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Home My WebLink About18697 ORD - 02/12/1985TEXAS AN ORDINANCE CONSENTING TO THE ASSIGNMENT OF THE L -HEAD BAITSTAND LEASE FROM RUBEN V. LAM TO STEWART PLATIS AND DIMITRIOS GOUZIBTIS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Council hereby consents to the assignment of the L -Head Bait Stand Lease from Ruben V. Lara to Stewart Platis and Dimitrios Gouziotis, a substantial copy of which assignment is attached hereto and made a part hereof, marked Exhibit "0". 18697 THE STATE OF TEXAS S COUNTY OF NUECES LEASE AGREEMENT KNOW ALL BY THESE PRESENTS That this Agreement, made and entered into by and between the ,fty of Corpue Christi. a municipal corporation and body Politic. oPerating under the home rule statutes of the State of Tessa, located in Nuecea COunty, Texas, hereinafter called "City", a. Stewart Platis and PI...trios Mousiotis, herein- after called ,essees", WITNESSETH WHEREAS, the Lessee has requested the use of a 5' x 31 5' shed including sink, sales counter, and bait umll, located over the ',rater on the northwest corner of the L -Head within the City of Corpus Christi, Nueces County, Texan, and WHEREAS, the Leusee desires the privilege of using the above described area for the specific purposes herein listed, as follows (1) To sell live and dead bait, and seafood, (2) To sell or rent fishing equipment related to the bait business, (3) To sell wrapped food, 2212 drinks, chip , candies, wraPPed snacks. and iCe, (3) To sell, 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 Chas Tien[ ehould problems ariee as a result of the beer Bales (5) shed may also be used for (fishheadsa heads) ning fish and heading shrin • r , no waste from e shall he allowed to enter the waters 2f the Marina The leased areas shall be used for the above listed privileges and for no other purposee THEREFORE, for and in consideration of the premises and COnVenants, agreements and stipulations herein contained and net forth, the Parties hereto agree as follows That the City hereby gran. to LeaSee the use of the prOpertY abOwe for the specific purposes heretofore after exec tion of this Agreement (3) 32ar¢, sa is uee [2 Oes in [n Ir [y (30)Saaye For and in consideration of the rights Lessee hereby agrees to pay City twenty-two percentd(22%) privileges o dollarssales derived from said concessions. or. three hundred (1300 00),hwhich- ever payable at the office the the Finance Department, 319 x x 9277, 0Orpus fCollec- tions �f78469.o before the tenth day of each following month during the term of this Agreement Lessee hereby agrmes to furnish to the city's Director of Pinance a certified monthly statement of gross reuenues, 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, v... books will be agents and representatives, during normal business hours All necessary forms .han be prescribed and approved bY said Birecton of Finance IV. cancelThe City retains the right at any time to upon (10)h is Agreement Y (60) days written notice Co Lessee a. upon days written notice fol. cause or non-compliance with the provisions stated in this Agreement Lessee shall not asSign nor. convey any of the righta herein granted without the written approve/ of City first being obtained VI followingThe Lessee shall be responsible for the (A)regulations and ordinances, including obtaining required permpts and installation of required equipment of the City as they affect the concessiOn oueration (B) Worker's Compensation Insurance and approved Comprehensive poisoningGeneral Liability Insurance. including liability for food or drink, In the njury ot for bodily injury or. illness from t or death per occurrence, and s5o000for property damage (C) Indemnifying the City, its officers and employees, from an% (DI Posting in a conspicuous place at everY lOCation where mer- chandise is sold, a schedule of prices which are not in excess of those charged under similar conditions elsewhere in the City /f 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 a. properly disposing anY debris or refuse resulting from opera“on of said Premises (F) Electricity used by DesSee will be prOVided by the City at eucept that air Conditioning equipment and service is to be at VII It is further understood and agreed that the Lessee is and shall be an independent contractor hereunder, and not an emPloYee. agent Or ...ant of the City. It is further understood and agreed that the Lessee shall not ma. alterations, additions, or improvements to said building, without prior written conSent of the City. Minimum hours of operation shall be as follows Winter Hours (December, January, FebrUary) Monda, - Closed Tuesday through Sunday - 6 00 a m to d 00 p m normal Flours (March, ',Pr., Mad, I., S(e, Aug..' SePtee., October, and November) Monday - Closed TuesdaY - 6 oo t. 10 oo p. Wednesday - 6 00 am to 10 00 pm Thursday - 6 00 a.m to lc on p m Priday - 5 00 a m. to 11 00 p m. Saturday - 5 00 a m to 11 00 p m Sunday - 5 00 a m to 6 00 p m The hours of operation on the bait stand shall be strictly complied with, unless consent of the City's Marina superintendent All alterations, improvements, and additions made by Le8SCC upon Said building, altheugh at hi. OWn Cest and exPeese, shall if not removed by LESaee at any termination hereof become the property of the City in fee simple without an, other action or process of law It is further paint, or otherwise affix any aeigne at, on or abOUt the property, or any part there0f, exSuper- intendent paint or repair any of e repair eaid signs within n (10) daye of demand thereof in writing, the City may fulfill its demands and charge the expense Of eame to Lessee. X. It ie further. understood and agreed that the Lessee ehall not place ice -making machine, iceboxes, or storage boxes in or around the leased premieee without prior written approval of the MarMna Superintendent. /t is further. underetood and agreed that City will maintain the buildings and utility lines serving same and that Lessee will maintain the inter- ior of the buildings, including painting and light fixtures. It is further understood and agreed that the mintmum monthly rental feu) said leased prwmiees 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 buildiege are rend- ered unuSable becarwe of damage resulting from fire, water or wind 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 build- ing 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 elips in the Marina XIV. It 18 further understood and agreed that Leseee shall not rent or. sublet, or. attempt to rent or sublet, the prem.. 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 thie Agreement and repoesess the premlees descri- the hereunder,rental due o Lease, Or 0in am y enforcethe proaaanna or the Lease, ten percent (10%)or the amount or such ecovery shall be added to cover the (10%)rto be in addition to ny court coeds, epee of such ac ci said ten percent XVI. Lessee agrees to incur no debts or obligations on the credit of WITNESS OUR HANDS at Corpus Christi, Texas, this the day of ane effect . 1984, 1n duplicate originals,both of equalorce ATTEST. CITY OF COPRUS CHRISTI, TEXAS BY City Secretary Edward A Martin, City Manager APPROVED. J. BRUCE AYCOCK, CITY ATTORNEY APPROVED: By Aasistant City Attorney 7/} Steuart glatis LETTER OF AGREEMENT The Platfs a s hereby undersignedagree that w approval of the Corpus Christi City Council to assign the remaining term of Er Ruben V lease and the execution of the ar assignednd payment of $1,187 80 as due a payable to the y for lir Lara's current debts It is rtherthat failureto make such payment will result In termination othe assignment Stewart elaua PARKS AND 8EEREA80x180 DEPT That the foregoIng ordInance,m read for he first tune and passed to Its fallowing vote second reaching on thls the ,,r_,.- day of , 19,1E_, by the Luther Jones Zie,Leo Guerrero / Betty N. Turner Dr Charles W. Yennedy / David Berlanga, Sr. Joe McComb 4 Welder Brown Frank Mendez / Mary Pat SlavIk / T4rda,tther, ewlor:go,InOhs ngo,rd12reicevq_ following vote Luther Jones Betty N Turner David Berlanga, Sr. Welder Brown day o read r """ iI Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Ilary Pat Slavlk Tohn'th,V=hfe'razgda;T-11,0.Tsrs. lePnytrhee gf,.°,1svdvoit'enallY Leo Guerrero Betty N. Turner Dr. Charles W. Kennedy Davld Herlanga, Sr. alt.0/0,40,:, Joe McComb Welder Brown Fre. Mendez Clary Pat 515015 PASSED AND APPROVED, this the _...1,14" day of ,4a, 19 f.r. ATTEST 4eoretu Y0 THE CITY OF CORPUS CHRISTI, TEXAS 1S697 - PUBLISHER'S AFFIDAVIT 'STATE OF TEAAS }e e. County of Nunes. J /F697 Before me, the undersigned. a Notary pubbq flue day personally came .NABGABBT.NBMAGE _ who being first duly sworn. according to law, nays lbal he lc the COMENEITE ABLATIONS Sl1EEEFESOE of the Corp. Christi Caller and The Corpus Chron Time, Ddy NewapaWxa puhluhed at Corp. Christi. Traae, rn end County end Slate. and that the publication of _10100105 05.5100AGE OF AE0.ENBNCE_ 9.13_0.EC9E9 00055110 CONSENTING TO T pf naval the annexed is a true ropy. was published in .Cane 5 2NaLEsaIEC onthe 20thday of Y.9.0 .9T5 _ Ig_85.. and once each dal'__ lhereaft,r for 92,0 comeeutive _ day _ _ DEE - Time $.27_6l1 _ MARGARET RAMAGE Subsimbedand sworn to before me this JCaCnu EDNA KOSTER 11 -3p -BB