Loading...
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