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HomeMy WebLinkAbout021727 ORD - 08/10/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FOUR-YEAR LEASE BEGINNING ONE YEAR Al- '1'ER THE SHORT-TERM LEASE IS EFFECTIVE WITH LANDRY'S SEAFOOD AND STEAKHOUSE - CORPUS CHRISTII, INC. OF BERTHING SPACE AND ADJACENT BOARDWALK AREA ON THE NORTH SIDE OF PEOPLE'S STREET T -HEAD TO BERTH AND OPERATE A FLOATING BARGE FOR RESTAURANT PURPOSES FOR A FEE OF 2.75 PERCENT OF GROSS MONTHLY REVENUE OR $5750 PER MONTH, WHICHEVER IS GREATER; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute a four-year lease beginning one year after the short-term lease is effective, with Landry's Seafood and Steakhouse - Corpus Christi, Inc. of dock space and adjacent boardwalk area on the north side of People's Street T -Head to berth and operate a floating barge for restaurant purposes for a fee of 2.75 percent of gross monthly revenue or $5750 per month, whichever is greater, 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. AG5000248.ajr T r r 021727 LONG TERM LEASE FOR LANDRY'S SEAFOOD AND STEAK HOUSE - CORPUS CHRISTI, INC. ON PEOPLES STREET T -HEAD THE STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 1 This agreement is made and entered into this the day of , 199_, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and Landry's Seafood and Steak House - Corpus Christi, Inc., hereinafter called "Landry's", whose principal office and place of business is in Houston, Harris County, Texas. City, in consideration of Landry's faithful performance of the covenants described herein, leases to Landry's a certain dock side area in the Corpus Christi Marina upon these terms: I. PREMISES: City hereby leases to Landry's the follow- ing: Sufficient berthing space on the North side of the Peoples Street T -Head to accommodate the barge restaurant and related site improvements all as more fully shown on the attached Exhibit "A" ("Premises"), which is fully incorporated herein verbatim for all purposes. Landry's shall maintain the Premises and all improvements in good and safe condition during the Lease term. II. BOARDWALK: City additionally leases to Landry's for a term of four years, as set forth in Paragraph IV, the additional space designated "Boardwalk" adjacent to the barge restaurant as depicted in Exhibit "A", fully incorporated herein verbatim for all purposes. Said additional outdoor space may be used by Landry's for additional food and drink services, including outside dining. Landry's may make additional improvements to the Boardwalk at their own expense, subject to compliance with all Federal, State and City rules and regulations. Further, prior to start of construction all plans and specifications must be approved by the Director of Park and Recreation and the City Manager. EhL-1A. Landry's shall maintain the Boardwalk and all improve- ments thereon in good and safe condition during the Lease term. The Boardwalk and all improvements thereon shall become the property of the City upon expiration or termination of the Lease. III. PERMITTED USE: The Premises shall be used primarily as a restaurant with bar, allowing for the sale of souvenirs and other merchandise, secondary to and as appropriate to food and drink service. The bar shall be a secondary use only. The business operation shall be confined to the barge restaurant and deck. It is understood that this Lease does not constitute the granting to Landry's of an exclusive right to operate a restau- rant in the Marina area. IV. TERM: This Lease shall be for a term of four years beginning upon execution of the Short Term lease which was for a term of one year which began on , 1993. V. A. RENTAL: Five Thousand Seven Hundred Fifty and 00/100th Dollars ($5,750.00) per month or Two and Three Quarters Percent (2.75%) of gross sales less sales taxes, whichever is greater. "Gross Sales" shall be defined herein to mean all sales of food, drink, souvenir items and all merchandise of any kind sold on the Premises or Boardwalk, exclusive of sales," or consumption taxes or complimentary sales which are defined as food or beverage given free as a courtesy or favor and not as part of a promotion. Monthly rental installments shall be due and payable on or before the tenth (10th) day of the month next following the applicable calendar month, and shall be accompanied by the certified monthly financial statement required by Article VI of this Lease. B. RENT ABATEMENT: The monthly rental shall be abated during the time that the barge restaurant ceases business opera- tions (1) in preparation for movement to a safe moorage in accor- dance with its hurricane preparedness plan, (2) in preparation for movement whenever the City exercises its option under Article XIX, (3) whenever the barge restaurant is rendered substantially unusable because of damage resulting from fire, water, wind, or force majeure, or (4) in the event major repair, renovation or construction prohibits access to and through the Peoples Street T -Head. Upon the cessation of business operations for rent abatement purposes, Landry's shall notify, in writing, the Marina Superintendent immediately, providing the date, time and reason for such cessation; and shall provide the same immediate written notice to the Marina Superintendent upon reopening the opera- tions. Rent abatement shall be a pro rata share of the monthly payment, based on daily operations. Landry's shall resume its barge restaurant business operations as soon as practical after the above described conditions no longer exist. C. All rentals and arrears payments shall be paid monthly to the City of Corpus Christi Collections Section at 1201 Leopard or P. O. Box 9277, Corpus Christi, Nueces County, Texas 78469, or as otherwise designated in writing by the City. VI. MONTHLY FINANCIAL STATEMENTS: Landry's shall keep strict and accurate books of account of all receipts collected. Landry's agrees to furnish City certified monthly statements of gross receipts itemizing the individual dates of operation and at the same time paying City the rental fees specified herein. Such statements shall be formulated according to currently accepted accounting procedures and in a form prescribed by the City's Director of Finance. The said books of account shall be open for inspection by the City at all reasonable times. All underlying documentation for Landry's certified monthly statements, inclu- ding cash register tapes shall be preserved by Landry's for at least five (5) years. City may terminate this Lease for failure to preserve such records or provide them to City upon City's request. VII. LESSEE RESPONSIBILITIES: Landry's (as Lessee) shall be responsible for the following: (a) Cost for installation, maintenance, and use of all utilities, including, but not limited to, water, sewer, sani- tation, electricity, natural gas, and telephone. (b) Compliance with all Federal, State, and local laws, ordinances, rules, and/or regulations, as amended, including, but not limited to, Chapter 12 of the City of Corpus Christi Code of Ordinances and the Marina Rules and Regulations. (c) Maintaining the barge restaurant, mooring lines, spuds, pilings and/or anchors at all times in a satisfactory state of repair, as specified by the Marina Superintendent. (d) Raising the barge restaurant in the event it sinks, regardless of the cause of its sinking. (e) Removing the barge restaurant from the Marina in the event of extensive damage, destruction, sinking, or partial sinking, regardless of cause, or threat of hurricane as set forth in Paragraph XII. (f) Ensuring that no pollutant, effluent, liquid or solid waste material, bilgewater, litter, trash, or garbage issued from the barge restaurant premises is allowed to collect in the waters of the City Marina or in the vicinity of the barge restaurant or parking areas utilized by restaurant customers. It shall be the duty of Landry's to regularly police the vicinity of the barge restaurant for such materials and clean up and remove such materials in order to maintain the cleanliness and attrac- tiveness of the City Marina. (g) Grounds maintenance, including without limitation litter control, of all grass and landscaped areas and parking lots North of the center of the head portion of the Peoples Street T-Head as shown on Exhibit "B" fully incorporated herein verbatim for all purposes. (h) Ensuring that the noise level issuing from the barge restaurant shall be reasonable and shall not be discernibly audible to a person of normal hearing sensitivity standing along the East curb lines of Shoreline Boulevard (Northbound). (i) Regularly inspecting and maintaining fire fighting systems and equipment in the highest degree of readiness, and regularly training employees in fire prevention and emergency procedures. (j) Payment of all operating expenses incurred by Landry's in connection with the said barge restaurant business. VIII. IMPROVEMENTS: No improvements, additions or altera- tions shall be made to the Marina facilities, exterior of the Barge, or the Boardwalk without the prior written approval of the Director of Park and Recreation and the City Manager. All improvements, additions, or alterations made by Landry's will comply with all City Codes. Improvements to Boardwalk shall become the property of the City. IX. REPAIRS: Major repairs, as determined by the Marina Superintendent, shall not be made to the barge restaurant while located within the Premises. However, reasonable minor main- tenance will be authorized within the Premises. X. RESTAURANT OPERATION: The restaurant operation shall be carried out by Landry's in a businesslike manner at all times. The hours and days of operation throughout this Lease shall be comparable to those of other restaurants in the City which place emphasis upon lunch and evening meals. XI. ASSIGNMENT OR SUBLEASE: Landry's shall not, without the prior written consent of the City, which shall not be unreasonably withheld, assign this Agreement or license any portion of the Property. Any attempted assignment or license without the prior written consent of the City shall render this Agreement null and void. Each and all of the provisions, agreements, terms, covenants, obligations, and conditions herein contained to be performed by Landry's shall be binding upon any successor, or assignee and said successor or assignee takes subject to strict compliance with all provisions, agreements, terms, covenants, obligations, and conditions as contained herein. Failure to do so shall render this Agreement null and void. XII. HURRICANE PREPAREDNESS: In the event the area is threatened by a hurricane or some other emergency situation, Landry's shall comply with all orders of the Marina Superin- tendent or his authorized representative pursuant to the hur- ricane preparedness plan of barge restaurant, a copy of which is attached hereto as Exhibit "C". XIII. SANITATION: Garbage and trash shall be stored aboard the barge restaurant craft or upon the Peoples Street T-Head at a location designated by the Marina Superintendent. All garbage or trash stored in areas designated upon the T-Head shall be stored in dumpster type containers. Such containers shall be housed inside a small building, screened or appropriately landscaped area all at Landry's expense as approved by the Marina Super- intendent. The garbage container area shall be landscaped and maintained by Landry's. Garbage pickup will be required no less than five (5) days per week. Nothing shall be stored outside either the dumpster itself or the dumpster housing. XIV. PARXING. Parking for restaurant customers will be on the stem and head portion of the Peoples Street T-Head; provided, however, that such areas shall not be for the exclusive use of Landry's. XV. SANITARY SEWER: Operation of sanitary sewer facilities shall be in accordance with the City Code of Ordinances, Section 13-201 and City Code of Ordinances, Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment. The City warrants sewer service from the lift station only so long as electrical service to the station is not dis- rupted by storm, accident or other hazards or catastrophe. Standby power to operate the lift station is not available at the preparation of this Lease, nor is it planned by the City. Maintenance of the sanitary sewer system from the lift station to the Premises shall be the responsibility of Landry's. XVI. NON-DISCRIMINATION: Landry's shall be responsible for the fair and just treatment of all of its employees. Landry's 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, color, or national origin. Violation of this provision shall be cause for immediate termination of this Lease by the City. XVII. INSPECTION: City personnel shall have the right to enter upon the demised premises, including the barge restaurant craft, at all times, for purposes of any inspection, repair, fire or police action, and the enforcement of this Lease. XVIII. INDEPENDENT CONTRACTOR: It is further understood and agreed that Landry's is and shall be an independent contractor hereunder. Landry's shall employ sufficient employees necessary for the operation of said business, which employees shall be solely in the employ of Landry's. XIX. TERMINATION: Except as otherwise provided herein, City may terminate this Lease whenever Landry's fails to comply with the provisions and covenants contained herein, or the provisions of any rental arrearages note agreement, and thereafter fails or refuses to comply within a reasonable time after receiving written notice of the violation and recommended cure. In the event of termination for any reason, or of expiration of this Lease at the end of its term, Landry's shall immediately comply with a written order from the City Manager to remove the barge restaurant from the Marina. Such removal shall be solely at the cost of Landry's, and without damage to City property. If within thirty (30) days of the City Manager's order, Landry's shall fail to remove the barge restaurant without damage to City property, City may remove the restaurant and/or repair City property and bill Landry's for such costs, which Landry's promises to pay within thirty (30) days of receipt of said bill. It is further provided and agreed that should City remove the barge restaurant from the Marina after Landry's failure to timely do so, City may cause the barge restaurant to be docked or stored at any location chosen by the City, whether on City property or otherwise, within or without the City Marina, and Landry's shall be liable for all expenses of such docking or storage. It is further agreed that City shall have no duty to protect, maintain, or care for the barge restaurant during transit, docking, or storage, and that Landry's shall be solely responsible for all such matters. Landry's shall fully indem- nify, 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' compen- sation and death claims), or property loss or damage of any kind whatsoever, to Landry's or to any third party, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with, the removal, transit, docking or storage of the barge restaurant, regardless of whether such injury, loss or damage shall be caused by, or be claimed to be caused by, in whole or in part, the negligence or other fault of the Indemnitees or any of them. Landry's 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. If Landry's terminates this Lease prior to expiration, Landry's shall pay City, within thirty (30) days, Liquidated Damages in the amount of Thirty-four Thousand Five Hundred and 00/100th Dollars ($34,500.00) to offset income City will lose due to Landry's early termination. The Liquidated Damages will provide revenue to City while it attempts to find a new 1 restaurant operator or other revenue source to offset the loss in revnue from the Lease Termination. XX. NOTICES AND ADDRESSES: All or replies provided for or permitted in writing and may be delivered by notices, demands, requests by this Agreement shall be any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as receipt requested, postage (3) by prepaid telegram, certified or registered mail, return prepaid to the addresses stated below; or 14) by deposit with an overnight express delivery service at: If to City: City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469-9277 Attn: Director of Park and Recreation Notice deposited in the manner described If to Landry's: The Landry's Group 1499 Post Oak Boulevard Suite 1010 Houston, TX 77056 Attn: Tilman Fertitta, Pres. with the United States Postal Service above shall be deemed effective as evidenced by the receipt date shown on the returned green card. Notice deemed by telegram or overnight express delivery service shall be effective one (1) business day after transmission to the telegraph company or overnight express carrier. XXI. MODIFICATIONS: No changes or modifications to the Lease shall be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. XXII. DELINQUENCY: Landry's shall be deemed "delinquent" and/or "in default" if the City has not received Landry's monthly rental payment and financial statement on or before 5:00 p.m. on the tenth (10th) day of the month following the calendar month for which the rental obligation accrues. If the tenth (10th) day of the month falls on a weekend or a holiday, payment and finan- cial statement shall be tendered on the first business day thereafter. In the event of such delinquency and/or default, the City Manager may, at his option, terminate this Lease after T r Landry's 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 to Landry's of such delinquency and/or default. XXIII. SIGNS AND LIGHTING: No exterior signs or lighting or modifications thereto shall be installed upon or in the vicinity of the barge restaurant without the prior written approval of the City Manager. Such barge restaurant shall be permitted one (1) identification sign which shall meet the following conditions: (1) Sign, if illuminated, shall be either internally illuminated or backlighted. (2) Sign shall not exceed twenty (20) square feet in area. (3) Sign must be attached flat against the building to which it relates and shall not project more than eighteen (18) inches from the wall and shall not extend above the height of the building. XXIV. INSURANCE: A. During the term of this Agreement as set out in this section, Landry's shall keep continually in force public liability insurance in an amount not less than One Million and 00/100th Dollars ($1,000,000.00) combined single limits. B. Landry's shall follow its internal policy for compensating injured workers, a copy of which is attached as Exhibit "D" fully incorporated herein verbatim for all purposes. C. Landry's shall provide general liability, property damage liability, personal injury liability, products liability, and fire and extended coverage under said certificate of insurance. D. Landry's agrees to provide and maintain, at its own expense, the following types and amounts of insurance for the term of the Agreement, which coverages shall be secured from an insurance company or companies licensed to do business in the State of Texas, or through a duly authorized surplus lines agent, -10- which companies shall have an A. M. Best Company rating of no less than A minus (A-). TYPE 1) General Commercial Liability - to include (but not limited to) the following: A) Premises/Operations B) Independent Contractors C) Personal Injury Coverage D) Products/Completed Operations E) Contractual Liability TYPE (Insuring Indemnity Provision Within This Agreement) F) Food Handlers G) Liquor Liability 2) Property Insurance - for physical damage to the property of Landry's, including actual cash improvements and better- ment to the City owned property, but including coverage for hurricane, flood, tornado, wind or earthquake. shall: of City. AMOUNT Bodily Injury: $300,000.00 per person $500,000.00 per occurrence and Property Damage: $100,000.00 per occurrence or AMOUNT Combined Single Limit for Bodily Injury and Property Damage: $1,000,000.00 Coverage for a minimum of ninety (90) percent of the value of all property, inclu- ding all improvements thereon. With respect to the above required insurance(s) City - Be named as an additional insured. - Be provided with a Waiver of Subrogation, - Be provided with thirty (30) days notice cancellation, non -renewal or material change. - Be provided, through the Recreation Director, with Certificates the above required insurance(s). Said in favor prior to office of the Park and or Insurance evidencing Certificates are to be provided to the Park and Recreation Director, fifteen (15) days prior to commencement of activities or construction under this Agreement, and annually thereafter, no less than fifteen (15) days prior to expiration of the then current insurance policies. - Be provided copies of all insurance policies City's written request therefor. E. Failure on the part of Landry's to procure on or maintain required insurance or fail to comply with its internal policy for compensating injured workers shall constitute a material breach of contract upon which the City may immediately -11- terminate this Agreement upon thirty (30) days notice or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by Landry's to the City within thirty (30) days of demand therefor. F. The amount of insurance coverages here specified as required may be subject to renegotiation each year. Should either party request renegotiation with respect to the amount of insurance coverages to be provided, the determination thereof shall be established through mutual negotiation between the parties. Said negotiations shall commence three (3) months prior to the termination of the current insurance period. In the event a new amount has not been established by mutual agreement within three (3) months from commencement of negotiation, said contro- versy shall be submitted to arbitration under the Commercial Rule of Arbitration of the American Arbitration Association, except: the locale for the arbitration shall be within the City of Corpus Christi; the sole issue for determination pursuant to this section by the arbitrator shall be the amount of insurance coverages required for the period under review; and the expenses subject to the arbitration process shall be borne equally by the parties. City Manager or his designee is hereby authorized to negotiate on behalf of the City. XXV. TAXES: Landry's shall be responsible for payment of any and all taxes and all other licenses and fees as required to operate and maintain operations which Landry's use of the Pro- perty causes to be assessed against the Property and any Fixed Assets or Personal Property appurtenant. XXVI. ENTIRE AGREEMENT: A. With exception of separate arrearage agreements and/or metes, this document and the exhibits attached constitute the entire Agreement between the City and Landry's for the use granted. Except for arrearages, all other agreements, promises and representations with respect thereto, unless contained in -12- r this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits attached hereto, the terms, conditions, promises and covenants relating to Landry's operation and the demised premises to be Landry's operation and the demised premises to be used in the conduct of the enterprise. The unenforceability, invalidity, or illegality of any provision of this agreement shall not render the other provisions unenforceable, invalid, or illegal. XXVII. INDEMNITY: Landry's agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgements recovered from or asserted against City on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents, ("Indemnitees") and on the part of Landry's or any of its agents, servants, employees, con- tractors, patrons, guests, licensees, or invitees entering upon the Premises or Boardwalk pursuant to this Agreement with the expressed or implied invitation or permission of Landry's, or when any such injury or damage is the result, proximate or remote, of the violation by Indemnitees, Landry's, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the improvements located on the Premises or Boardwalk herein or out of the use or occupancy of the improvement to the Premises or Boardwalk or the Premises or Boardwalk itself by Indemnitees, Landry's, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification shall be effective whether such injury or damage may result from the sole negli- gence, contributory negligence, or concurrent negligence of -13- J i Tndemnitees; but not if such damage or injury may result from gross negligence or willful misconduct of Indemnitees. Landry's covenants and agrees that in case City shall be made a party to any litigation against Landry's or in any litigation commenced by any party, other than Landry's relating to this Agreement, Landry's shall defend City upon receipt of reasonable notice regarding commencement of such litigation. XXVIII. INTERPRETATION: This Agreement shall be interpreted according to the Texas laws which govern the interpretation of contracts. Venue shall lie in Nueces County, Texas, where this Agreement was entered into and will be performed. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. EXECUTED IN DUPLICATE ORIGINALS this day of , 199, by the authorized representatives of the parties. ATTEST: LANDRY'S SEAFOOD AND STEAK HOUSE - COR HRI TI, INC. C BY:"-_---/—p-- Secretary,y vp I rY�-iSE*� ATTEST: Armando Chapa, City Secretary APPROVED: 14 DAY OF CC's ; , 199 JIMMY BRAY, CITY ATTORNEY CITY OF CORPUS CHRISTI, TEXAS BY: Juan Garza, City Manager APPROVED: BY:• (L4t--) Assistant City Attorney' Assistant City Attorney -14- T N/I EXHIBIT A V 0 0 RESTAURANT a �— LEASE AREA BOARDWALK 1 EXHIBIT B AREA OF GROUNDS MAINTENANCE RESPONSIBILITY EXHIBIT C Alert and Operational Conditions Civil Defense City of Corpus Christi The following system for indicating the various phases of hurri- cane warnings will be used: Condition 5 - An alert condition set annually on June 1, which remains in effect through November 30. This condition indicates that the hurricane season exists. Condition 4 - The path of a storm or hurricane has been fairly well established to indicate destructive wind of force within 72 hours. Condition 3 - Movement of a storm or hurricane indicates destructive winds of force within 24 hours. Take preliminary precautionary measures. Condition 2 - Movement of storm or hurricane indicates destructive winds of force within 18 hours. Take precautions to permit establishment of a state of readiness on short notice. Condition 1 - Movement of storm or hurricane indicates destructive winds of force imminent. Establish a state of readiness and take precaution to minimize damage. Hurricane Preparedness Plan of Barge Restaurant (1) When Civil Defense alert and operational condition four (4) is announced, contact with restaurant -retained tug operator will be made. Initial preparations regarding food spoilage and securing loose objects will be made. (2) When Civil Defense alert and operational condition three (3) is announced, the barge will be disconnected and tugged to the inner harbor area to a predesignated location. (Several sites have already been identified and initial contact with owners made.) (3) At condition two (2), it is anticipated that the barge will already be moved or is in the process of being moved. EXHIBIT D 4 MEMORANDUM T0: ALL MANAGERS - WILLIE G'S/LANDRY'S FROM: CORPORATE OFFICE DATE: JULY 21, 1989 RE: WORKERS COMPENSATION As allowed by law, The Landry Group has not renewed its policy of insurance which provided worker's compensation coverage. Although The Landry Group has no legal obligation to provide any benefit to its employees for job-related injuries, it wishes to voluntarily provide such protection for the employees regardless of the cause of such injuries. Therefore, The Landry Group will provide alternative protection under certain circumstances to our employees who sustain work-related injuries. The Landry Group believes that our employees will support us in this program. Enclosed you will find the following: * NOTICE TO EMPLOYEES THAT THE LANDRY GROUP HAS CEASED TO BE A SUBSCRIBER TO WORKERS' COMPENSATION INSURANCE COVERAGE Immediately post this notice in three (3) visable locations in the kitchen area. * NOTICE OF CHANGE OF COVERAGE FOR WORK-RELATED INJURIES This information should also be posted for the employees to read. It should be discussed at your next meeting to assure that all managers / employees are familiar with the new program. * EMPLOYER FIRST REPORT OF INJURY OR ILLNESS (E-1) (Same form you have been using) This form is to be completed each time a reportable accident occurs. It should be signed by a manager and sent to the Corporate Office immediately. 7/21/89 PAGE 2 * FULL RELEASE OF CLAIMS As soon as reasonably possible after the accident (preferrably within a day or two) a manager will ask the employee to read and fill out this form. It also, should be sent to the Corporate Office. * MEDICAL AUTHORIZATION FORM A manager will have the employee execute this worm m inen order todenable the company to keep up Al]. information will bee pkept®confidentiaf the l. Senden. to the Corporate Office. Please put this program into effect immediately. If you have any questions please call the Corporate Office. EXHIBIT E TO ALL EMPLOYEES NOTICE OF CHANGE IN COVERAGE FOR WORK-RELATED INJURIES The cost of providing worker's compensation insurance has steadily increased in recent years. Currently the expense has reached a level which PIROGUE MANAGEMENT CO., INC./LANDRY'S believes far exceeds the protection afforded to our employees. This increase in cost is despite our experience of a limited number of injuries, most of which were not serious. As allowed by law, PIROGUE MANAGEMENT CO., INC./LANDRY'S has not renewed its policy of insurance which pMANAGEMENTrovided oC0. INC./pLANDRY'S hasensation enogle Although tIonGto provide any benefit to its employees for job - related injuries, it wishes to voluntarily provide such protection for the employees regardless of the cause of such injuries. Therefore, PIROGUE MANAGEMENT CO., INC./I.ANDRY'S will provide alternative protection under certain circumstances to our employees who sustain work-related injuries. PIROGUE MANAGEMENT CO., INC./LANDRY'S believes that our employees will support us in this program. For employees who sustain work-related injuries and who fulfill the conditions for coverage as provided herein, PIROGUE MANAGEMENT CO., INC./LANDRY'S will provide payment for the medical expenses for treatment of those injuries. For employees who must take time off from work due to coverage,a tPIROGUE MANAGs EMENT CO.,fINC i/IANDRY'Sowilltions of provide a salary continuation for a percentage of the employee's average regular salary during the time the employee is unable to return to work up to a maximum limitation period. CONDITIONS FOR COVERAGE In order for an ical expenses and salary ontinuation,ee tO rthe iemployve en e must fut of lfill the following conditions. 1. The employee injury must intention of or be caused intoxication. r 's injuries must be work-related. The not have been caused by the willful the employee to bring about the injury while the employee was in a state of 2. The injury must be reported immediately to the employee's supervisor. Failure to report an injury immediately after its occurrence may result in non- payment of medical bills and expenses or salary continuation. Any injury reported twenty-four (24) hours or more after its occurrence will not be accepted for coverage unless special exception is made by the program administrators. 3. The employee must receive treatment for his or her injuries by a physician provided by or approved by PIROGUE MANAGEMENT CO., INC./LANDRY'S. PIROGUE MANAGEMENT CO., INC./I.ANDRY'S will only make payment to physicians approved prior to treatment. The employee must follow the physician's instructions and accept the treatment prescribed. The employee must refrain from activity contrary to the instructions of the physician or which would otherwise prolong or aggravate the injury. The employee must return to work upon release to work by physician. 4. The employee must sign a release of information form provided by PIROGUE MANAGEMENT CO., INC./LANDRY'S which will authorize any provider of medical service or treatment to release all information to PIROGUE MANAGEMENT CO., INC./LANDRY'S the identity of all providers of medical care which the employee consults. The employee must assist his or her supervisor in comovided b PIROGUE MANAGEMENT COf,an tINC./LANDRreport Y.S m which gives relevant information regarding the injury. The employer must also provide a written statement reporting in his or her own words how the injury occurred, what injuries were sustained and to which area(s) of the body. Both the report and written statement must be submitted to PIROGUE MANAGEMENT CO., INC./LANDRY'S within forty-eight (48) hours of the time of injury. Failure to complete the report or provide a written statement within this time could result in non-payment of medical costs and salary continuation. 6. The employee must submit all medical bills and expenses to PIROGUE MANAGEMENT CO., INC./LANDRY'S as soon after treatment as possible or the employee may arrange to have a duplicate statement provided directly to PIROGUE MANAGEMENT CO., INC./LANDRY'S by the provider of the medical care. 7. In consideration for PIROGUE MANAGEMENT CO., fNC./LANDRY'S promise to voluntarily provide payment of medical expenses and salary continuation under the conditions of this plan, the employee must sign a form releasing PIROGUE MANAGEMENT CO., INC./LANDRY'S from any further liability for the employee's injuries. Any employee, not released to return to work by the physician, who requires time off from work and meets all of the above conditions will be paid commencing the eighth day after the injury, 66_6% of his or her average regular salary up to a maximum of $238.00 per week until he or she is able to return to work or toriFtotal of 26 weeks whichever occurs first. The average weekly salary is calculated by averaging the number of hours worked per week over the twelve weeks immediately preceding the date of inju 6,8 multiplied by the employee's hourly rate, multiplied by Compensation will not be paid for the first week away from work. Benefits begin on the eighth day so that the employee will be paid one week's benefits at the end of the second week. PIROGUE MANAGEMENT CO., INC./LANDRY'S believes that this program will adequately protect our employees and will provide us the opportunity to more economically care for all of those who work for us. With everyone's cooperation the program should benefit the entire organization. If you have any questions concerning this program, please contact DORA ORNELAZ . 7/89 PULL RELEASE OP ALL CLAIMS STATE OP TEXAS S COUNTY OP S KNOW ALL MEN BY THESE PRESENTS: S I' , a resident of County, Texas, in consideration for the promise of PIRcosttGUE of medicalE expensesNandsalary conDRY'S to tinuationaunder its approved program, the receipt of which is hereby acknowledged, RELEASE AND FOREVER DISCHARGE, for myself, INC heirs representatives its tr presentativeand snandpemployees MANAGEMENT from all actions, claims, demands, damages, expenses, and losses, whether known or unknown, present or future, and for all actions, causes of actions for damages either direct or consequential, and all suits in law or in equity of whatever kind or nature for loss of services, legal expenses, bodily injuries, property damages, past, present, and future medical or hospital bills or other expenses except as provided in the program, or losses of any kind which I may have now or in the future relating to or arising from. an injury sustained on or about which I allege to have been work-related'. In making this Release and Agreement I understand and agree that I rely wholly upon my own judgment, belief and knowledge of the nature, extent and duration of the injuries and damages and that I freely release PIROGUE MANAGEMENT CO., INC./LANDRY'S on my own decision and choice and in consideration for it providing me benefits pursuant to its program for work-related injuries. I further state that I have carefully read the foregoing Release and know its contents and sign it as my own free act. SIGNED THIS day of 19 (NAME OP EMPLOYEE) Witnessed By: 7/89 MEDICAL AUTEORIZATION To Whom It May Concern: The undersigned hereby authorizes you to release to PIROGUE MANAGEMENT CO., INC./LANDRY'S any and all information regarding the details of any examination, treatment, or medical opinion concerning the physical condition of the undersigned as well as any information concerning the charges for your services. Upon request by PIROGUE MANAGEMENT CO., INC./LANDRY'S, you are authorized to prepare a written report rearding such information or to in your possession related ld tothee pundersigned. ofies al uments A photocopy of this authorization is as valid as an original. NAME SOCIAL SECURITY NUMBER ADDRESS 7/89 That the foregoing ordinance was read for the firse and passed to its second reading on this the k, day of , 19 CL3 , by the following vote: /� Mary Rhodes � Edward A. Martin (Lit Jack Best /Ic1Dr. David McNichols &A y I1lMQ/ Melody Cooper David Noyola /� Cezar Galindo y Clif Moss 40 l Betty Jean Longoria That the foregoing ordinance s read for pass finally on this the day of 190 , by the following vote: Mary Rhodes Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria PA ED AND APPROVED, this the 191.9 ATTEST: City Secretary I0 the econd ime and Edward A. Martin Dr. David McNichols David Noyola Clif Moss day of APPROVED: 1`) DAY OF MAYOR THE CITY.•F CORPUS CHRISTI JAMES R. BRAY, JR., CITY ATTORNEY Bye,;(l,dtL 1 aktotA)ci,L) Assistant cdL.ty Attorney \forms\044 021727 19`-i3 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 78712 PO# Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is Business Office Secretary 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 NO. 021727 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FOUR-YEAR LEASE BEGINNING which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 15th day(s) of August, 1993. One Time(s) $ 75.20 Business Office Secretary Subscribed and sworn to before me this 31st day of August, 1993. Notary Public, Nueces County, Texas nE</t41iJ4!fIIiit#j#5j l_idmg. t' QwegenU� oW1J; qJL' itt ~oc pc 2 py e 6afoWta<w-i1a ¢ ¢ m!{-vfCg�Q � a a o o�N� _I S �p1XN�l9tl4,NNNggqqq j 1 P i +Ol� 00l :�Q �� tanx i* k % S s , %4 ;41 — \c`