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Home My WebLink About020148 ORD - 01/05/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH THE U. S. ARMY CORPS OF ENGINEERS FOR THE LEASE OF A SLIP IN THE MARINA. 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 five year lease agreement with the U. S. Army Corps of Engineers for the lease of a slip in the marina, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 204RP041.ord 2ui48 MICROFILMED STANDARD fORM 2—B FEBRUARY1065 EDITION GENERAL SERVICES ADMINISTRATION 660� FPR U.S.Government 1 f Lease or Real Property Short Form) LEASE DATE 1 October 1987 NO. I DAC€V64-S-88-2 The LESSOR leases to the UNITED STATES OF AMERICA, hereinafter called the GOVERNMENT, the described premises on the terms stated herein, including the conditions on the reverse hereof. 1. LOCATION OF LEASED PREMISES Space L- 5 , Lawrence Street T-fleati, City ?iftri zit, f :nom Qni cti Th_ r tc , 2. DESCRIPTION OF LEASED PREMISES Space L-5 of the City Marina, Corpus Christi., Texas, for docking and storage space for survey launch 'BLAS' (for the Corpus Christi Area Office, U. S. Army Corps of Engineers) . 3. TERM. To have and to hold: For the term beginning 1 October 1987through ' Septebnir 1988 From year to year thereafter, but not beyond 30 SepteMber 1992 this lease 1..411 automatically rem, itself unless terminated by the Government or the lessor as hereinafter provided. 4. TERMINATION. -1i1'P I3ay terminate this lease at any time by giving at least 30 days' written notice S idrice shall be computed commencing with the day after the date of mailing. to the verer 5. RENTALL.ov . ttThhe ernment per City of Corpus Christi, Texas 78469. Accounting Classification: shall pay the Lessor oeterrai rent of $ 119.17 payable to: _ Christi, _ , in arrears. Rent for a lesser period shall be prorated. ATTN: :Marina Superintendent, t, P. at the rate of $ Rent checks shall be made O. Box 8277, Cornu V 2121600050000 6. SERVICES AND UTILITIES (Enter "X" in box for each item to be provided by Lessor as part of lease) - (Prequenry) • (1) HEAT - • (5) CHILLED DRINKING WATER • (9) TOILET SUPPLIES gl (2) ELECTRICITY (3) POWER (Special equipment)0 (4) WATER (Hot and cold) in (6) AIR CONDITIONING - • (10) JANITOR SERVICE AND SUPPLIES (7) ELEVATOR SERVICE• (11) INITIAL LAMPS, TUBES, BALLASTS AND REPLACEMENTS (8) WINDOW WASHING (Quarterly) • (12) MECHANICAL VENTILATION • (13) OTHER (Specify) 7. SPECIAL OR OTHER PROVISION(S) AGREED UPON a. At any,such time that the rental rate is increased by the City Council of Corpus Christi, the rental rats, as negotiated, will be paid with the preparation of a supplementalagreementto this lease. Requests by the lessor for rent increases will be addressed to the Government as fellows: Co amander, U.S. Army Engineer I7istric' Galveston, ATTN: CES -RE -A, P. 0. Box 1229, Galveston, TX 77553-1229. b. :axles and Regulatioans of the Marina are attached hereto and made a part of this it c. Rental amount Includes an allowance of $19.00 per month of metered electrical usage. When actual monthly electrical usage as metered, exceeds f:st of $19.00, the portion of the amount of the monthly bill that exceeds $19.00 will be billed to the following address: Area En9rineer. Corpus Christi Area Office, TT_S_ Army f rhrrq of LESSOR Engineers, P.O. Box 2948, Corpus Christi, TX 78403. CITY OF CORPUS CRUST', MAUNA DEPARDENT BY_' Craig MrpowP11 , (Signature) City _Mannar Armando Chapa • (Signature) City Secretary UNITED STATES OF AMERICA BY (Signature) (Official title) 2-302 (See General Provisions on reverse) APPROVED:/? IDAY OF /1.4,ex er , 1987 HAL GE GE, CITY EY Dv x e Ace i c-hnnt (situ ❑t'I \/ 12. Gratuities to Government Employees. a. The Government may, by written notice to the lessor, terminate the right of the lessor to proceed under this lease if it is found, after notice and hearing, by the Secretary of the Army or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the lessor, or any agent or representative of the lessor, to any officer or employee of the Government with a view toward securing a lease or securing a favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing, of such leases, provided that the existence of facts upon which the Secretary of the Army or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. b. In the event this lease is terminated as provided in paragraph (a) hereof, the Government shall be entitled (1) to pursue the same remedies against the lessor as it could pursue in the event of a breech of the lease by the lessor, and (2) as a penalty in addition to any other damages to which it may be entitled by law to exemplary damages in an amount (as determined by the Secretary of the Army or his duly authorized representa- tive) which shall be not less than three nor more than ten times the costs incurred by the lessor in providing any such gratuities to any such officer or employee. c. The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this lease. 3 CITY OF CORPUS CHRISTI, TEXAS CITY MARINA RULES AND REGULATIONS 1. PENALTY FOR VIOLATION - The rules and regulations contained herein are the policies and ordinances of the Corpus Christi City Marina. Viola- tion of'ony such provision of these carries a fine not to exceed Two Hundred (5200) Dollars, plus possible loss of space privileges. Upon the re- fusal to comply with a lawful order of the Marina Superintendent and/or his staff, the Superintendent may revoke the rental of space for the watercraft and order its immediote removal. Should such owner, master or operator or any person refuse such order, such watercraft rrtoy be removed by the Marina Superintendent. 2. USE OF UTILITIES - Excessive and/or negligent use of electricity or top water, as determined by the Marina Stoff, will cause metering of such utility and the space tenant shall pay an additional cost for such use. as well as the cost for the metering device. 3. CRAFT PROPERLY TIED . All craft shall be berthed with proper care and be secured to its moorages with good line and shall be maintained of all times with respect to safety and appearance. • 4. BATHING. SWIMMING - E. !ering the waters of the City Marina for the purpose of bathing, swimming or wading is prohibited due to the danger of moving watercraft. 5. TRASH OVERBOARD . Trash, refuse or waste of any kind, including the overboard flushing of heads or holding tanks is not permitted inside the rock breakwoter of the City Marina. 6. SPEED LIMIT - No person shall operate a craft greater than 4 mph within 200 feet of the L -Head or T -Heads. Speed of moving croft Inside the City ' + Marina shall be held down to a limit which will leave no wave action from their craft. Craft operators are liable for the damage caused by wave action from their craft. No speedboat contests are permitted within the water areas protected by the City Marina rock breakwater. 7. CATWALKS, BULKHEADS KEPT FREE OF MATERIALS - Materials, trash and/or equipment left upon the docks, catwalks and bulkheads will be removed, without notice, by the Marina Staff. These areas must be kept clean and clear at all times. 8. LAND DWELLING - No person shall be permitted to use the land areas of the L-Heod and T -Heads os a dwelling place for any length of time, whether the person be in a vehicle, tent, improvised shelter, or without shelter. An overnight stay shall constitute using the land area as a dwelling place. 9. WATER DWELLING - No watercraft whatsoever which is being used by the person or persons aboard as a dwelling place shall be permitted to moor, tie-up or anchor within the protected waters of the City Marina, except regular space tenants and registered transient craft shall be permitted to stay aboard their craft for five (5) consecutive days only, provided their craft is equipped with a holding tank or the shore restrooms are used, and provided a permit is obtained from the Marino Supervisor. 10. BOAT REPAIR AT SPACES - No owner, master, operator or his agent, of a watercraft is permitted to make major hull and/or superstructure repairs while berthed at the space without written permission from the Marina Superintendent who has authority to order the termination of such work. 11. PARKING OF TRAILERS AND VEHICLES . No person shall leave or cause to be left any trash, material, object, vehicle, trailer or equipment upon the land areas of the L-Heod and T -Heads without prior written approval of the Marina Superintendent. 12. SIGNS AND ADVERTISEMENTS - No signs and/or advertisements of whatsoever kind shall be permitted within the City Marina including all land and water areas, without prior written approval of the Marina Superintendent. 13. FISH NETS AND TROTLINES - It shall be unlawful to seine for marine life, drag a net, set out a frotline or sail line, in all the water areas of the City Marina bound by the rock breakwater. 14. TRESPASSING - No person is to be upon any craft, its dock and bulkheads except the space lessee, their guests or agents or persons In the employ of the City for business therein. 15. FUELING AT SPACES • The fueling of inboard tanks on watercraft are hereby prohibited in every place of the City Marina except at the fuel station docks. `, 16. ASSIGNMENT OF SPACES - Upon first arrival, the craft owner or operator must report in to the Marina Office to be assigned a space. -' 17. SPACE ASSIGNED TO SPECIFIC CRAFT - Space is assigned to a specific craft and a specific owner. Any change in the owners craft requires immediate notification of the office of the Marina Superintendent. m m 18. LIMIT TO NUMBER OF SPACES RENTED - No more than five (5) spaces shall be rented at a time, by any parson, firm, organization or corporation O without special agreement in writing by the Marina Superintendent, the City Manager or City Council. 19. DAMAGE TO MARINA FACILITY -any pby pilot,responsible The owner or owners of watercraft, whether operated him or his shall be res nsible for the damage his craft may cause tc the Morino space fixtures. 20. CRAFT DETERIORATING IN SPACE • Any craft which becomes badly deteriorated such as to be likely to damage any other objects or vessels, or O which might become a menace to navigation, shall be removed at once by the craft owner at his sole expense, or shall be removed by the Marina Superintendent at the craft owner's expense. n 21. CRAFT REGULATION EQUIPPED • Croft in the City Marina shall be equipped according to the U. S. Coast Guard regulations and operated accord- ing to the "Rules of the Road" and the navigation laws of the United States. 22. BILGEWATER, OILS AND INFLAMMABLES - It is unlawful for any person to discharge or permit the discharge of any oily bilgawater, oil or — .T inflammable liquids of whatsoever kind in the waters of the City Marina. 23. GEARBOXES - Gearboxes may be rented from the City Marina or the space tenant may provide his own at his assigned space, provided the design specifications are the same as provided by the Marina Superintendent. •n 24. PARKING - All parking areas, including parking lots and curb parking, ore for the use of the general public while Indulging in recreational activ- ities. The parking areas are under the control of the City Marina supervisory staff. No owner, master, operator or any person in charge of any m watercraft shall direct, order or request any other person to refrain from parking any vehicle in any of the designated parking places of the Z - Marina L-Heod and T -Heads. to 25. NOTIFICATION OF HAZARDOUS CONDITIONS - Tenants shall notify the Marina Superintendent, in writing, of any conditions, defects, or failing- m of the tenants slip/space, docks or other property that may become hazardous and/or require repair or maintenance. Tenants shall also notify the Marina office of any vandalism, theft, or other pending or committed crime in the Marina area. SPECIAL REGULATIONS FOR CHARTER BOATS ,J .r 1 1. CHARTER BOAT - A charter boat shall be defined as any croft which is for temporary charter, rent or hire, and is commonly referred to as: Head boat, party boat, party fishing boat, tour boat, sightseeing boat, excursion boat or charter fishing boot. • 2. IN ADDITION to the rules -and regulations provided herein, a charter boot owner, master or operator shall comply with each of the following special regulations: - - A) Purchase his own electric meter and pay for ail such electrical use. B) All signs, awnings and ticket booths shall conform to the City Ordinances specially written for their control or they shall ba removed, without notice, by the Marina Supervisory Stoll. C) Solicitation of passengers shall be confined to the rented space and no person shall attract passengers by means of arm waving or excessive noise. including music. That the foregoing ordinancew s read for he fir t tie and passed to its second reading on this the /o' day of , 19 g'7 , by the following vote: Betty N. Turner Clif Moss David Berlanga, Sr. Bill Pruet Leo Guerrero Mary Rhodes Mary Pat Slavik Linda Strong That the foregoing ordinance was read for te second time and passed to its third reading on this the $' day of following vote: Vrefrtt Flcnder Betty N. Turner , Clif Moss David Berlanga, Sr. Bill Pruet Leo Guerrero Mary Rhodes F -a -k -Mendez Mary Pat Slavik Linda Strong That the foregoing ordinance was read for the third time and passed finally on this the 5 day of n , 19 $ g , by the following vote: Betty N. Turner Ci.c-i,2L Clif Moss David Berlanga, Sr. Bill Pruet Leo Guerrero Mary Rhodes Frank Mendez Mary Pat Slavik Linda Strong , 19 g7 , by the PASSED AND APPROVED, this the ATTEST: 5 - City Secretary APPROVED: /7.0AY OF /!/o4 , 191 HAL GEOR TY ATTORNEY 99.044.01 t City Attorney THE CITY OF CORPUS CHRISTI, TEXAS 20145 State o -F Te__.ts, County of Cdr:ue=es a s+1 PUYeL Sh :i`5 ,y iF i TDAJ .i a ffr 716 d.1 Before me, the _-___ ; _ . _ Public, day a _ came Yr +- D 'ilazs - -- r'- '- _ j .-` I c t - r Deanne Palmer, who �r� _.ei"' � sworn, according_ � _a�, `=.�i. that she is a Senior: Accounting i_ iul'% of the Corpus Ch inti Caller- Times, mallei"Times, a daisy newspaper published at Corpus Christi in said County and State, generally circulated 1 i,..33n-as, Ree, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, ,un WellS, Karnes, .ienedl, Kieoerg, Live Oak, Refugio, efLgIri Sal Patricio, and Victoria Cilltie ,and that the publication of "NOTICE OF PASSAGE OF ORDINANCE #20 x3 AUTHORIZING" of Which the annexed is a true copy, was published in the Corpus Christi gists Caller -Times on the 10 day of January 1933 and each day there- after for one consecutive dai7Y (s one Times 29,90 Sub. c tl bed and s ,,�4p1 irk' s �j> Eugenia 5 'Cortez Notary , s c- Nueces County, Texas My commission expires on , 1, t_; x_ beniLr• ___ocouT. t fig ti `s rk before me 13 day jafua_j} 1988 fLG ) ir r ..orpus cnnsti NOTICE OF PASSAGE or ORDINANCE #20148 AUTHORIZING. THE EXECU- TION OF A FIVE YEAR LEASE AGREEMENT WITH THE U.S ARMY CORPS OF ENGINEER FOR THE LEASE OFA SLIP I THE MARINA. The revenue paid to the City of CorpUU Christi will be $119.17 per month. The 'erm of the con- tract is for one year and will be self renewing for five years,, unless terminated by party as provided. Was passed and approved on third reading by the City" 1 Council of the City of Corpus Christi, Texas on the 5th day of January, 1988 and the full avail- abletext to the public in the Office of the City Secretary. /s/ Armando Chapa City Secretary Corpus Christi, Texas Deanne D. Palmer, wno being .first Culv sworn, accorting to law, that End is a Senior •Accounting Clerk Q+ the Corpus Christi : and State, generally I ated in Aransas, BEE ac-OOVS Cameron, Duval, r..:a:..;....l Hogg,Karnes,. "... ........ -, K'iebg!2rg,Live "NHiH:H MH which the annexed is a true copy, thc:, Caller -Times on the dav December ic127 anL each day one Times Senior Accot !•mou;.-.:.......l...: t....... .. and swornNotary Public, Nueces County,My gommission expires on 6,1C 89 ,-s_me. this 16 day o -f December, 1987 NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECU- TION OF A FIVE YEAR LEASE AGREEMENT WITH THE U.S. ARMY i'ORPS OF ENGINEERS FOR THE LEASE OF A SLIP IN THE MARINA. The revenue paid to the City of Corpus Christi will be $119.17 per month. The term of the con- tract is for one year and will be self renewing for five years unless terminated by either party as provided. Was passed and approved c on second reading by the City ' Council of the City of Corpus Christi, Texas on the 8th day of December, 1987 and the ) full text of said ordinance is available to the public in the f Office of the City Secretary. /9/ Armando Chapa ✓ City Secretary Corpus Christi, Texas PUBLISHER'S AFFIDAVIT State of Texas, 7 City of C C County of Nueces ] ss: Ad # 74808 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, ge=nerally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jiril Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 6 day of December 1987 , and each day there- after for one consecutive day (s) one Times $31.@!5, Senior Accounting Clerk. scribed• aM o»-1-' before me this 8 day of December, 1987 Edna ,oster / Notary Public, Nleces County, Texas My commission ex * i-1'es on 11.30.88 NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECU- TION OF A FIVE YEAR LEASE a AGREEMENT WITH THE U.S. I e ARMY CORPS OF ENGINEERS s FOR THE LEASE OF A SLIP IN THE MARIN^ The revenue paid to the City of Corpus Christi will be $119.17 per �" month. The term of the con - E tract is for ono year and will E be self renewing for five years a unless terminated by either E party as provided. 77 Was passed and approved on first reading by the City Council of the City Of Corpus Christi, Texas on the 1st day - of December, 1987 and the 3 full text of said ordinance is available to the public in the 1 Office of the City Secretary. /s/ Armando Chapa City Secretary Corpus Christi, Texas