HomeMy WebLinkAbout19497 ORD - 09/23/1986TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF A SERVICES CONTRACT WITH THE
CORPUS CHRISTI INTERNATIONAL SCHOOL OF SAILING IN THE OFFICE
BUILDING ON THE COOPER'S ALLEY L -HEAD.
BE IT ORDAINED BY, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized to execute a
services contract with the Corpus Christi International School of Sailing in the
approximately 252 square foot office building on the Cooper's Alley L -Head all
as more fully set forth in the services contract, a substantial copy of which is
attached hereto and made a part hereof, marked Exhibit "A."
08P.077.01
19497MICROFILMED
CITY OF CORPUS CHRISTI, TEXAS
SERVICES CONTRACT
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT THIS AGREEMENT is made and entered into by and between the
City of Corpus Christi, Texas, a municipal corporation ("City") and the
Corpus Christi International School of Sailing, Incorporated, a Nueces
County, Texas business corporation ("Vendor"):
WITNESSETH:
WHEREAS, the Vendor has requested the use of the 252 square foot
office building (located as specified in the attached drawing, Exhibit A)
on the Coopers' Alley L -Head within the City of Corpus Christi for the
purpose of operating a charter sailing service and a sailing school
business.
NOW, THEREFORE, City and Vendor covenant and agree as follows:
1. City hereby grants to Vendor the use of the property
described for the purposes heretofore enumerated for three (3) years
commencing sixty (60) days after final City Council approval of this
contract.
2. City hereby grants unto Vendor the above rights of operation
as the described location on the Coopers' Alley L -Head, subject to the
terms, conditions and covenants of this Agreement.
3. Vendor shall obtain necessary permits and licenses for the
boat charter and sailing school operations at the,described location on
Coopers' Alley L -Head. Vendor shall insure continuing compliance with the
Federal, State and Municipal Regulations as it applies to the operation.
4. Vendor shall comply with all applicable City health
regulations and ordinances.
5. During the term of this agreement, Vendor shall maintain
Workmen's Compensation Insurance (statutory), Comprehensive General
Liability ($100,000 per person, $500,000 per occurrence, $100,000 property
damage). The City shall be named as an additional insured on paid
liability policies, and the Vendor agrees to provide current certificates
of such insurance to the City at all times during this Agreement.
6. Vendor agrees to indemnify, save harmless and defend City,
its agents, servants, and employees, and each of them against and hold it
and them harmless from any and all lawsuits, claims, demands, liabilities,
losses and expenses, -including court costs and attorneys' fees, for or on
account of any injury to any person, or any death at any time resulting
from such injury, or any damage to any property, which may arise or which
may be alleged to have arisen out of or in connection with the activities
covered by this contract. The foregoing indemnity shall apply except if
such injury, death or damage is caused directly by the negligence or other
fault of the City, its agents, servants, or employees or any other person
indemnified hereunder.
7. Vendor will maintain a current schedule of available
services. The schedule shall be displayed in a conspicuous place and shall
be approved by the Superintendent of the Marina. If the Vendor desires to
provide service or sales other than those listed herein, he must first
receive the approval of the Superintendent of the Marina.
8. Vendor shall maintain a clean and neat operation within the
leased area and public areas within twenty-five feet (25') thereof,
02j.070.02.11.np -2-
including proper disposition of debris and refuse. City will provide a
refuse container and pickup service.
9. Cost of utilities shall be borne by the Vendor.
10. Costs to alter and improve the interior area of the building
to make it more useable and in compliance with applicable City regulations
will be borne by the Vendor. Vendor will be responsible for the purchase
and maintenance of all equipment required to support the service operation.
11. Vendor shall pay to City Three Hundred Ten Dollars ($310)
per month, due and payable on the tenth of each month during the term of
this Agreement. Said amount does not include slip rental fees for any slip
which may be rented to Vendor in connection with its operations.
12. Vendor will not on the grounds of age, handicap, sex, race,
color or national origin, discriminate or permit discrimination against any
person or group of persons in any manner. The City hereby reserves the
right to initiate any legal action available to it.
13. City retains the right to cancel this Agreement for cause.
Such cause shall be a violation of, or default in, any of the terms of this
Agreement, or a violation of any federal, state, or local law by Vendor,
its agents, employees or assigns found by the City to be contrary to public
policy. Before exercising this right to cancel, the City agrees to provide
the Vendor written notification of cause and reasonable time (not exceeding
thirty [30] days) to implement corrective action, if reasonably
correctable.
14. Vendor shall not make additions to the building without
prior written consent of the Superintendent of the Marina. All
alterations, improvements, and additions made by Vendor upon said building,
02j.070.02.11.np -3-
although at his own cost and expense, shall, if not removed by Vendor
within fifteen (15) days of any termination hereof, become the property of
the City in fee simple without any other action or process of law. Any
such removal shall leave City's property in at least as good a condition as
it was in immediately prior to the alteration, improvement or addition.
15. Vendor may place signs at the place of business in
accordance with the restrictions contained in the City Code. Any such
signs will be limited to those required for establishment identification,
and those of a functional need and will not advertise other products or
businesses. Design and placement of signs will be approved by the
Superintendent of the Marina. Said approval will not unreasonably be
withheld.
16. City will maintain utility lines serving said building, and
the adjacent pavement area, and the Vendor will maintain the building.
17. Vendor shall not assign, mortgage, pledge or transfer the
leased premises or any part thereof without prior consent of the City. For
purposes of this paragraph, any change in interest of some or all of
Vendor's shareholders shall constitute a transfer of the leased premises.
18. Vendor shall incur no debts or obligations on the credit of
City.
19. Nothing herein contained shall be deemed or construed by the
parties hereto, nor by any third party, as creating the relationship of
principal and agent or of partnership or of joint venture between the
parties hereto, it being understood and agreed that neither the method of
computation of rent, or any other provision contained herein, or any of the
acts of the parties hereto, shall be deemed to create any relationship
between the parties here other than that of Landlord and Tenant.
02j.070.02.11.np -4-
20. In any legal action by the City to collect damages growing
out of this Agreement or to enforce any provision of this Agreement, City
shall be entitled to recover its reasonable attorney's fees which shall be
equal to ten percent (10%) of its recovery, in addition to court costs.
21. This Agreement is executed in duplicate originals.
CITY OF CORPUS CHRISTI
ATTEST:
By:
By:
Armando Chapa
City Secretary
Date:
APPROVED:
HAL GEORGE, CITY ATTORNEY
Craig A. McDowell
City Manager
Date:
By: 664,4 G0l�
A€ .6.aft City Attorney Assistant City Manager
Date: ¢ - /f - i I Date:
VENDOR
By:
NEAL M. LILLARD, PRESIDENT
Corpus Christi International
School of Sailing, Inc.
Date:
02j.070.02.11.np -5-
r:.
r
That the foregoing ordinance was, read for t.= first time and sed to its
second reading on this the (q day of 1� , 19/b , by the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordinance^as read for tf second time and a�ssed to its
third reading on this the ,, day of , 19%(i , by the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the fueaoi g ordinan was reed for the,„third time and passed finally
on this the6'7rd day o 11�lxly�� , 198 , by the followi.g vote:
I//
/L
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the 2.34 day of
ATTEST:
City Secretary
APPROVED:
MADAY OF
0%'
ity Attorney
, 1984:
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
9 1.6 .
19497
sy.=y
,•fir..
STATE OF TEXAS,
i County of Nueces.
PUBLISHER'S AFFIDAVIT
tss: AD #72238
CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came._...._.
IRIS YAP who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
K iublished at Corpus Daily Newspapers p 1'P Christi, h, Te:as,,in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECUTION
•
' of which the annexed is a true copy, was published in CALLER TIMES PUBLISHING CO.
2 TH AUG T ONE.
: on the 5 Clay of. __.19 $5, and once each ..I2 _.__..thereafter for
consecutive
DAY
ONE):,
Times.
_..._.... _. ....._...Times.
IRIS YAP I__..._.
Subscribed and sworn to before me this..._.242.13.._.day oL .._ _AUGt7ST 19.._ gb_
Notary( ublic, Nueces County; Texas
EUGENIA CORTEZ — 6/30/1989
...- .syua.Insi ,^luxe
NOTICE OF PASSAGE ,
OF ORDINANCE ON '
FIRST READING
AUTHORIZING THE EXECU-
TION OF A SERVICES 1
CONTRACT WITH THE COR -1
IN$ CHRISTI
TERNATIONAL SCHOOL OF t•
SAILING IN THE OFFICE �
BUILDING ON THE COOPERS s
4LEY L -HEAD FOR A TERM d
OF THREE YEARS COM -N
, MENC1f3G SIXTY DAYS ii
AFTER'FINAL CITY COUNCIL
APPROVAL OF THE CON -la
TRACT; FOR $310 PER i
1 MONTH
Was passed and approved
rjrl on first reading by the City
Council of the City of Corpus
Christi, Texas on the 19th day
d of August, 1986 and the full
[' text of said ordinance Is avail-
! able to the public in the Office
Lf the City Secretary,
/s/ Armando Chapa j
City Secretary 1
Corpus Christi, Texas.,
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, las: AD# 29277
County of Nueces. J CITY OF C.C.
Before me, the undersigned. a Notary Public. this day personally came.
MURIEL LA RUE --, who being first duly sworn, according to law, says that he is the
..SENIOR.ACCQUNTINQ..Cl.ERIG of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of
NOTICE OF PASSAGQE ORi)TNANC:F. _SRC`OND-,g,E ZNG_11iITHOI ZING..i 4 GUT1-19N
of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING CO.
on the 1st • day of:..._SEPTEMBER___ 19_86 and once each clay___.._.__..thereafter for nna
consecutive
day
me. Times.
32 20_ rt
Subscribed and sworn to before me this 3rd _-day of.._._$FPTEM9ER 19.86
ti
No'tary Public, Nueces Co'hnty, Texas
EUGENIA S. CORTEZ 6-30-89
.1trinrui Cull y NI
SECOND READING 11 1 1
Corpus Christi, Texas a
NOTICE OF PASSAGE 4
, TION OF A SERVICES a
OF ORDINANCE ON P,
AUTHORIZING THE EXECU-
TION
CONTRACT WITH THE COR- 41
PUS , CHRISTI s,
INTERNATIONAL SCHOOL OF ,I
SAILING IN THE OFFICE
OF THREE YEARS COM- E ,
'AirtrAiiketITZ' COUNCIL.C;
' BUILDING OF THE COOPERS h
ALLEY L -HEAD FOR A TERM 4
TRACT; FOR $310 PER d • ,
APPROVAL OF THE CON- a
morrni.d
- ' Was passed and approved g
on second reading by the City a
Council of the City of Corpus N
3, Christi, MOS on the 2618 da d
4, of August. 1986 end the full ri'
OF text of said ordinance is avail- b;
R- able 10 160 public in the Office
ITO of the City Secretary. c
NG /a/ Armando Chapa N
City Secretary p
12----vis1Lrens ti