HomeMy WebLinkAbout020355 ORD - 06/21/1988AN ORDINANCE
AUTHORIZING THE MARINA SUPERINTENDENT TO EXECUTE A ONE-MONTH
LEASE OF THE L -HEAD BAITSTAND FOR A CONSIDERATION OF NOT
LESS THAN $400 PER MONTH, AND TO EXECUTE UP TO FIVE
SUBSEQUENT ONE-MONTH LEASES FOR NOT LESS THAN $400 PER MONTH
UNTIL A LONG TERM LEASE CAN BE FINALIZED; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the Marina Superintendent is hereby authorized to
execute a one-month lease of the L -Head Baitstand for a consideration of not
less than $400 per month, and to execute up to five subsequent one-month leases
for not less than $400 per month until a long term lease can be finalized, a
substantial copy of which is attached as 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 for
the efficient and effective administration of City affairs, 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
resolution is passed and shall take effect u on first reading as an emergency
measure this the a-� day of TYLt , 19 x $ .
City Secretary
APPROVED: a-1 DAY OF f.,w.c , 19$ j?'
HAL GEORGE, CITY ATTORNEY
By
ant City kttor
206JB104.res
YOR
THE CITY OF CORPUS CHRISTI, TEXAS
20355 MICROFILMED
LEASE AGREEMENT 5/26/88
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This Agreement is made and entered into by and between the
City of Corpus Christi, a municipal corporation operating under
the home rule statutes of the State of Texas, located in Nueces
County, Texas, hereinafter called "City", and Patricia Jane
Stubbs and Ralph Seafood, Inc., a Joint Venture hereinafter
called "Lessee", and Lester B. Ralph, Jr., individually, as
guarantor;
W ITNESSET H:
1. LEASED PREMISES. City, in consideration of Lessee's
faithful performance of the covenants described herein, hereby
leases to Lessee the following described premises (hereinafter
the "Leased Premises") for a period of five (5) years, such lease
term to begin 90 days after third reading of the ordinance
authorizing execution of this Lease.
that certain approximately square foot area
located over the water on the northwest corner of the
L -Head within the City of Corpus Christi, Nueces
County, Texas including improvements thereon (a 25' x
31.5' shed with sink, sales counter and bait well) as
more specifically described on the attached Exhibit A.
2. USE. The Leased Premises shall be used for the sole
purpose of operating a seafood business and baitstand, and
Lessee's activities shall be limited to the following:
A. direct sales to the public of food and drink items
such as wrapped sandwiches, hot dogs, popcorn,
packaged chips, peanuts, soft drinks, ice,
packaged beer and wine for off -premises
consumption, beer and wine for on -premises
consumption, candy, ice cream, snow cones, and
seafood (fresh, frozen and cooked). Seafood sold
hereunder may be purchased by Lessee, as well as
caught through Lessee's fishing operations.
B. direct sales to the public of fish bait (live and
dead), fishing tackle, sunglasses, beach towels,
and suntan lotion.
C. rental of fishing equipment and boats to the
public. No more than six fishing boats for rental
may be kept on or about the leased premises
without the written consent of the Marina
604JB012.agr.dv 1
Superintendent. Lessee shall provide
indentification numbers in writing to the Marina
Superintendent of all boats to be leased. Lessee
is solely and exclusively responsible for the safe
operation and condition of leased boats. No boat
shall be rented hereunder without a motor, in good
operating condition, provided by either Lessee or
the renter. No boat shall be rented for operation
by rowing or paddling.
D. cleaning fish and shrimp; however., no waste from
same shall be allowed to enter Marina waters.
The Marina Superintendent may authorize sales or rentals of other
items of like kind. No sale shall be made of any item in a glass
container. All sales and rental must be in compliance with all
federal, state, and local laws.
3. RENT. For and in consideration of the rights and
privileges herein granted, Lessee hereby agrees to pay City each
month six percent (6%) of the preceding calendar month's gross
receipts from all sales, rentals, and activities on the leased
premises less sales tax, or eight hundred and fifty dollars
($850.00), whichever is greater, said payment being due and
payable at the office of the Collections Section of the Finance
Department, 319 N. Mesquite, P.O. Box 9277, Corpus Christi, Texas
78469, on or before the tenth day of each month during the term
of this Agreement, accompanied by the certified monthly financial
statement required by this Agreement.
4. REFUND. -The minimum monthly rental for said leased
premises will be refunded on a pro rata basis based on the ratio
of the number of unusable days to a thirty -day month when the
buildings are rendered unusable because of damage resulting from
fire, water, or wind not caused by negligence of Lessee.
5. RECORDKEEPING. Lessee shall furnish to the City's
Director of Finance a certified monthly statement of gross
receipts on or before the tenth day of each month during the term
of this Agreement itemizing dates nd times of operation, which
statement form shall be approved prior to commencement of this
lease by said director. Said statement form may be altered from
time to time at the discretion of said director. Lessee shall
keep strict and accurate books of account of all receipts
collected. Said books of account shall be open for inspection,
copying, or audit by City at all times. All underlying
documentation for Lessee's certified monthly statements,
including cash register tapes, purchase orders, invoices, sales
receipts and the like, shall be preserved by Tenant during the
lease term and for at least two years thereafter. City may
terminate this lease for failure to preserve such records or to
provide them to City upon request.
604JB012.agr.dv 2
6. DELINQUENCY. Lessee shall be deemed "delinquent" if
the City has not received Lessee's monthly rental payment and
financial statement on or before 5:00 p.m. on the tenth (10th)
day of the month. If the tenth day of the month falls on a
weekend or a holiday, payment and financial statement shall be
tendered on the first business day thereafter. Lessee shall be
in default for purposes of paragraph 28 if Lessee fails or
refuses to pay the amount due and/or provide the required
financial statement within five (5) days after City has sent
written notice of delinquency to Lessee. Should said rental not
be received by the twentieth day of the month, it is agreed that
the full rental amount due or any portion remaining owing shall
bear interest at the rate of ten percent (10%) per annum or the
maximum allowable legal rate of interest, whichever is less, from
said twentieth day until paid. Such interest shall be payable
immediately upon demand.
7. BOAT SLIPS. Lessee shall have the option, at the
standard rate and terms established by ordinance now or as
amended, to rent the two boat slips, presently numbered 13A and
14, immediately north of the Leased Premises for berthing
Lessee's shrimp boat or boats. Such option must be exercised by
written notice to the Marina Superintendent within ninety (90)
days of the effective date of this Lease. Provided, however, at
any time during said 90 days when Lessee is not renting such slip
or slips pursuant to this option, the Marina Superintendent may
rent such slip or slips to transient craft.
8. ASSIGNMENT. Lessee shall not assign nor convey any of
the rights herein granted without the written approval of the
City Manager first being obtained. "Assignment" shall include
any change over any period of time of more than ten percent (10%)
of Lessee's ownership interests. "Assignment" shall include
dissolution of Lessee's Joint Venture. Provided, dissolution
shall not discharge or relieve either joint venture of his or her
obligation for future performance of the covenants herein.
9. COMPLIANCE WITH LAW. Lessee shall comply with all City
health regulations and ordinances, including obtaining required
permits and installation of required equipment of the City as
they affect the concession operation.
10. PRICE SCHEDULE. Lessee shall post in a conspicuous
place on the Leased Premises a schedule of prices for all items
to be sold which are not in excess of those charged under similar
conditions elsewhere in the City.
11. REFUSE. Lessee shall maintain a clean and neat
operation within the leased area and properly dispose of_ any
debris or refuse resulting from operation of said premises.
12. UTILITIES/ELECTRICITY. Electricity and water used by
Lessee will be provided by City at no cost to Lessees, except
that air conditioning equipment and service is to be at Lessees'
expense.
604JB012.agr.dv 3
13. HOURS OF OPERATION. Lessee shall open to the public
and operate the Leased Premises, at a minimum, during the
following days and times:
Winter Hours (December, January, February)
Sunday - Friday 6:00 a.m. to 6:00 p.m.
Saturday 6:00 a.m. to 8:00 p.m.
Normal Hours (March, April, May, June, July, August,
September, October, and November)
Monday - Saturday 6:00 a.m. to 10:00 p.m.
Sunday - 6:00 a.m. to 8:00 p.m.
Provided, however, the Marina Superintendent may require that
Lessee open at 5:00 a.m. for some or all days from the Memorial
Day weekend through the Labor Day weekend. The hours of
operation on the bait stand shall be strictly complied with,
unless the temperature is below 40°F., small craft and hurricane
warnings are posted, or a severe weather alert prevents
operations. Other closings require the written consent of the
City's Marina Superintendent.
14. ALTERATIONS/IMPROVEMENTS. Lessee shall not make
alterations, additions or improvements to the Leased Premises
without prior written consent of the City Manager. The City
Manager may approve, in advance of construction of authorized
improvements, that the fair value of such improvements or a
portion thereof, when said improvements are satisfactorily
completed according to the written specifications approved in
advance by the City Manager, be applied as a credit to Lessee's
rent hereunder. Such value may, if approved by the City Manager,
include Lessee's financing costs, if any, or a portion thereof.
Any approved cost of improvements shall be deducted from rent in
equal monthly amounts for the remainder of the lease term. The
City Manager may approve improvements as provided herein at any
time after third reading of the ordinance approving this Lease.
Improvements shall become the property of City upon expiration
and termination of this Lease, except as agreed in writing by
City Manager prior to construction.
15. SIGNS. Lessee shall not place, paint, or otherwise
affix any signs at, on or about the property, or any part
thereof, except as first approved in writing by the City's Marina
Superintendent. The City shall have the right at any time to
require Lessee to remove, paint or repair any of the signs
allowed. Should Lessee not remove, paint or repair said signs
within ten days of demand thereof in writing, the City may
fulfill its demands and charge the expense of same to Lessees.
16. OUTSIDE STORAGE. Lessee shall not place ice -making
machines, iceboxes, or storage boxes in or around the leased
premises without prior written approval of the Marina
Superintendent.
604JB012.agr.dv 4
17. MAINTENANCE. City will maintain the exterior of
buildings on the Leased Premises and utility lines serving same
and Lessee will maintain the interior of the buildings, including
painting and light fixtures.
18. SUBLETTING. Lessee shall not sublet, or attempt to
sublet, the leased premises without the prior written consent of
the City.
19. INDEMNITY. Lessee shall fully indemnify, save and hold
harmless the City of Corpus Christi, its officers, employees, and
agents (hereinafter "the Indemnitees") against any and all
liability, damage, loss, claims, demands and actions of any
nature whatsoever on account of personal injuries (including,
without limitation on the foregoing, workers' compensation and
death claims), or property loss or damage of any kind whatsoever,
which arise out of or are in any manner connected with, or are
claimed to arise out of or be in any way connected with, the
performance of this Agreement, unless such injury, loss or damage
shall be caused by the sole negligence of Indemnitees. Lessee
shall at its own expense investigate all such claims and demands,
attend to their settlement or other disposition, defend all
actions based thereon and pay all charges of attorneys and all
other costs and expenses of any kind arising from any such
liability, damage, loss, claims, demands, and actions.
20. INSURANCE. Lessee shall, during the lease term, obtain
and carry a policy of general liability insurance on the leased
land and improvements thereon, including coverage for every
activity to be engaged in on the premises including but not
limited to coverage for poisoning or illness from food or drink,
boat rentals and alcoholic beverages, by terms of which the City
shall be named as additional insured. Such policy shall include
coverage in the amount of Five Hundred Thousand Dollars
($500,000.00) combined single limit for bodily injury or death,
and Fifty Thousand Dollars ($50,000.00) for a claim of property
damage. The City shall be furnished with a certified copy of
such effective policy of insurance prior to the commencement of
the lease term. Said policy shall include a provision that the
policy may not be canceled or terminated until the City has been
given thirty (30) days written notice of such cancellation. City
may require reasonable increases in said coverage so that the
present real value of said coverage is not diminished over the
course of this lease. Lessee shall also, at its expense, cover
all its employees with workers' compensation insurance to the
State law limit.
21. SPECIAL EVENTS. Lessee acknowledges that City may
authorize special events on the L -Head, including but not limited
to the Ultimate Yacht Race, and that City may authorize other
concessions on the L -Head during such events.
22. NON-DISCRIMINATION. Lessee warrants that it is and
will continue to be an Equal Opportunity Employer and hereby
604JB012.agr.dv 5
covenants that no employee or customer shall be discriminated
against because of race, creed, sex, handicap, color, or national
origin.
23. INSPECTION. City personnel shall have the right to
enter upon the leased premises at all times for purposes of
inspection to protect its interest as lessor. Nothing in this
lease agreement shall be construed to restrict City in the
exercise of its police powers.
24. LEASE RELATIONSHIP. It is specifically agreed and
understood that the parties intend and do hereby create a
landlord/tenant relationship, and this agreement shall be
construed conclusively in favor of that relationship. 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 herein
other than that of landlord and tenant.
25. TAXES AND CHARGES. Tenant shall timely pay all ad
valorem and other taxes, if any, which have been or shall be
levied, assessed or otherwise imposed on the demised premises and
improvements thereon during the lease term. It is the intent of
this lease that City shall receive the rental specified in this
lease net and clear of all costs or charges relating to the
demised premises, and that Tenant shall pay all charges and
expenses of every nature that may be imposed upon the demised
premises and its appurtenances during the term of this lease
except as expressly provided herein.
26. CHANGES IN LEASE. This lease contains the entire
agreement between the parties. None of the covenants, terms or
conditions of this lease shall in any manner be altered, waived,
changed or abandoned except by a written instrument, duly signed
by the parties hereto, and not otherwise, and no act or acts,
omission or omissions or series of acts or omissions, or waiver,
acquiescence or forgiveness by the City as to any default in or
failure of performance either in whole or in part by Lessees as
to any of the covenants, terms or conditions of this lease, shall
be deemed or construed to be a waiver by the City of the right at
all times in the future to insist upon the full and complete
performance by Lessee of each and all the foregoing covenants,
terms and conditions thereafter to be performed according to the
provisions of this lease in the same manner and to the same
extent as the same are herein covenanted to be performed by the
Lessee.
27. LIABILITY OF LESSEE. Lessee shall be liable to City
for any damage to City property caused by Tenant, or its
officers, agents, or employees. City does not and will not in
604JB012.agr.dv 6
any way be responsible or liable for any of the financial
obligations which may be incurred or created by Lessee, or its
officers, agents, or employees. Lessee shall have no authority
to act for City in any respect.
28. TERMINATION.
1. Upon occurrence of any Event of Default, City may, at
its option, in addition to any other remedy or right given
hereunder or by law,
(a) Give notice to Lessee that this lease shall terminate
upon the date specified in the notice, which date shall
not be earlier than five (5) days after the giving of
such notice, or
(b) immediately or at any time after the occurrence of such
Event of Default, and without notice or demand, enter
upon the demised premises or any part thereof in the
name of the whole,
and upon the date specified in such notice, or in any other
notice pursuant to law, or upon such entry, this lease and the
term thereof shall terminate.
2. Each of the following shall be deemed an Event of
Default:
(a) default in the payment of rent or other payments
hereunder;
(b) intentional, knowing, or fraudulent failure under
paragraph to maintain strict and accurate books of
account, to furnish an accurate statement of gross
receipts to the City, or to furnish said books of
account to City for inspection;
(c) failure to have in effect at all times a policy of
liability insurance as provided in paragraph 20;
(d) abandonment of the premises;
(e) possession of or permitting controlled substances on
the Leased Premises, or dealing in such substances.
(f) if Lessee shall default in the performance or
observance of any other covenant or condition of this
lease by Lessee to be performed or observed, or if
Lessee shall fail to make reasonable efforts in the
light of the surrounding circumstances to keep
substantially all the premises occupied and open for
business, the expiration of the period of fifteen (15)
days after giving notice of such default or failure to
Lessee by City;
3. Upon termination of this lease as hereinabove provided,
or pursuant to statute, or by summary proceedings or otherwise,
City may enter forthwith without further demand or notice upon
any part of the premises, in the name of the whole, if it has not
theretofore done so, and resume possession either by summary
604JB012.agr.dv 7
proceedings, or by action at law or in equity or by force or
otherwise, as City may determine, without being liable in
trespass or for any damages. In no event shall such reentry or
resumption of possession or reletting as hereafter provided be
deemed to be an acceptance or surrender of this lease or a waiver
of the rights or remedies of City hereunder.
4. Upon termination of this lease in any manner as herein
provided,.or by summary proceedings or otherwise, Lessee shall
pay to City forthwith without demand or notice the sum of the
following:
(a) all rent accrued to the date of such termination and a
proportionate part of the rent otherwise payable for
the month in which such termination occurs;
(b) the cost of performing all covenants of the Tenant
relating to the condition of the premises during the
term and upon expiration or earlier termination of this
lease;
(c) the cost of the following:
(1) obtaining possession of the premises;
(2) removal and storage of Lessee's or other
occupant's property;
(3) reasonable expenses and attorneys fees necessary
to enforce this agreement.
The foregoing rights and remedies given to City are, and shall be
deemed to be, cumulative of any other rights of City under law,
and the exercise of one shall not be deemed to be an election,
and the failure of City at any time to exercise any right or
remedy shall not be deemed to operate as a waiver of its right to
exercise such right or remedy at any other or future time.
29. HOLDING OVER. If Lessee shall, with the knowledge or
consent of City, continue to remain on the Leased Premises after
the period for which it is hereby leased, then in such case
Lessee shall become a tenant from day to day, notwithstanding the
duration of time for which rent may be paid, and the City Manager
shall have the absolute right to terminate such tenancy upon 24
hours notice.
30. PUBLICATION COSTS. Lessee shall reimburse City for the
cost of publishing in the legal section of the local newspaper
the lease description required by the City Charter.
31. L -HEAD IMPROVEMENTS. Lessee and City acknowledge that
City may, during the term of this Lease, undertake improvements
on the L -Head which may adversely affect Lessee's volume of
business. In such event Lessee and City Manager will agree to a
reduction in rent during any such period reasonably proportionate
to Lessee's loss of business as indicated by Lessee's history of
operations under this Lease; provided, that such reduction shall
be contingent upon Lessee's continued best efforts to maximize
its volume of business. Lessee and City Manager may agree to
604JB012.agr.dv 8
reduction in Lessee's minimum business hours during any such
period.
32. GUARANTY. Lester B. Ralph, Jr., individually,
unconditionally guarantees to City all obligations of Ralph
Seafood, Inc., under this Lease, and agrees that City may proceed
directly against Lester B. Ralph, Jr., individually, with or
without joining Ralph Seafood, Inc., at City's discretion, to
enforce any.claim City may make under this Lease.
4'
33. NOTICES. Any notices provided for under this lease may
be given, in writing, to City, by delivering or mailing the
notice to the Director of the Park and Recreation Department at
City Hall, P.O. Box 9277, Corpus Christi, Texas 78469, and to
Lessee by delivering the notice or placing it in first-class mail
to either Patricia Jane Stubbs 4334 Ocean Drive, Corpus Christi,
Texas 78412, or Lester B. Ralph, Jr., 214 Shore Drive, Portland,
Texas 78374, or such other address as may be furnished by either
party to the other in writing.
34. CAPTIONS. The captions employed in this Lease are for
convenience only and are not intended to and shall not in any way
limit or amplify the terms or provisions hereof.
WITNESS OUR HANDS at Corpus Christi, Texas, this the
day of 1988, in duplicate
originals, both of equal force and effect.
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED:
HAL GEORGE, CITY ATTORNEY LESSEES
By:
Assistant City Attorney Patricia Jane Stubbs
Date:
604JB012.agr.dv 9
Ralph Seafood Inc.
By:
Lester B. Ralph, Jr.
President
GUARANTOR:
Lester B. Ralph, Jr.
Individually
604JB012.agr.dv 10
BULK HEAD
Corpus Christi, Texas
day of , 1988
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
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
The above ordinance
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
99.045.01
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
was passed by the following vote:
20355