Loading...
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