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HomeMy WebLinkAbout18066 ORD - 02/01/1984AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE FIVE-YEAR LEASE AGREEMENT WITH RUBEN V. LARA FOR CONCESSION RIGHTS FOR THE L -HEAD BAIT STAND WHICH WILL ALLOW THE LESSEE TO SELL CERTAIN ADDITIONAL ITEMS AND MODIFY THE MINIMUM HOURS OF OPERATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute an amendment to the five-year lease agreement with Ruben V. Lara for concession rights for the L -Head Bait Stand, which will allow the lessee to sell certain additional items and modify the minimum hours of operation, 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." .a3VunranNOM SCP 2Rioaq 3.8066 THE STATE OF TEXAS § COUNTY OF NUECES § LEASE AGREEMENT KNOW ALL BY THESE PRESENTS: 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"; W ITNESSET H: 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 or rent fishing equipment related to the bait business; (3) To sell wrapped food, soft drinks, chips, candies, wrapped snacks, and ice; (4) To sell, with the approval of the Marina Superintendent, hot food to go, including boiled shrimp and crab and fried fish and chips; and beer for off premises consumption on a trial basis with the City maintaining the option to cancel this right should problems arise as a result of the beer sales. (5) 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 waters of the Marina. The leased areas shall be used for the above listed privileges and for no other purposes. NOW, THEREFORE, for and in consideration of the premises and covenants, agreements and stipulations herein contained and set forth, the parties hereto agree as follows: I. That the City hereby grants to Lessee the use of the property above described, for the specific purposes heretofore enumerated, and such privilege is granted for a period of five (5) years, said use to begin thirty (30) days after execution of this Agreement. -1- 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 Collections Section of the Finance Department, 319 N. Mesquite, P.O. Box 9277, Corpus Christi, Texas, 78469, on or before the tenth day of each following month during the term of this Agreement. Lessee hereby agrees to furnish to the City's 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 said 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 upon ten (10) days written notice for cause or non-compliance with the provisions stated in this Agreement. 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, including obtaining required permits and installation of required equipment of the City as they affect the concession operation. (B) Worker's Compensation Insurance and approved Comprehensive General Liability Insurance, including liability for poisoning or illness from food or drink, in the amounts of $100,000 for bodily injury or death per person, $300,000 for bodily injury or death per occurrence, and $50,000 for property damage. (C) Indemnifying the City, its officers and employees, from any and all claims, losses, liabilities, lawsuits, demands and expenses, including court costs, attorneys' fees and the fees and expenses of expert consultants, which may arise or which may be alleged to have arisen from Lessee's activities hereunder. -2- (0) 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 City's Marina Superintendent. (E) Maintaining a clean and neat operation within the leased area and properly disposing of any debris or refuse resulting from operation of said premises. (F) 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 not an employee, agent or servant of the City. 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. Hours of operation shall be as follows: Winter Hours (December, January, February) Monday - Closed Tusday through Sunday - 6:00 a.m. to 9:00 p.m. Normal Hours (March, April, May, June, July, August, September, October, and November) Monday - Closed Tuesday - 6:00 a.m. to 10:00 p.m. Wednesday - 6:00 a.m. to 10:00 p.m. Thursday - 6:00 a.m. to 10:00 p.m. Friday - 6:00 a.m. to 12:00 p.m. (Midnight) Saturday - 12:01 a.m. to 12:00 p.m. (Midnight) Sunday - 12:01 a.m. to 6:00 p.m. (Continuous operations from 6:00 a.m. on Friday to 6:00 p.m. on Sunday) The hours of operation on the bait stand shall be strictly complied with, unless the temperature is below 32° F., small craft and hurricane warnings are posted, or a severe weather alert prevents operations. Other closings require the written consent of the City's Marina Superintendent. 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. -3- 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 City's Marina Superintendent. The City 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 City may fulfill its demands and charge the expense of same to Lessee. 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 building 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 sublet, or attempt to rent or sublet, the premises and boat slips or any part thereof without the prior 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%) -4- of the 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. XVI. Lessee agrees to incur no debts or obligations on the credit of City. WITNESS OUR HANDS at Corpus Christi, Texas, this the day of , 1984, in duplicate originals, both of equal force and effect.. ATTEST: CITY OF CORPUS CHRISTI, TEXAS BY City Secretary Edward A. Martin, City Manager APPROVED: January 18, 1984 J. BRUCE AYCOCK, CITY ATTORNEY APPROVED: By •[_yrr . I."".� Assistant City Attorney ssistant tty 'anag — LESSEE Ruben V. Lara -5- That the foregoing ordinanceiak read for e first time and d to'its second reading on this the day of �. , 19 51rse, by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance ead for th second time and a ed to its third reading on this the day of , 19 , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero That the fo go ng ordina on this the day of Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Joe McComb Frank Mendez Mary Pat Slavik Kennedy wa read for th�,jrhird time and passed finally , 19 , by the following vote: PASSED AND APPROVED, this the /4/ ATTEST: �/��w City r AJARDVED: JJ�°ff�z--DAY OF 19L J. BRUCE A COCK, CIT ATTORNEY By Ass :nt y Attorney erbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik day of .G lfil , 19,v. MAYO THE CITY OF CORPUS CHRISTI, TEXAS 180C 6 STATE OF TEXAS, County of Nueces. )88. PUBLISHER'S AFFIDAVIT Before me, the undersigned,a Notary Public, this day personally came GRACIE DE LUNA , who being first duly sworn, according to law, says that he is the ADM. ASST. SECRETARY of the Corpus Christi Caller and The Corpus Christi Times, AD#23919 City of C.C. /866 co 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... of which the annexed is a true copy, was published in CALLER -TIMES PUBL. CO. �^ - on the 30th day of January 19.84.., and once each day thereafter day consecutive .Aiia Times. $ 26.73 GRACIE DE LUNA Adm. Asst. Sec. Subscribed and sworn to before me this 3.1.s t da of J.anuasy 19 .8.4.. Nom_ _ _ . •-Q Notary Public, uecea ounty, Texas EDNA KOSTER } N St OF -SECONOMIEA! k'tYTHOR IZ ING•-: • NI kMENDMENT TO .THE FIVE-YEAR LEASE AGREEMENT WITH RUB- --V.` LARA FOR NCESSION RIGHTS FOR ,THE L -HEAD BAIT STAND WHICH WILL AL- LOW 'THE LESSEE TO SELL CERTAIN ADDI- TIONAL ITEMS ANO MODIFY THE MINIMUM HOURS OF OPERATION. ,Wes passed on second needing by the City Council of the City of Corpus Chrls- tYTexds,on the 25th day of ,nubry,,19M. The full text of Wtd'ordlnance Is avell- able to' the public In the fifflee,o£ the Csty0S' GeRead f a Y — City Secretary --Car pus Christi, Texas Fr ? STATE OF TEXAS, County of Nueces. s: PUBLISHER'S AFFIDAVIT AD#14095 /City of C.C. 70< Before me, the undersigned, a Notary Public, this day personally came. GRACIE DE LUNA , who being first duly sworn, according to law, says that he is the ADM. ASST. SECRETARY 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 FIR$T,_i2BAuTJa,_:1, of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING CO. on the day of. 23rd January 1984., and once each. da..Y.._.......thereafter ......_......_._..__... consecutive day One Times. 26.73 GRACIE DE LUNA >Q/.aetz, t.Adm. Asst. Sec. Subscribed and sworn to before me this... 6.th day of Januazy 19 E1.4.. Notary Public, Nueces County, Texas EDNA KOSTER QTItE OFSAGE „1P OI ORDINANCE ON FIRST READING AUTHORIZ NG AN AMENDMENT TO THE FIVE-YEAR LEASE AGREEMENT WITH RUB, EN V. LARA FOR CONCESSION RIGHTS' FOR THE L-HEAD BAIT' STAND WHICH WILL AL, LOW THE LESSEE TO SELL CERTAIN ADDI, TIONAL ITEMS AND, MODIFY THE MINIMUM HOURS OF OPERATION. , Was passed and approved, by the City Council of the City of Corpus Christi, Tex- as ort the 18th day of January, 1984. The full text of said ordinance Is avail- able to the public In the Office of the City Secretary. , •s-Bill G. Read City Secretary Corpus Christi, Te8,84 ,