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 ,