay-
able on or before the first
day of May of the following
MONTHLY FINANCIAL
S La.1.E.MrE N-T-Sz—Seocritd
Party shall keep strict and
,accurate books account of all
,receipts collected. Second
:Party agrees to furnish City
Fertified monthly statements
of gross receipts Remain
[attnin.c11,vic-un-
II ; 7:g:iff's Wiell
,be formulated according to
'currently accepted account -
09 electricity, natural gas, and
Mg pro ures and in a form
prescr be -the City's 01 -
rector o e. The said
books of account shall be
open for inspection by the,
City at all times
ALTERNAVT6 SITE The
City covenants to the Second
pressly provided in this
11:79.ttele-'5"ocation, except as ex81
agoeement. The City re-
seryes the right and power to
substitute an alternate site
by giving Second Party two
(2) years written notice of ifs
intentlon to exercise such
right end power.
. LESSEEVikESPONSI-
BILITIES: Second Party (as
Lessee) shall be responsible
for M wing:
and 'us a fatties, in-
stallation
eluding, but not limited to,
water, sewer, sanitation,
ritr5Eotance with all
federal, state, and local
laws, ordinances, ruleS,
-tnd/or regulations, as
-5mended, including, but not
limited to, Chapter 12 08 the
Fur of !Corpus -ChifistlICode
of Ordinances and the Ma -
Tina Ryles and Regulations.
9- (c) A 1 emp oyees snan
covered by Worker's eom
pensation insurancenrapPli-
cable, carried at the expense
of Second Party. Second Par.
fere
bat enable ad-
ty shall, a0ererry at its own
Mona! i ranee, if any, as
1 may be deemed necessary
i y the City Attorn fe in!
1 15=1=TI itye.Y r I-
t(d) Obtain and carry a pol-
cy of public liability insur-
, ance upon the said demised
' premises and' barge restau-
ant craft, by terms of which
i the City shall be an addition.
1 al named Insured Such pol-
y shall Include coverage
yeas for poisoning or illness from
All renc-910 be paid to,y food or drink, in the amount
the City 'of Corpus Christ,l of Five Hundred Thousand
Collection Section at 321 N.,: Dollars (8500,000 001 for bod-
Mesquite Street or to P.O., ily Injury or depth for any
Box 0277, Corpus Christi, ctenuenriorecdc int osecltezridanDclegn
eces rse
NuCounty, Texas. c__Th.....b....„re_m
y- ($100.000. for a claim of
moot schedule will rematn in property daMage. The City
effect for the Initial five )S1185h011 be furnished a certified
ends October 10, 1985, At this
year term of this lease which Co
' -suranc1714",'TrilliceY
time the rate schedule will ,cOmmencement of the lease
be reviewed in light of then term. Said policy shall in -
current economic devel- Slude a provision that the
opments and 901' co m- policy may not be canCelled
pension with similar rental ir terminated until City has
schedules then in effect, and teen given thirty (30) d.y,
the appropriate changes will vritten notice of such cancel -
be negotiated as needed. If a then,
rental pay nt agreernent (e) Maintaining Me barge
between fh s is not sstaurant, mooring lines,
reached , e ber 10, Mds, pilings fr,dp/aeoir„ateinss.-
1985, this lease shall be om--lor
4):Vr'
siderite_ d terrnhlatte" 4cto
he Marina Di -
If ) -Raising the barge res-
taurant in The event it sinks
regardtete of thelajjse of I
' r..kli.' 9 9#'.• 41 f 1
vut-Reill5VIng the barge
restaurant from the Marina
in the .00009 of extensive
damage, destruction, sink-
ing, or partial sinking, re
gardless of Cause.
(h) Ensuring that no pollu•
tent, effluent, liquid or solid
•waste materiel, bilgewater,
litter, 'trash, or garbage Is-
sues from the barge restau-
[lowed to
collect rs of the
rant p
City Mari r in e vicinity
of Inc barge restaurant or
parking areas uhliZed by
restaurant customers or ern-
'ployeei. It shall be the duty
09 900 Second Party to regu-
lasik.potice.hiavicInIty-oleho
barge, restaurant for such
:materials and clean up and
remove such materials 001' -
der to maintain the clean-
liness and attractiveness of
the City Marina. •
!level issuing from the barge
(11 Ensuring that the 90150
restaurant 40011 be reason.
`able and shall not be dis-
'cernibly audible to a person
'of normal hearing sensitivity
standing along the east curb
line of Neategline
Boulevard I or
he same di ated
alternately as In VI above.
(0 Filing a certified
monthly financial statement
arcreallbad in Paragraph -1/
on or before the tenth day of
each month, and al the same
time paying etty the rental
amount' described :
(lilin Para-
CraPhlRegularly insPechn9
and maintaining firefighting
systems and equipment in
the highest degree of read-
iness, and regularly training
employees In fire prevention
and emergency procedures.
)Second51,(08)gP4PYeniVe .1'n'In1redb
°Ptieryn
ec..
with the said barge restau-
rant business.
IMPROVEMENTSNo
alterations shall be made to
es
the Marina facilitiwithou
the prior written approval o
the City. All improvements
addltionl, or alterations
made bif the Second Partil,
:
impeottesnantat-addthons-0
VIII.
will comply ixwith all City,
Codes and shall become the
property. of the City,
W REPAIRS: Maior repairs,
aos,ree.r.,ordelermined by the Marina
80 800 baroefes ant While
located, within the demised
i premises. However, reason
able miner maintelianCe will
he -authorized within -the de-
mised premises.
REST5A1121171eLrOanPtEoftp_-
ATION: The re
eratlon shall be carried out
by the Second Party In a
business like manner at all
timet. The hours and days of
operation throughout this
lease shall be coMparable tO
those of other restaurants In
the City whicxhiplace empha-
sis_.
AuszNiumniraT joch and eRvesnumug
meals.
LEASE-Seatrr Party may
net assign this lease nor sub••
)' part thereof without the prl-
leerase, the premises nOr any e
LNOTICE OF- '• ,;
PASSAGE OF „..;,44
IORDINANCEON I
, SECOND REAUING 1
I AUTHORIZING THE;
' CITY. 8,1ANAGER TO EXE-'
, CUTE it:LEASE AGREE-,
MENT WITH PLEASURE1
. PIER ASSOCIATES, INC.,'
'DBA CAPTAIN BOOMERS,
.
PR0VIDII5G0R THE -
[TENSION OF THE TERM
OF TI.lEALASE FROMI
THE C4tRENT FIVE
I YEA,RS 0 FIFTEEN
Y AR , BEGINNING THE
,11TH DA OF OCTOBER,
1980, AND TERMINATING,
'THE 10TH DAY OF OCTO-
BER--4995rinarIMAKING
,PROVISIONS FOR A RE-
VIEW AND RE-'
1 NEGOTIATION (OF THE
CURRENT RATE-SCHED-
, ULE AT THE END OF THE
IINITIAL FIVE-YEAR
I TERM OF THE LEASE,1
1 THE 10THrY OF OCTO-;
eBER 1985, SOBSTANTIAL,
'COPY OF; . 1,....,;...1,1 H AMEND-
,MENT‘, —TACHED;
' HERE 0 AND MADE A'
'PART ele ,c)F, MARKED
EXHIBIT "-A '.
, Was passed on second
reading by the City Council
pf the City of Corpbs Christi/Texas on the 24111 day of Febi
)•uary, 1982, previously alt.!
prayed -on -first -reading or
February 17, 1982. The fug
text o0--aaid ordinance is,
evailable to the public in the
office IR,Itittygecretary. 1
e- il G Read
City Secretaryj
CorguichrAtl, Texas,
• ' ''• NOTICE OF— --7.:74?
— PASSAGE OF-. 9.
, . ORDINANCE ON '1
' FIRST'READING '
AUTHORIZING THE CITY
MANAGER TO EXECUTE
A•LEASE AMENDMENT'.
1, WITH PLEASURE PIER
ASSOCIA, i
, INC., DBA
CAPTAIN OOME RS, pPRO-
VIDING R THE EXTEN-
SION OF THE TERM OF
THE LEASE FROM THE
r CURRENT FIVE YEARS
TO FIFTEEN YEARS, BE-
GINNING THE 11TH DAY
OF OCTOBER, 1980, AND
TERMINATING THE 10TH ,
DAY OF OCTOBER 1995, 1
AND MAK I NG-.191810V1-
SIONS FOR A REVIEW ,
, AND RENEGOTIATION OF
THE CURRENT RATE'
SCHEDULE AT THE END
1 OF THE INITIAL FIVE-,
• YEAR TERM OF THE
LEASE, THE 10TH DAY OF
OCTOBER 1985, A SUB-
STANTIAL COPY OF
1 WHICH AMENDMENT IS
I ATTACHED HERETO AND
I MADE A PART HEREOF,
' MARKED EXHIBIT "A".
I Was passern thtst read- ,
' ing by the CI ygi.InCil 09 1911 ,
' City of Corp ristl, Texas '
on the 17th day of February, '
' 1982. The lull text of said or-
dinance Is available to the
' public .1n-the-OffIce of the ,
City Secretary.
r "'k '''' ;gy-iTti eta ;
rY,
G Read.
.....,,, corau§oriokaasi
t,••
IKAVISAMierizit
•
iC,Z.L.reeTRIFerf!'l
...4=4*w' •
q/11166""
136)2;414%,c,
612 j'ird°1r