HomeMy WebLinkAbout17433 ORD - 01/12/1983AN ORDINANCE
- AUTHORIZING A FIVE-YEAR LEASE AGREEMENT WITH RUBEN V.
LARA FOR CONCESSION RIGHTS FOR THE L -HEAD BAIT STAND.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute a
five-year lease agreement with Ruben V. Lara for concession rights for the
L -Head Bait Stand, all as more fully set forth in the agreement, a
substantial copy of which is attached hereto and made a part hereof marked
Exhibit "A."
SEP 2 81.984
MICROFILMED
174413
LEASE AGREEMENT
'THE STATE OF TEXAS §
COUNTY OF NUECES 5
That this Agreement, made and entered into by and between the City
of Corpus Christi, a municipal corporation and body politic, operating under
the home rule statutes of the State of Texas, located in Nueces County,
Texas, hereinafter called "City", and Ruben V. Lara, hereinafter called
"Lessee":
WHEREAS, the Lessee has requested the use of a 25' x 31.5' shed
including sink, sales counter, and bait well, located over the water on the
northwest corner of the L -Head within the City of Corpus Christi, Nueces
County, Texas; and
WHEREAS, the Lessee desires the privilege of using the above
described area for the specific purposes herein listed, as follows:
(1) To sell live and dead bait;
(2) To sell fishing equipment related to the bait business;
(3) To sell wrapped food, soft drinks, chips, candies, wrapped
snacks, and ice;
(4) The shed may also be used for cleaning fish and heading
shrimp; however, no waste from same (fish heads and entrails
and shrimp heads) shall be allowed to enter the water.
The leased areas shall be used for the above listed privileges and
for no other purposes.
NOW, THEREFORE, WITNESS THIS AGREEMENT that for and in
consideration of the premises and covenants, agreements and stipulations
herein contained and set forth, the following permit is issued and agreement
is hereby entered into:
That the City of Corpus Christi hereby grants to Lessee the use of
the property described, for the specific purposes heretofore enumerated, and
such privilege is granted for a period of five (5) years for the use of the
described property, said use to begin thirty (30) days after execution of
this agreement.
II.
For and in consideration of the rights and privileges herein
granted, Lessee hereby agrees to pay City twenty-two percent (22%) of each
month's gross sales derived from said concessions, or three hundred dollars
($300.00) whichever is greater, said payment being due and payable at the
office of the Collection Section of the Finance Department, P.O. Box 9277,
319 N. Mesquite, Corpus Christi, Texas, 78408, on or before the tenth day of
the following month during the term of this agreement.
III.
Lessee hereby agrees to furnish to the Director of Finance a
certified monthly statement of gross revenues, including the profits from
subcontracts, on or before the tenth day of each month during the term of
this agreement. Lessee shall install and keep an adequate system of
bookkeeping to be approved by the Director of Finance of the City, which
books will be available for inspection, audit and copying by the Director,
his duly authorized agents and representatives, during normal business hours.
All necessary forms shall be prescribed and approved by the Director of
Finance.
IV.
The City retains the right at any time to cancel this agreement
upon sixty (60) days written notice to Lessee and a ten-day written notice
for cause or non-compliance with the provisions stated in this contract.
V.
Lessee shall not assign nor convey any of the rights herein granted
without the written approval of City first being obtained.
VI.
The Lessee shall be responsible for the following:
(A) Compliance with all City health regulations and ordinances of
the City of Corpus Christi as they affect the concession operation.
(B) Workmen's Compensation Insurance and approved Public Liability
Insurance, including poisoning or illness from food or drink in the amount of
$100/300,000; $10/50,000 property damage insurance and indemnification of the
City against all claims resulting from the operation of the concessionaire,
his agents, servants, employees and assigns.
(C) Posting in a conspicuous place at every location where
merchandise is sold, a schedule of prices which are not in excess of those
charged under similar conditions elsewhere in the City. If the Lessee
desires to sell any item other than those listed herein he must first receive
the approval of the Marina Superintendent.
2
(D) Maintaining a clean and neat operation within the concession
area and properly disposing of any debris or refuse resulting from operation
of said concession.
(E) Electricity used by Lessee will be provided by the City at no
cost to Lessee, except that air conditioning equipment and service is to be
at Lessee's expense.
VII.
It is further understood and agreed that the Lessee is and shall be
an independent contractor hereunder, and that in his use and enjoyment of the
premises he will indemnify and save harmless the City from any and all claims
or losses that may result to the City from any neglect or misconduct on the
part of the Lessee, his agents, servants, employees, and assigns, and shall
in all ways hold the City harmless from same.
VIII.
It is further understood and agreed that the Lessee shall not make
alterations, additions, or improvements to said building, without prior
written consent of the City. Minimum hours of operation on the bait stand
shall be from 5:00 a.m. to 11:00 p.m. every day of the year and from 11:00
p.m. to 5:00 a.m. on all nights unless the temperature is below 32° F., small
craft and hurricane warnings are posted or a severe weather alert prevents
operations. All alterations, improvements, and additions made by Lessee upon
said building, although at his own cost and expense, shall if not removed by
Lessee at any termination hereof become the property of the City in fee
simple without any other action or process of law.
IX.
It is further understood and agreed that Lessee shall not place,
paint, or otherwise affix any signs at, on or about the property, or any part
thereof, except as and where first approved in writing by the Marina
Division. The Marina Division shall have the right at any time to require
Lessee to remove, paint or repair any of the signs allowed. Should Lessee
not remove, paint or repair said signs within ten (10) days of demand thereof
in writing, the Marina Division may fulfill its demands and charge the
expense of same to Lessee.
3
X.
It is further understood and agreed that the Lessee shall not place
ice -making machine, iceboxes, or storage boxes in or around the leased
premises without prior written approval of the Marina Superintendent.
XI.
It is further understood and agreed that City will maintain the
buildings and utility lines serving same and that Lessee will maintain the
interior of the buildings, including painting and light fixtures.
XII.
It is further understood and agreed that the minimum monthly rental
for said leased premises will be refunded on a pro rata basis based on the
ratio of the number of days unusable to a thirty -day month when the buildings
are rendered unusable because of damage resulting from fire, water or wind.
XIII.
It is further understood and agreed that Lessee has the option, at
an additional cost, to rent the two boat slips immediately north of the bait
shed for the purpose of berthing Lessee's shrimp boat or boats. The slips
will be regulated in the same manner and according to the policies that apply
to all other slips in the Marina.
XIV.
It is further understood and agreed that Lessee shall not rent or
attempt to rent the premises and boat slips or any part thereof without the
written consent of the City.
XV.
It is further understood and agreed that the failure of Lessee to
comply with any of the terms herein provided shall authorize City, or its
agents, at the City's option, to cancel this agreement and repossess the
premises described herein. In the event any legal action is undertaken by
City to collect the rental due hereunder, to collect any damage growing out
of this lease, or to in any way enforce the provisions of the lease, ten
percent (10%) of this amount of such recovery shall be added to cover the
expense of such action, said ten percent (10%) to be in addition to any court
costs.
4
Lessee will incur no debts or obligations on the credit of City of
Corpus Christi.
WITNESS OUT HANDS at Corpus Christi, Texas, this the day of
, 19
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
BY
City Secretary Edward A. Martin, City Manager
APPROVED: DAY OF , 1982
J. BRUCE AYCOCK, CITY ATTORNEY APPROVED:
By
Assistant City Attorney Assistant City Manager
CITY
Ruben V. Lara
LESSEE
5
That the foregoing ordinance ora read for r.:e,firs time elai passed to its
second reading on this the g day o�%G�19 d/–.1 , by the
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 ordinance was read for t second time apassed to its
third reading on this the /5— day of 19 , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles 14. Kennedy
Cliff Zarsky
That the foregoing ordinance wa ead for the 'nig time and passed finally
on this the Ag day of
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr. •
Dr. Charles 11. Kennedy
Cliff-Zarsky
PASSED AND APPROVED, this the 4 ' day of
ATTEST_
, 19 , by the following vote:
APPROVED:
JO DAY OFeLAPAA...dek4/ 19,E
J. BRUCE-4YCOCK CITY ATTORNEY
By
Assistant
Ci
orney
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
1' 4133
NOTICE'OF PASSAGE i
OF ORDINANCE
ON FIRST READING
UTHORIZING A
RIVE-YEAR LEASE
EN. RE VPAT RIAH RUB-
FOR
CONCESSION RIGHTS
FOR THE L-HEAD BAIT
STAND.
Was passed on first read-
ing by the City Council of
the City of Corpus Christi,
Texas on he daY of
December, 1982. The full
text of said ordinance Is
available to the public In
the Office of the City Secre-
tary. -s-Bill G. Read
City Secretary
Corpus CTexe,
".UlL1yGJ5;;
r Ne
F
STATE OP TEXAS,
County of Nueces.
PUBLISHER'S AFFIDAVIT
}ss:
CITY OF CORPUS CHRISTI
#21851
/7133
Before me, the undersigned, a Notary Public this day personally tame.._...._.
ANNA GARZA ., who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus ChristiThn s,
Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING A FIVE......
of which the annexed is a true copy,CORPUS CHRISTI CALLER -TIMES
was published in
on the 13 day �_ DECEMBER 19 83 and once each DAYYW . thereafter ONE
consecutive
DAY
_._
ONE Times.
20.70 • ANNA GARZA
*-` —'� ACCT CLERK
Subfcribed and sworn to before me this ._17th
EUGENIA S. CORTEZ
FEBRUARY
V Pulic, Nueces County, Tex
NOTICE 0
OF ORDINANC
ON SECOND READING
AUTHORIZING
FIVE-YER LEASE
AGREEMENT WITH RUB•
(EN V. LARA • FOR
CONCESSION RIGHTS
FOR THE L HEAD BAIT
STAND.
Was passed on second
reading by the City Council
of the City of Corpus Chris-
ti, Texas on the 15th day of
December, 1982, previously
approved on first reading o6
the 8th day of December,
1982. The full text of said
ordinance Is available to the
public intheOffice of the
City •s-BIII G. Read
' ,7;1 •• lty ecretary,
ed t -V ` -5orT1 GlYIs1L
"1 ...r W� ac
PUBLISHER'S AFFIDAVV
STATE OF TEXAS, l,:
County of Nueces. f
#23951
CITY OF CORPUS CHRISTI
9 33
Before me, the undersigned, a Notary Public. this day personally came_.._._.
ANNA GARZA who being first duly sworn, according to law. says that he is the
ACCOUNTING CLERK _ of the Corpus Christi Caller and The Corpus Chrisllmea,
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 AUTHORIZING A FIVE
of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES
on the 2° ... day of__ DECEMBER 1982.., and once each. DAY thereafter for ONE
consecutive. _..DA y.
ONE _Times.
ANNA GARZA
ACCT CLERK
Subfcribed and sworn to before me this .. 9th .._day
EUGENIA S. CORTEZ •
FEBRUARY
1,283
Notary . iic, Nueces County, T