Loading...
HomeMy WebLinkAbout18198 ORD - 04/25/1984TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE WITH THE CORPUS CHRISTI YACHT CLUB FOR PIERS L AND M. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be authorized agreement with the Corpus Christi Yacht Club for the use of term of 10 years, all as more fully set forth in the substantial copy of which is attached hereto and made a Exhibit "A", and determining that the investment proposed Corpus Christi Yacht Club relates reasonably to the value lease. Sip 2 A ICA 18 to execute a lease Piers L and M for a lease agreement, a part hereof, marked to be made by the and length of said PIER LEASE BETWEEN THE CITY OF CORPUS CHRISTI and CORPUS CHRISTI YACHT CLUB THE STATE OF TEXAS § COUNTY OF NUECES § FOR AND IN CONSIDERATION of the undertakings, covenants and conditions herein expressed, the City of Corpus Christi, a municipal corporation and home rule city under the laws of Texas, hereinafter called "City", acting by and through its duly authorized City Manager, hereby leases to the Corpus Christi Yacht Club, a Texas nonprofit corporation, hereinafter called "Yacht Club", certain property under the following terms and conditions: KNOW ALL BY THESE PRESENTS: The City leases unto the Yacht Club and the Yacht Club leases from the City, that certain portion of the bayfront of the City of Corpus Christi, Texas, described as follows: A. Existing Finger Pier "L", located in the South middle basin of the Corpus Christi Marina, at the NE corner of the Yacht Club's property. Beginning at a point 25 feet from the NE corner of the Corpus Christi Yacht Club Tract as described in deed recorded in Volume 887, pages 358-364, Deed Records of Nueces County, Texas; THENCE northerly for the length of the pier, having an approximate distance of 398 feet; THENCE easterly along the end edge of the pier, having an approximate distance of 123 feet; THENCE southerly for the length of the pier, having an approximate distance of 423 feet; THENCE westerly for an approximate distance of 101 feet; THENCE northerly for an approximate distance of 34 feet to the place of beginning. Being the area known as the L -head finger "L" shown on the plat attached as Exhibit "1", including the space adjacent to such pier intended for use for the mooring of pleasure boats only, a total of 40,986 square feet. B. Existing Pier "M" located in the Corpus Christi Marina South Middle Basin at the north side of the Yacht Club's property. Starting at a point 118 feet from the east edge of the seawall bottom step, measuring along the Yacht Club's north concrete bulkhead, then outboard for a distance of 78 feet where pier connects to the existing catwalk. Beginning at this point, westerly for a distance of 30 feet; THENCE northerly for the length of the pier and outbound slips for a distance of 188 feet; THENCE easterly for a distance of 66 feet; THENCE southerly for the length of the pier, having a distance of 188 feet; THENCE westerly for a distance of 36 feet to the point of beginning. BEING the area known as the L -head Finger Pier "M" shown on the plat attached as Exhibit "1", including the space adjacent to such pier intended for use for the mooring of pleasure boats only, a total of 12,408 square feet. C. An area for the Pier "M" Extension proposed herein located in the Corpus Christi Marina South Middle Basin at the north side of the Yacht Club's property. Starting at a point 118 feet from the east edge of the seawall bottom step, measuring along the Yacht Club's north concrete bulkhead, then outboard for a distance of 266 feet along the existing pier and catwalk. Beginning at this point, westerly for a distance of 30 feet; THENCE northerly for a partial length of the pier and outbound slips for a distance of 102.5 feet; THENCE westerly for a distance of 17 feet; THENCE northerly for a distance of 84 feet; THENCE easterly for a distance of 112 feet; THENCE southerly for a distance of 84 feet; 2 L. THENCE westerly for a distance of 17 feet; THENCE southerly for a distance of 102.5 feet; THENCE westerly for a distance of 36 feet to the point of beginning. Being the area known as the L -Head Finger Pier "M" shown on the plat attached as Exhibit "1", including the space adjacent to such pier intended for use for the mooring of pleasure boats only, a total of 17,403 square feet. II A. The Yacht Club shall construct a Pier "M" Extension according to plans and specifications to be approved by the City and generally consistent with the quality of construction contained in Pier "L" and present slips on Pier "M". The Pier "M" Extension shall contain no less than 22 additional slips according to Exhibit "1". Such construction will be diligently pursued by the Yacht Club and said Pier "M" Extension shall become the property of the City upon completion and acceptance by the City. B. The Yacht Club agrees to pay monthly in advance to the City as rental for the existing Piers "L" and "M" during the term of this lease, one hundred ten (110%) percent of the established square footage rate for pleasure craft for the total square footage comprising the existing Piers "L" and "M", including the 1,920 square foot portion of the lease area for the proposed Pier "M" Extension which is currently being utilized as boatslips as of the date of this lease. III This lease shall commence on the first day of the second calendar month after completion of construction and acceptance of Pier "M" Extension but in no event later than November 25, 1984, and shall extend for a term of ten (10) years thereafter. IV The Yacht Club agrees to the following additional terms and conditions: A. The Yacht Club will provide their own water usage to Piers "L" and "M", including the Pier "M" Extension. B. The Yacht Club shall be responsible for monthly payments to the City's Finance Department of the prevailing surcharge for electricity based upon 3 4, the size of the slip, as established by the Code of Ordinances, as amended. All electrical usage metered on individual slips will be billed monthly to the Yacht Club according to the City's prevailing electricity resale rate at the Marina; the City will furnish the Yacht Club a copy of each month's individual slip electrical meter reading. C. All slips shall be used for the berthing of individual pleasure craft only, belonging to or in the custody of Yacht Club members or guests. D. Yacht Club shall not charge slip rates less than those rates charged elsewhere in the City Marina. E. Yacht Club tenants shall abide by all of the rules and regulations of the City Marina. F. Assignment of tenants to the various slips subleased hereunder and the charges by the Yacht Club to such tenants shall be controlled by the Yacht Club. V In further consideration of covenants herein contained, Yacht Club agrees to normal maintenance of all leased property in a reasonable condition and state of repair as determined by the City, but not lower than the standard of maintenance by the City, for comparable slips elsewhere in the Marina (excluding the MORF area). No additional construction of or alterations to the piers or catwalks shall be made by Yacht Club, its agents or contractors, without written approval by the City. In no event shall the Yacht Club undertake to repair, replace, reconstruct or restore said piers or any portion thereof, without first having obtained the approval of City. The Yacht Club shall not be responsible for maintenance resulting from acts of God (hurricane or storm damage) or other natural disasters. The Yacht Club shall be responsible for maintenance resulting from its members or guests negligence. VI Rental due with respect to any slip on the leased piers shall abate in full for any period for which such slip or slips shall not be available and suitable for use and occupancy for the purpose for which leased, from the beginning of such non-availability until such slips shall have been restored. Determination of such availability and suitability shall be by the City. VII Following the expiration of this lease, all rights and possession of Piers "L", "M", and the "M" Extension, and any improvements on the same, shall revert to the City. 4 VIII During the terms of this lease and any holding over hereunder, the Yacht Club will maintain at its sole expense, comprehensive general liability insurance by terms of which the City will be an additional named insured. Such coverage shall have either minimum limits of five hundred thousand dollars ($500,000) bodily injury per person, one million dollars ($1,000,000) bodily injury per occurrence, and one hundred thousand dollars ($100,000) property damage; or one million dollars ($1,000,000) Combined Single Limit coverage. The policy shall include the Broad Form Comprehensive General Liability endorsement which includes Watercraft Liability or a separate endorsement adding that coverage. The size of the watercraft covered shall be known and no limitation of the endorsement shall exclude coverage by virtue of the size of the watercraft. The City shall be furnished a certificate of insurance prior to the commencement of this lease, and shall receive additional certificates for all subsequent policies obtained pursuant to this lease. The Yacht Club agrees to indemnify and forever save harmless, the City, its officers, agents, and employees, from any and all lawsuits, claims, demands, liabilities, loses and expenses (including court costs, attorney's fees, and expert witness fees) for or on account of any injury to any person, or death at any time resulting from such injury, or any damage to property, which may arise or which may be alleged to have arisen out of or in connection with any activities by the Yacht Club, its agents, employees or independent contractors pursuant to this lease. IX City personnel shall have the right to enter upon the piers and catwalks at all times for purposes of inspection, repairs, fire and police actions, and the enforcement of this lease. X The Yacht Club shall not assign, mortgage, pledge or transfer this lease without the written consent of the City. XI If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this lease shall be held invalid or unconstitutional by final judgment of a court of law, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this lease, for it is the definite intent of the City that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given force and effect for its purpose. 5 i 1�i • \ - F'1i12- 2 4p986 SQfir PIER M E (TEI\15ION 17,403 5Q Er 1 1025' 188' -11 - ".f 17' - . . 84` 3745' PI ER '1A- '12,408 12,408 5g.rr: MAY ( 31993 e� L" EXECUTED in duplicate originals and delivered on this the day of , 1984. ATTEST: By City Secretary APPROVED: April , 1984 J. BRUCE AYCOCK, CITY ATTORNEY CITY OF CORPUS CHRISTI, TEXAS By: By: Edward A. Martin, City Manager Assistant City Manager By Assistant City Attorney CORPUS CHRISTI YACHT CLUB By: Commodore 6 That thb foregoing ordinance was read for the first time and passed to its second reading on this the /&k, day of /fe��%�L , 19 <2Y, by the following vote: (I Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance7? read for third reading on this the j day of following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown -.777777 seco d time anded to its , 194' , by the Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinan was read for thenArhird time and passed finally on this the 20kday o , 19417 , by the following/i�f vote: / 44 T Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik PASSED AND APPROVED, this the 7day of , 19 d i . ATTEST: Secretary MAYOR TH CITY OF CORPUS CHRISTI, TEXAS APPROVED: //'"DAY OF J. BRU E *CK CITY ATTORNEY By 1 i As a ity Attorney 181.48 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lss: County of Nueces. 1 g 9V Before me, the undersigned, a Notary Public, this day personally carne MARGARET...RAMAGE , who being first duly sworn, according to law, says that he is the V.OMMUNITY RELATIONS SUPERVISOR of the Corpus Christi Caller and The Corpus Christi Times, 1x ,. Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGEOF ORDINANCE #18198 AUTHORIZING THE EXECUTION OF A LEASE of which the annexed is a true copy, was published in _Caller -Times Publishing Co. \130th April84 day one on the._....__ day of 1984 , and once each thereafter for consecutive. day One Times. 451.00 8- Subscribed and sworn to before me this 1st EDNA KOSTER day of May 19 84 otary Public, Nu'eces County, Texas ;.r....,-•r���N�_',.::...w_.,ri.F+z.is#:sa::,..�';:_k;.a..:ca.'.-:. , r r � I 7 FI.a 1fOf ORDINANCE PASSAGE 1 OF ORDINANCE ON I SECOND READING 1;? ' AUTHORIZING THE E%ECU-TH t CORP US TION OF A CHRISTI LEASE NIVACHTI. [ CLUB FOR PIERS L AND M f Was passed on second t roadie Citry by of theCorpus Cny CoenChnsti. od of th Texas on the 18th day of April, 1984. The full text of said ordinance is evadable to the public in the Office of the City Secretary BiILGJaad $ocretary STATE OF TEXAS, County of Nueces. }Bs. PUBLISHER'S AFFIDAVIT 9 Before me, the undersigned, a Notary Public, this day personally came MARGARET RAMAGE ,who being first duly sworn, according to law, says that he is the COMMUNITY RELATIONS SUPERVISOR 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 ONK SECOND. READING AUTHORIZING THE EXECUTION of which the annexed is a true copy, was published in Caller -Times Publishing Co. 23rd April 84 day one on the._._..._ day of 19 ., and once each consecutive day thereafter for One Times. No. __. 19.80 Margaret Ramage Subscribed and sworn to before me this EDNA KOSTER otary Public, Iuec� Texas • _ NNOTfCg OF. PASSAGE • --• OF ORDINANCE ON FIRST READING AUTHORIZING THE E%ECFI TION OF A LEASE WITH Til CORPUS CHRISTI YACMT4yy CLUB FOR PIERS L AND rovedy Was passed and apP on first reading byCorp sififi Council of the City of Christi, Texas on the 11th d2yy o• April, 1984. The full text of the�publw In thesOfficee of tle hoi otll Cny Secretary. -s-84 G f>,ebAl City SecrethrY4 e Corpus Christi, Texas, PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. }ss' Before me, the undersigned, a Notary Public, this day personally came MARGARET RAMAGE who being first duly sworn, according to law, says that he is the COMMUNITY RELATIONS SUPERVISOR. 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 ONK FIRST READING AUTHORIZING THE EXECUTION of which the annexed is a true copy, was published in `" Caller -Times Publishing Co. 16th on the._...._... day of April 1984 day one and once each thereafter for consecutive One day Times. 8 - 19.80 Margaret Ramage Subscribed and sworn to before me this 1984 EDNA KOSTER April otary Public, Nu es County, Texas It A The Yacht Club shall construct a Ther "M' Extension according to plans and specifi- cations to bo approved by the City and generally consistent with the quality of construc- tion contained in Pier 'L and present slips on Pier 'M'. The Pier 'M" Extension shall con- tain no lees than 22 additional slips according to Exhibit ' 1'. Such construction will be dill- ' gently pursued by the Yacht _> Club and said Pier 'M' Exten- sion shall become the property of the City upon b completion and acceptance by the City. , B. The Yacht Club agrees to pay monthly in advance to the City as rental for the exist- ing Piers "L" and 'M" during 1110 term of this lease, one hundred ten (110%) percent N of the established square ff footage rate for pleasure craft _-Y, for the total square footage qe comprising the existing Piers NOTIC PASSA d 'L'. and M', including the OF ORIN ANCE N181 5:+ gcRW'@re foot portion of AUTHORIZING THE EXE tff-t -ie ,,- area for the pro - TION OF A LEASE WIT iepftsdtd:'.`Igd- 'M" Extension CORPUS CHRISTI YACHTnwldcgcir'r'sfa>nently being uti- CLUB FOR PIERS L AND M hzbd''bdatslips es of the BE IT ORDAINED ,BY THE date of this'lease CITY COUNCIL OF THE CITY OF C,1)(1i-i I, TEXAS This lease shall comthence SECTION 1 That the City on the first day of the second Manager be authorized to exe- calendar month after comple- cute a lease agreement with tion of construction and the Corpus Christi Yacht Club acceptance of Pier 'M" Eaten - for the use of Piers L and M sion but in no event later than fora term of 10 years, all e" November 25. 1984, and shall more fully set forth in the extend for a term of ten (10) lease agreement, a substantial years thereafter copy of which is attached IV hereto and made a pan here. The Yacht Club agrees to of, marked Exhibit A. and the following additional terms determining that the invest- and conditions: mens proposed to be made by A. The Yacht Club will pro - the Corpus Christi Yacht Club vide their own water usage to relates reasonably to the value Piers 'L' and 'M', including and length of said lease. the Pier 'M' Extension. PIER LEASE BETWEEN B. The Yacht Club shall be THE CITY OF CORPUS responsible for monthly pay - CHRISTI and mens to the City's Finance CORPUS CHRISTI YACHT Department of the prevailing CLUB surcharge for electricity based THE STATE OF TEXAS upon the size of the slip, as - COUNTY OF NUECES established by the Code of Or - KNOW ALL BY THESE PRES- dmances, as amended All ENTS• electrical usage metered on in - FOR AND IN CONSIDER- dividual slips will be billed ATION of the undertakings, monthly to the Yacht Club ac - covenants and conditions cording to the City's prevailing herein expressed, the City of electricity resale rate at the Corpus Christi, a municipal Marina; the City will furnish corporation and home rule city the Yacht Club a copy of each under the laws of Texas, here- month's individual slip electri- inafter called -City', acting by cal meter reading. and through its duly autho- C. All slips shall be used for rized City Manager, hereby the berthing of individual plea - leases to the Corpus Christi sure craft only, belonging to Yacht Club, a Texas nonprofit or in the custody of Yacht corporation, hereinafter called Club members or guests 'Yacht Club', certain property D Yacht Club shall not under the following terms and charge slip rates less than conditions: those rates charged else- ! where m the City Marina The City leases unto the E. Yacht Club tenants shall Yacht Club and the Yacht Club abide by all of the rules and leases from the City, that ger- regulations of the City Marina, tain portion of the bayfront of F. Assignment of tenants the City of Corpus Christi, to the various slips subleased Texas, described as follows: hereunder and the charges by A. Existing Finger Pier 'L", the Yacht Club to such ten - located in the South middle ants shall be controlled by the basin of the Corpus Christi Yacht Club. Marina, at the NE corner of V the Yacht Club's property. Be- In further consideration of IX City personnel shall have the right to enter upon the piers and catwalks at all times . for purposes of inspection, re- pairs, fire and police actions, . and the enforcement of this ,, lease X The Yacht Club shall not assign, mo6Bege, pledge ori, transfer this lease without thel written consent of the City / XI If for any reason any seat tion, paragraph, subdivision. clause, phrase, word or proJ- sions of this lease shall Idb held invalid or unconstitution I by final lodgment of a court Ef law, n shall not affect any 01- er section, paragrap subdivision, clause. phras . word or provision of thl lease. for n is the definite in tent of the City that ever section, paragraph, subdivi- sion, clause, phrase, word or provision hereof by given force and effect for its pur- pose. Was passed and approved by the City Council on the 25111 day o1 April, 1984. . -s-Bill G Read Bill G Read City Secretary Nn - ^- the NE corner of the Corpus :Mist Yacht Club Tract as de - o icribed in deed recorded in 1 /olume 887, pages 358-384, C Need Records of Nueces 0 :cony, Texas, c THENCE northerly for the 2 >ngth of the pier, having an • pproximate distance of 398 eel; THENCE easterly along the nd edge of the pier, having n approximate distance of 23 feet. THENCE southerly for the >ngth of the pier, having an pproximate distance of 423 set; - THENCE westerly for an ap- iroximate distance of 101 eat; (HENCE northerly for an ap- >roximate distance of 34 feet to the place of beginning Being the area known as the L -head finger 'L' shown on the plat attached as Exhibit '1', including the space adja- ' cent to such pier intended for use for the mooring of plea- sure boats only, a total of rt 40,986 square feet. ,r.-t„ B Existing Pier 'N1' located Yiin the Corpus Christi Marna `lSouth Middle Basin at the 1'w north side of the Yacht Club's property. Starting at a point 118 feet from the east edge l,'of the seawall bottom step, •, measuring along the Yacht Club's north concrete bulk- head, then outboard for a distance of 78 feet where pier connects to the existing cat- walk. Beginning at this point. westerly for a distance of 30 feet, THENCE northerly for the Ir length of the pier and out- 7bound slips for a distance of - 188 feet; THENCE easterly for a des- ' tante of 66 feet; THENCE southerly for the 4, THENCE of the pier, having a distance of 188 feet; cTHENCE westerly for a des- rtance of 36 feet to the point ,'of beginning Being the area known as the L -heed Finger Pier 'M' shown on the plat attached as Exhibit '1', including the space adjacent to such pier intended for use for the moor- ing of plesaure boats only, a total of 12,408 square feet. C An area for the Pier "SA' Extension proposed herein lo- cated in the Corpus Christi Marina South Middle Basin at the north side of the Yacht Club's property Starting at a point 118 feet from the east edge of the seawall bottom step, measuring along the Yacht Club's north concrete bulkhead. then outboard for a 1 distance of 266 feet along the existing pier and catwalk Be- i ginning at this point, westerly I for a distance of 30 feet; f THENCE northerly for a par- • nal length of the per and i outbound slips for a distance of 102.5 feet; THENCE westerly for a Am - tame of 17 feet: THENCE northerly for a dis- tance o1 84 feet; THENCE easterly for a dia. tance of 112 feet, THENCE southerly fora dis- tance of 84 feet; THENCE westerly for a dis- tance of 17 feet; THENCE southedy-fora die. tanco of 102.5 feet. THENCE westerly fora dis- tance of 36 feet to the point of beginning Being the area known es Yacht Club agrees to normal 30' maintenance of all leased can property in a reasonable con- dition and state of repair as determined by the City, but not lower than the standard of As maintenance by the City, for 6111. comparable slips elsewhere in A the Marina (excluding the 6 t MORE area). No additional construction of or alterations 1 to the piers or catwalks shall be made by Yacht Club, ns agents or contractors. without written approval by the Cny. 3 In no event shall the Yacht Club undertake to repair, re- place, reconstruct or restore L' said piers or any portion 9f thereof, without first having r4 obtained the approval of City fit The Yacht Club shall not be- 21 responsible for maintenance rot resulting from acts of God LO (hurricane or storm damage) t or other natural disasters The 9 Yacht Club shall be response- 4 ble for maintenance resulting li from its members or guests t negligence. VI Rental due with respect to 4 any slip on the leased piers 0 shall abate in full for any pen- od for which such slip or slips shall not be available and suit- able for use and occupancy for the purpose for which leased, from the beginning of such non-availability until such slips shall have been restored. Determination of such avail- ability and suitability shall be by the City. VII Following the expiration of this lease, all rights end pos- session of Piers L. "M', and the 'M' Extension, and any improvements on the same, shall revert to the City Vill During the terms of this lease and any holding over hereunder, the Yacht Club will maintain at its sole expense, comprehensive general liability insurance by terms of which the City will be an additional named insured Such cover- age shall have either minimum limits of five hundred thou- sand dollars ($500,000) bodily injury per person, one million dollars ($1,000,000) bodily injury per occurrence, and one hundred thousand dollars ($100,0(X1) property damage, or one million dollars (51,000,000) Combined Sin- gle Limit coverage. The policy shell Include the Broad Form Comprehensive General Liabili- ty endorsement which includes Watercraft Liability or a separate endorsement ad- ding that coverage. The size of the watercraft covered shall be known and no limitation of the endorsement shall exclude coverage by virtue of the size of the watercraft The City shall be furnished a certificate of insurance prior to the com- mencement of this lease, and shall receive additional certifi- cates for all subsequent policies obtained pursuant to this lease The Yacht Club agrees to indemnify and forever save harmless, the City. 1e officers, agents, and employees, from any and all lawsuits, claims, demands, liabilities, loses and expenses (including court - costs, attorney's fees. aad.ex-- pert witness fees) for or on account of any injury to any person, -or death at any time I resulting from such injury, or I any damage to property, 1 9{