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Home My WebLink About020679 ORD - 05/23/1989Zeii MICRO II MMED SUPPLEMENTAL LEASE. AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 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, stem, and Shoreline Boulevard median is requested for the scheduled 1989 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 conditions 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; 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. The narrower portion of the L -Head stem, Sherrill Park and the area to the south between the lanes of Shoreline Boulevard, said area being more fully described in Exhibit "B" attached hereto. SECTION 2. Payment of four percent (4%) of the gross receipts for concessions, or any revenues, other than entry fees, derived from the event shall constitute consideration paid by UYR to the City for the leased premises. UYR will also obtain at least one hour of national television coverage of the Ultimate Yacht Race in Corpus Christi. SECTION 3. This lease is for a term commencing May 31, 1989, through June 4, 1989. SECTION 4. UYR shall he 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. City shall provide for litter collection, street sanitation services and trash pickup on the leased premises. SECTION 6. City 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 services for crowd and traffic control, outside the leased premises. SECTION 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 injury or death, $7.,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 officers, employees, and agents from any and all loss or damage to property, 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 paracraph 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. 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 specifications, and building codes and after furnishing adequate assurance that all damages will be remedied by UYR. SECTION 12. 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 activities 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. tcn (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. SECTION 13. UYR agrees to maintain such fire lanes upon the property herein described as may he designated by City's Fire Chief. SECTION 14. 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 15. 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, notwithstanding 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 is the day of , 1989. ATTEST: CITY OF CORPUS CHRISTI City Secretary Juan Garza, City Manager APPROVED: DAY OF , 1989 ULTIMATE YACHT RACE, INC. IIAL GEORGE, CITY ATTORNEY Dy: Assistant City Attorney President SOUTH SHoRECIry E" Cyp cowceyl� o i /�- �UrN C -r flINE v BC Vp Corpus Christi, Texas day of /\ Uil- , 198 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 ano 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, 99.045.01 Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance ;as passed by the following vote: Betty N. Turner David Berlanga, Sr. .) j Leo Guerrero Tom Hunt Edward A. Martin `7 Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. ,