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Home My WebLink About020286 ORD - 04/26/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL LEASE AGREEMENT WITH ULTIMATE YACHT RACE, INC. TO ALLOW USE OF THE SOUTHERN PORTION OF THE L -HEAD FOR THE 1988 EVENT; AND DECLARING AN EMERGENCY. 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 supplemental lease agreement with Ultimate Yacht Race, Inc. to allow use of the southern portion of the L -Head for the 1988 event, all as more fully set forth in the Supplemental Lease Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned Supplemental Lease Agreement at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the .Q,i-k) day of , 19gg . ATTEST: //d1'"g1) /7 City Secretary MA OR APPROVED: 2o7 DAY OF 190/ , 19 glr HAL GEORGE, CITY ATTORNEY 206RP055.ord THE CITY OF CORPUS CHRISTI, TEXAS 20286 M%CROFILMED THE STATE OF TEXAS COUNTY OF NUECES SUPPLEMENTAL LEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This Supplemental Lease Agreement (this "Agreement") is entered into by and between the City of Corpus Christi (the City) and Ultimate Yacht Race, Inc. (UYR). WHEREAS, the City by Lease Agreement with UYR approved by Ordinance 19866 authorized the annual use of the northern half of the L -Head ("UYR Lease Agreement"). WHEREAS, additional area on the L -Head is requested for the scheduled 1988 event by UYR; NOW THEREFORE, for and in consideration of the premises, covenants, and agreements herein contained, the City and UYR agree as follows: Section 1. Subject to the terms and upon performance of the condi- tions hereinafter provided and the UYR Lease Agreement, City hereby leases unto UYR, for the purpose of holding a series of yacht races and related activities the following described City property: The Southern, one half of the L -Head, approximately 89,000 square feet, said area being more fully described in Exhibit "A" attached hereto ("the leased premises"); and associated wet storage berths, to be leased at the prevailing rate at the time of the event. Additional Wet Storage of yachts will be provided with the following conditions: a) the current prevailing rate for each slip, dockage or mooring will be paid by UYR. b) the wet storage will be provided for the race week only; it will not include the setup or takedown period. c) maximum efforts will be made by the City to provide a centralized location for the dockage of contestants' yachts. d) all other craft, to include committee boats, tenders, etc. must make individual dockage arrangements with the City's Marina Supervisor. It is understood and agreed that no concessions shall be allowed on the leased premises without the approval of the Marina Superintendent. Section 2. Payment of four percent (4%) of the gross receipts for concessions, or any revenues, other than entry fees, derived from the 300rp771.pld.nl 1 event shall constitute consideration paid by UYR to the City for the leased premises. Section 3. This lease is for a term commencing May 2, 1988 to May 16, 1988, UYR shall be entitled to nonexclusive use (for purposes of set-up and takedown) of the leased premises described in Section 1 and to the exclusive use of said premises for a period of ten days com- mencing May 6, 1988 and ending May 15, 1988. Section 4. UYR shall be entitled to block off the leased portion of the L -Head effective upon the temporary closing of the L -Head as provided by the UYR Lease Agreement. Otherwise, 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 keep such driveways open and unoccupied by structures or equipment. Section 5. UYR shall provide for litter collection, street sanitation services and trash pickup on the leased premises. Section 6. UYR shall provide certain barricades and uniformed securi- ty personnel in sufficient number, as determined by the Marina Super- intendent, to provide for internal security during the races. City shall provide additional police services for crowd and traffic con- trol, outside the leased portion of the L -Head. Section 7. UYR shall furnish comprehensive general liability insur- ance 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 injury or death, $1,000,000 per occurrence, and $100,000 property damage, and shall name the City of Corpus Christi, Texas as additional insured. A Certificate of Insurance, providing for the above shall be furnished to the City's Marina Superintendent. Section 8. UYR shall indemnify and hold harmless the City, its offi- cers, employees, and agents from any and all loss or damage to proper- ty, injuries, or expense, liability, actions or proceedings of any kind whatsoever in any way resulting from, or arising out of planning, preparation, construction, operation, or dismantling of any UYR structure, or its activities, facilities, equipment, or premises used in connection with such race. At its own cost and expense, UYR will defend and protect the City from any and all such claims or demands and will defend all suits arising therefrom. The obligation of UYR to 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 such claim, demand, loss or damage shall be determined to result from, or be caused by negligence of the City, its officers, employees and/or agents. Section 9. Any damage to city property will be restored by UYR promptly after the close of the event. 300rp771.pld.nl 2 Section 10. Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall, must be approved by City's Marina Superintendent and no such approval may be given if the work will require repair by the City. Section 11. The construction work displays within the areas affected by this Agreement shall be conducted in accordance with City specifi- cations and building codes and after furnishing adequate assurance that all damages will be remedied by UYR. Section 13. City and UYR hereby agree that any disputes which may arise between them concerning this Agreement, such as determining the amount of damage to City property occurring as a result of UYR activi- ties 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 Manger has been sent to UYR. In the event of such appeal, the decision of the City Council shall be final. Section 14. UYR agrees to maintain such fire lanes upon the property herein described as may be designated by City's Fire Chief. Section 15. 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 writing. Section 16. Any failure on the part of UYR to perform any of the covenants contained in this Agreement or the UYR Lease Agreement, or any breach of any covenant, term, or condition of this Agreement or the UYR Lease Agreement shall be cause for the City to forthwith terminate this Agreement without notice or demand of any kind, not- withstanding any license issued by the City and no forbearance by City of any prior breach described herein by UYR shall be deemed a waiver by or estoppel against City. In case of any such termination City shall be entitled to retain any sums of money theretofore paid by UYR and such sums shall inure to the benefit of City as a setoff against any debt or liability of UYR to City otherwise accrued by breach hereof. This the day of , 1988. ATTEST: CITY OF CORPUS CHRISTI City Secretary Juan Garza, City Manager 300rp771.pld.nl 3 APPROVED: ULTIMATE YACHT RACE Hal George, City Attorney PRESIDENT DAY OF , 1988. Assistant City Attorney 300rp771.pld.nl 4 Corpus Christi, Texas k,94) day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 198? For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAY 46,4~, THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero ay, Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong J aipaott 99.045.01 20266