HomeMy WebLinkAbout021092 ORD - 03/05/1991AN ORDINANCE
AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE
AGREEMENT WITH PATRICIA JANE STUBBS CONCERNING THE
L -HEAD BAIT STAND; AND PROVIDING FOR PUBLICATION.
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 Patricia Jane Stubbs for the L -Head Bait Stand, 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.
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.
ORD3:91008
MOOFII AID
LEASE AGREEMENT
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 laws of the State of Texas, located
in Nueces County, Texas, hereinafter called "City", and Patricia Jane Stubbs hereinafter
called "Lessee";
WITNESSETH:
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 commencing sixty days
after final approval by City Council:
that certain approximately 3600 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, shelves, bait boxes, circulation lines, pumps, and bait well, all
of which are hereby acknowledged by Lessee to be City property) as more
specifically described on the attached Exhibit A (hereinafter the "Leased
Premises").
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, taquitos, 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
AGR. SE90001.aar 1
of the Marina Superintendent. Lessee shall provide
identification 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 nine hundred and fifty dollars ($950.00), whichever is greater, said payment being due
and payable at the office of the Collections Section of the Finance Department, 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 and 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 Lessee 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. Lessee shall provide the
Marina Superintendent copies of its quarterly sales tax reports for all sales at the Leased
Premises. Failure to provide said copies shall be cause to terminate this lease.
AGR -LSE 90001.aar 2
6. DELINOUENCY. 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 26 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. ASSIGNMENT. Lessee shall not assign nor convey any of the rights herein
granted without the prior written approval of the City Manager first being obtained.
8. 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.
9. 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.
10 REFUSE. Lessee shall maintain a clean and neat operation within the Leased
Premises and properly dispose of any debris or refuse resulting from operation of said
premises.
11. UTILITIES/ELECTRICITY. Electricity and water used by Lessee will be
provided by City at no cost to Lessee, except that air conditioning equipment and service
is to be at Lessee's expense. If air conditioning equipment is used it will be separately
metered and paid for by Lessee.
12. 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.
AGR -LSE 90001.aar
3
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.
13. SIGNS. Lessee shall not place, paint, or otherwise affix any signs at, on or
about the Leased Premises, 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 Lessee.
14. ALTERATIONS/IMPROVEMENTS. Lessee shall not make alterations,
additions or improvements to the Leased Premises without prior written consent of the City
Manager.
15. 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.
16. 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.
17. SUBLETTING. Lessee shall not sublet, or attempt to sublet, the Leased
Premises without the prior written consent of the City.
18. 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.
19. INSURANCE. Before conducting any business, the Permittee shall carry for
the benefit of the public, naming the City as additional insured, Comprehensive General
Liability Insurance, having provision thereof to protect the City in all respects from any
claim which might be presented by reason of the operation of the business, the condition
of the Marina or the condition of the property of the Permittee. Said insurance shall be
evidenced by a certificate furnished to the Marina Superintendent for filing with the City's
copy of the Permit. Said insurance is to have Five Hundred Thousand Dollars ($500,000)
AG R -LSE 90001.aar
4
combined single limit for each occurrence of bodily injury, and property damage. Insurance
must provide for removal of the Watercraft Liability exclusion, coverage for poisoning or
illness from food or drink (sometimes called Food Handler Insurance), coverage for the sale
of alcoholic beverages and such other specific coverage as the City Manager may require.
Permittee is required to carry Worker Compensation Insurance or Longshoremen's and
Harborworkers coverage in amounts required by federal and state law, sufficient to protect
all employees operating any part of this business. A copy of the Workers Compensation
Insurance or Longshoremen's and Harborworkers coverage must be on file at the Marina
Office before any operation of the business is allowed. For the purpose of this Permit, all
equipment and boats used by the Permittee shall be considered her property. Copies of all
insurance policies shall be furnished promptly upon City's written request. All insurance
policies shall include a provision that the policies may not be canceled, terminated or not
renewed until the Marina Superintendent has been given thirty (30) days prior written notice
of such cancellation, termination or non renewal.
20. 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.
21. NON-DISCRIMINATION. Lessee warrants that it is and will continue to be
an Equal Opportunity Employer and hereby covenants that no employee or customer shall
be discriminated against because of race, creed, sex, handicap, color, or national origin.
22. 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.
23. 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.
24. 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
Leased 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 Leased Premises and its appurtenances
during the term of this lease except as expressly provided herein.
25. 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
AGR -ISE 90001.aar 5
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.
26. LIABILITY OF LESSEE. Lessee shall be liable to City for any damage to
City property caused by Lessee, or its officers, agents, or employees. City does not and will
not in 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.
27. 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 5 to
maintain strict and accurate books of account;
(c) failure to furnish an accurate statement of gross receipts to the
City, failure to furnish quarterly sales tax reports for all sales
made of Leased Premises or failure to furnish said books of
account to City for inspection;
AGR-1SE90001.aar
6
(d) failure to have in effect at all times a policy of liability
insurance as provided in paragraph 20;
(e) abandonment of the Leased Premises;
(f) possession of or permitting controlled substances on the Leased
Premises, or dealing in such substances;
(g)
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 Leased 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 Leased Premises, in the name of the
whole, if it has not theretofore done so, and resume possession either by summary
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 Leased Premises during the term and upon expiration
or earlier termination of this lease;
(c) the cost of the following:
(1) obtaining possession of the Lease Premises;
(2) removal and storage of Lessee's or other occupant's property;
(3) reasonable expenses and attorneys fees necessary to enforce this
agreement.
AGR-1SE90001.aar 7
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.
28. 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.
29. 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.
30. 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 reduction in Lessee's minimum business hours during any
such period.
31. 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 Patricia Jane
Stubbs 3030 Santa Fe, 78414, Corpus Christi, Texas or such other address as may be
furnished by either party to the other in writing.
32. 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.
AGR-LSE9000I.aar 8
WITNESS OUR HANDS at Corpus Christi, Texas, this the day of
, 1990, in duplicate originals, both of equal force and effect.
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary Juan Garza, City Manager
HAL GEORGE, CITY ATTORNEY LESSEE
By' (,Gat O111?ttcut
Assistant Ciiy Attorney Pa ricia Jane Stubbs
Date:
AGR -ISE 90001.aar 9
That the foregoing ordinance was read
its second reading on this the
19 0/ , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
r the first ime and passu to
day of 16UZL((tht y
ALL
Edward A.
Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was read for the
tots third reading on this the h day
19(11 , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
secon54 ime and passed
of
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was repd forithe third
finally on this the 5 day of /L jU1(, / l
following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
PASSED AND APPROVED, this the
duck
J
dekolki-
tim nd passed
19 1 , by the
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
day of Ii-ja c L)
riff
Ctey
2tj
YOR
THE CITY OF CORPUS CHRISTI
APPROVED:
011 DAY OF ErvnLulti , 199/ :
JAMES R. BRAY, JR., INTERIM CITY ATTORNEY
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PUBLISHER'S AFFIDAVIT
State of Texas, 3 CITY OF CORPUS CHRISTI Acct. # 0053-18438
County of Nueces 3 ss: Ad # 39154
PO #
Before me, the undersigned, a Notary Public, this day personally came
Annette Mendoza, who being first duly sworn, according to law, says
that she is an Accounting Clerk of the Corpus Christi Caller -
Times, a daily newspaper published at Corpus Christi in said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and
that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON SECOND"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 1001 day of february 19 3 , and each
day thereafter for 0 consecutive day(s).
1 Times
.£ 32.40 Accounting Clerk
3rsoirred, an4isw,orn to before me this 13th day of
DEBRA VILLARREAL
Notary Public, Nueces County, Texas
My commission expires on 4-24-93
February 19_91
PUBLISHER'S AFFIDAVIT
Acct. # 0053-18438
State of Texas, ]CITY OF CORPUS CHRISTI
County of Nueces ] ss: Ad #60954
PO #
Before me, the undersigned, a Notary Public, this day personally came
Annette Mendoza, who being first duly sworn, according to law, says
that she is an Accounting Clerk of the Corpus Christi Caller -
Times, a daily newspaper published at Corpus Christi in said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and
that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST"
of which the annexed is a true'copy, was published in the Corpus
Christi Caller -Times on the 3rd day of February 1991 , and each
day thereafter for 4. consecutive day<s).
1 Times A y thoJ�
$ 32 40 Accounting Clerk N k21
e w a tS before me this 6th day of 'February ,' 2-9 91.
DEBRA VILL .REAL
Notary Public, Nueces County, Texas
My commission expires on 4-24-93
err%
?swabs
lDttWrelri
City Secretary's office.
The ordinance was pealed
and approved on second
reeding by the City Council
of the City of Corpus Chris-
ti, Texas on the 5th clay'
of February, 1991.
/s/Armando Chapa
Qty Secretary
City of Corpus Christi
tr"
110f4 Mt
IT STAND: *anus -
is S9S0
of
ofhPe
pissed
of Corpus
Cfr'ssfr 'TfittaHatin the 28th
,.‘4euary, 1991.
4:t ispawaindo Chips
. of Corpus
-ehY SS=
. mivrire nc or WARING
tfl
nv,not ur r:SSAGE
OF ORDINANCE ON
SECGND READING
AUTHORIZING THE EXECU-
TION OF A FIVE-YEAR LEASE
AGREEMENT WITH PATRI-
CIA
ATRFGIA JANE STUBBS FOR THE
OPERATION OF THE L -HEAD
BAIT STAND; remuneration
to the City is 5960 per month
or 6% of gross receipts..
whichever is greeter.
A copy of the lease
is on file in the
City Secretary's office.
The ordinance was passed
andapproved on second
reading by the City Council
of the City of Corpus Chris-
ti, Texas on the 5th day
of February, 1991.
/s/Armando Chapa
City Secretary
City of Corpus Christi
NOTICE OF PASSAGE
OF ORDINANCE ON
FIRST READING
AUTHORIZING THE EXE-
CUTION OF A FIVE -NEAR
LEASE AGREEMENT WITH
PATRICIA JANE STUBBS
FOR THE OPERATION OF THE
L -HEAD BAIT STAND; remu-
neration to the City is $950
per month or 6% of gross re-
ceipts, whichever is greater.
A copy of the lease
is on file'in the
City Secretary's office.
TM ordinance was passed
and approved on first read-
, .ig by the Chy Council
of the City of Corpus
Christi, Texas on the 29th
day of January, 1991.
/s/Armando Chapa
City Secretary ,
City of Corpus Christi
n,nT,rc nc PI IRI IC HFARING