HomeMy WebLinkAbout19866 ORD - 07/21/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF 'A LEASE AGREEMENT WITH THE
ULTIMATE YACHT RACE, INC., FOR A 15 -DAY ANNUAL USE OF
APPROXIMATELY 89,250 SQUARE FEET OF SPACE ON THE NORTHERN
HALF OF THE L -HEAD FOR THE BERTHING OF NO MORE THAN FIFTY
RACING YACHTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a
lease agreement with the Ultimate Yacht Race,' Inc., for a 15 -day annual use of
approximately 89,250 square feet of space on the northern half of the L -Head for
the berthing of no more than fifty racing yachts, all as more fully set forth in
the lease agreement, a substantial copy of which is attached hereto and made a
part hereof, marked Exhibit "A."
05P.161.01
396IICROEILMED
LEASE AGREEMENT
THE STATE OF TEXAS
i'.NCW ALL :1EN 3Y T -(ESE PRESENT:
LOUNTY OF NUECES
For and consideration of the sum of One Hundred and 00/100
Dollars (100.00) and the mutual agreements, covenants herein
centairued, the City of Corpus Christi, hereinafter caller; "City" and
he .ltimate Yacht Race, Inc., hereinafter called, "UYR", do hereby
_ontract, and agreed ..s -follows:
Subject to the terms and upon performance of the conditions
hereinafter provided, City hereby leases unto (JYR, for the purpose of
hc1di.3c a series of yacht races and related_ctivities the following
described City property:
Tia northern, one hal.' of the L -Head, e.ppro::imate 89,2E0 square
feet, said area being more fully described in Exhibit "A"
attached hereto; and associated wet storage berths, to be
leased at the prevailing rate at the time of the .annual event.
Wet Storage of yachts will be provided for a maximum of fi(:ev
yachte of thirty -scot or less, with the foslowino conditions:
a) the current prevailing rate for eech slip, dockage or .;icori-;a
will be paid by UYR.
he wet storage_ will be provided for the race wee}: n-ly; it
will net include the setup or takedown period.
u) rvaximum efforts will be made by 'che lIty tor^,ide a
centralised location for the dockage of contestants' ea_hts,
not to exceed fifty (50) craft..
d)
all other craft, to include committee Moats tenders, et:.
must make individual doc;:age arrangements with the City's
P'arir.a Supervisor.
In the event additional area is requested by UYR, prior- ::ritt�•n
approval shell be obt=ained from the City_ It is understeo i
agreed thee no concessions shall he allowed c., the __.sed
premises without the approval of the Marina S2pe, it eneent.
2) The _o.si eer-ation for concessions, or any r- veruee, otter than
entry fees, derived from the event on the leasee: premi es as the
payment by LYF' tc the City of four percent (4i) t.le gross receipts
withir •'.0 lays eftar the e=vent ends each year.
LEASE AGREEMENT - ULTIMATE YACHT RACE
PAGE
3) This lease is for a term of -:ive (5) years ccmme^.cing May 1,.,
19E8. UYR shall be entitlei to nonexclusive use i-f+cr purposes of
set-up and takedown) of the leased premises described." in paragraph
above for a period ci -"ifteen (1E) days (consecutive) durrng the years
1828, 1989, 1990, 1991 and 1992 and to the exclusive use of said
premises -Fcr a period of ten days :oithin such fifteen cay period in
each of such years, all set forth during the month of May:; provided,
however, that by riving written notice of cancellation a.: least six
months prior to i -he first day of each fifteen -day use period, as set
forth on the attached Exhibit "8", this agreement shall terminate
after such notice. If the conditions and terms in this agreement are
fL.lfilled to %he satisfaction: of the City, an additional five I f e
year
rinewal would be ._cnsidered and negotiated by the City and UYR.
4) UYR shall be entitled to block off the leased portion of the
._-dread, only after haling an annual eppiicatio.i to and receiving oath
year from the City permission for- the temporary closing of the leased
portion of the L -Nerd. Ctherwise, UYR shall take care not to obstruct
or interfere with traffic and parking upon the L -Head. UYR shall
provide driveway • access for trucks and emergency equipment to the
service area of the leased portion of the L -Head, and shall "jeep sucn
driveways open and unoccupied by structures or equipment.
5) In respect of each annual yacht race, UYR shall: pruvioe for
litter collection, street sanitation services and trash pickup on
area leased.
o) UYR shall provide certain barricades and uniFormed security
personnel in sufficient number, as determined by the Marina
Superintendent, to provide for internal security during the races.
City shall provide additional police serv!ces for crowd and traffic
control, outside the leased portion of the L -Head.
7) UYR shall -Furnish comprehensive general liability insurance free
of cost to City, protecting against liability to the public and UYR
participants on the leased portions of city property. Such insurance
shall have policy minimums of at least $500,000 for personal inury cr
death, S1,000,000 per occurrence, and 4100,000 property damage, and
shall name the City of Corpus Christi, Texas and UYR, Inc_. as
additional insured. A Certificate of Insurance, pro•:idinc for the
above shall be furnished to the City's Marina Superintendent.
8) UYR shall indemnify and held harmless the City. it officers,
employees, And agents from any ano all loss or damage to property,
injuries, cr expun-,e, liability, actions or proceed_-ngs of an? Lind
whatsoever ir; any way resulting from, or arising out„- plan-ing,
preparation, construction, operation, or dismantling_ cT any UYR
structure, or its activities, f ci1it_es, equipment, a-- premises used
in connection with euc:n race. At its own cost and eepurse, LYR. will
defend and protect the City from any and all -.;uch c -alms or domande
and will r.efrnd all suits arising therefrom. 71-e oblilatior of IJVR to
LEASE A0REEMENT - ULTIMATE YACHT RACE
RASE 3
indemnify and defend the City as provided in this paragraph shall be
reduced by (and any such reduction shall be made only to the extent
of) the percentage that any succi claim, demand, less or damage shall
be determined to result from, or be •:aused by negligence of the City,
its officers, employees and/or agen,s.
9) ?ny damage to city property will be restored by UYR promptly
after the close of the event.
10) Any work which involves holes or other changes in the pavement,
curbs, sidewalks, or seawall, must be approved by City's :;arina
Superintendent and no such approval may be given if the work will
require repair by the City.
11) The construction work displays within the areas a;fected by this
ordinance shall be conducted in accordance with City specifications
and building codes and after furnishing adequate assurance that All
damages will be remedied by UYR.
12) No paint or markings shall be permitted which in any way
obliterates or defaces any pavement markings or sinns heretofore
existing for the guidance of motor vehicles or pedestrians.
13) City and UYR hereby agree that any disputes which may arise
oetween them concerning this agreement, such as determining the amount
of damage to Ci':y property cccurring as a result of the UYR shall be
submitted for determination and resolution, first to the Marina
Superintendent, with a right to appeal to the City Manager. The
decision of the City Manager shall be final, unless that decision is
appealed to the City Council by giving written notice of appeal to the
City Secretary within ten (10) days after the written decision; of the
City Manager has been sent to UYR. In the event of such appeal, the
decision of the City Council shall be final,
:4) UYR agrees to maintain such fire lanes upon the property herein
described .=,s may be desigrated by City's Fire Chie's.
1)) UYR shall not assign this agreement nor sublease the whole or any
part of the demised premises or make any alteration therein without
the consent of the City first obtained in nriting.
16) Any failure on the pert of UYR to perform anyof _h.e covenant
contained in this agreenent any breachof 3r -y covenant cr
forthwith terminate this agreement without notice cr remand of .Any
rind, notwithstanding any licensu _--fired by City a.... n•or,nrbeor<-nc.e by
City of any prier b -each horeo= by LYR shall be eer�nw1 at aive.- by or
estoppel against City. In case cf any such termination City shell be
anti tied to retain any sums of c,o:ey theretofore pain by UYR and such
LEAS== ASREEMENT - LILTIM.ATE YACHT RACE
PAGE 4
sums snail insure to the benefit of City as a setoff against any debt
nr .3ahi1ity of UYR to City otherwise scored by breach hereof.
This, the,2,-74 day of
ATTEST:
-�1"""^v_
City Secretary
APFUNED: (6Cnye /1149r04
"_ilAY OF C11_��'GLG[�� j 1987
A5ACity Attorne
........... AUTHORIL I
BY COUNCIL . /1-'2/ -.97
SECRETARY
3 1587,
CITY DF r1RPUS CH S
BY_
Craig A,
cDowe11 , City Haracer
jjExi/r- A
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PERIODS OF EXCLUSIVE AND
NON-EXCLUSIVE USE
YEAR EXCLUSIVE USE NON-EXCLUSIVE USE*
1988 12:01 a.m., May 6 thru 12:01 a.m., May 2 thru
12:00 p.m., May 15 12:00 p.m., May 16
1989 12:01 a.m., May 5 thru 12:01 a.m., May 1 thru
12:00 p.m., May 14 12:00 p.m., May 15
1990 12:01 a.m., May 4 thru 12:01 a.m., May 1 thru
12:00 p.m., May 13 12:00 p.m., May 15
1191 12:01 a.m., May 3 thru 12:01 a.m., May 1 thru
12:00 p.m., May 12 12:00 p.m., May 15
1992 12:01 a.m., May 2 thru 12:01 a.m., May 1 thru
12:00 p.m., May 11 12:00 p.m., May 15
*includes the period of exclusive use.
EXHIBIT "B"
That the foregoing ordinance was read for e first time
second reading on this the ,/ a¢l1 day of
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for
third reading on this the 4A day of
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
That.the foregoing
this the r9/ day
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif
Bill
Mary
Mary
Linda
and passed
, 19P7 ,
to its
by the
the second time and pp,assed to its
1At. 19}f7 , by the
Moss
Pruet
Rhodes
Pat Slavik
Strong
ordinance was read for the third te
of , 19 �''7 , by thime
a Clif Moss
Bill Pruet
Mary Rhodes
-Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the ..2/ day of
ATTEST:
it - ecretary
AP ROVED:
DAY OF
HAL GEORGE, CITY ATTORNEY
By
99.044.01
t City Attorney
(1-1Z-3
�L)
and passed finally on
following vote:
THE CITY OF CORPUS CHRISTI, TEXAS
fid
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, ss: AD# 43644 -
County of Nueces. CITY OF C.C./CITY SECRETARY
Before me, the undersigned, a Notary Public, this day personally came
•
.kuRim LARUE „ who being first duly sworn, according to law, says that he is the
SENIOR ACCOUNTING CLERK 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 SECOND READING AUTHORIZING THE EXECUTION OF A LEASE
of which the annexed is a true copy, was published inCALLER-TIMES PUBLISHING COMPANY
8th JUNE 87 daY ,__— thereafter for one
itin the._...._._ day of 19. ... ,and once each..... _.._.
consecutive day
one Times.
44.85
MURIEL
0Z/A„?/`
Subscribed and sworn to before me this 29th rdi<y of
57
1987
Public, Nueces County, exas
EUGENIA S. CORTEZ 6-30-89
IOTICE OF PASSAGE OF
1 ORDINANCR ON
61 SECOND READING
t \
AUTHORIZING THE-EXECU1
TION OF A LEASE
AGREEMENT WITH,TFJE UL-
"
TIMATE YACHT,RACE, INC.,
FOR A 15-DAY ANNUAL USE
OF APPROXIMATELY 89,250
SQUARE FEET OF SPACE ON 1 ,.
THE NORTHERN HALF OF
THE L-HEAD FOR THE .s •
BERTHING OF NO MORE
THAN FIFTY RACING '"1,`,
YACHTS FOR A TERM OF
IVE YEARS COMMENCING
ON .MAY 10. 1988, ULTI-
MATE YACHT, INC. TO PAY
THE CITY ONE HUNDRED -
OOLLARS, FOUR PERCENT -'
OF THE GROSS RECEIPTS
FROM ANY CONCESSIONS
THAT MAY BE ESTAB-1
LISHED DURING THE YACHT
RACES, AND PAYMENT OF
RENTAL FOR UP TO FIFTY
BOAT SLIPS THAT MAY BE
USED
Was passed and appfoVed'I
on second reading by the City
Council of the City of Corpus
Christi, Texas on the 23rd 1
day of June, 1987. The full t
text of said ordinance is aliad- 1
able to the public in the Office j
of the City Secretary. •"
/5/ Armando Chapa
City Secretary
City of Corpus Christi
•
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, t„: A D# 5 6 0 9 2
County. of Nueces. J CITY OF C.C./CITY SECRETARY
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
t z
" .A.CCOBRT.ING. CLE.RIL of the Corpus Christi Caller and The Corpus Christi Times,
Bally Newspapers published at Corpus Christi, Texas, 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
on the. day of
JUNE
consecutive day
Times.
-
43.70
CALLER -TIMES PUBLISHING COMPANY
19.AL., and once each.. fla.v. thereafter for an.e.
(--OrGL24-41z4_,
EU= 'Tr RUE
d r 3
2
Subscribed and sworn to before me this of JUNE19.87--
!elMsFligt
EU NI &(289
NOTICE OF PASSAGE OF
ORDINANCE N 19958
AUTHORIZING THE EXECU-
AGREN
TIMEMENT WITH THEA ULE
FOR IS --DAY ANNUAL USE
OF APPROXIMATELY SP 89,250
F THE ANORTHE
THERNF HALF OF
BER7HII.'GF OP . NOCE Gal
FORM RE
THAN + FIFTY E
RACINHG
YACHTS,' FORA TERM OF
FIVE FIFTY
COMMENCING
ON MA1' 10, 1988, ULTI-
M ETEC T CHOONE HUNDRED,
DOLLARS; FOUR, PERCENT
OF THE GROSS RECEIPTS'
FROM ANY CONCESSIONS'
THAT MAY BE ESTAB
USHED DURING THE YACHT{
RENTAL FOR UP TONFIFTOY1
E BOAT SUPS THAT MAY 8E
• USED,
L
by e C tyued
• WasCouncll 01 sed and Me City
Of Corpus Chris,,, Texas ons
the 21st day of July1987.1
The full text of said ordinancefl
is available 10 th, pobI,c •in the
Ofhce 0111,0 Cny Secretary,
/0/ Armando Chapa
City Secretary
Cay of Corpus Christi
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, 88. AD #61205
County of Nueces. CITY OF C.C.
1'
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,
Deify Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE # 19866 AUTHORIZING THE EXECUTION OF A LEASE
of which the annexed is a true copy, was published in CALLER TIDIES PUBLISHING COMPANY
on th 6th day of JULY 19 8:7.., and once each day.. thereafter for o.ne
consecutive day
one Times.
s_ 42.55
IRIS YAP '
Subscribed and sworn to before me this ..2.8.tb.....-_..day of JULY.
7/
19..8?-
Nofary Pylic, Nueces County, Tex
EUGENIA S. CORTEZ 6.30.89
L.--'-'7"'' NOTICOF PASSAGE OF
N ORDINANCE ON
tit
AUTHORIZING READING
THE EXECU-
TION OF A LEASE
AGREEMENT WITH THE 1114
TIMATE YACHT RACE,:INC.1
FOR A 15 -DAY ANNUAL USE
OF APPROXIMATELY 89,250
SQUARE FEET OF SPACE ON
THE NORTHERN 1ALF OF
iTHE L -HEAD FOR THE
BERTHING OF NO MORE
THAN FIFTY RACING
YACHTS FORA TERM OF
=IVE YEARS COMMENCING
DN MAY 10, 1988, ULTI-
MATE YACHT, INC. TO PAY
,THE CIYY ONE HUNDRED
DOLLARS, FOUR PERCENT
OF THE GROSS RECEIPTS
FROM ANY CONCESSIONS
THAT MAY BE ESTAB-
USHED DURING THE YACHT
RACES, AND PAYMENT OF
RENTAL FOR UP TO FIFTY.
BOAT SLIPS THAT MAY BE
USED.
Was passed and approved
by the Cny Council of the Cny
of Corpus Christi, Texas on
the 16th day of June, 1987
Tho full text of said ordinance
is available to the public in the
Office of the Cny Secretary.
/s/ Armando Chapa
City Secretary,
Corpus Christi, Taxa