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
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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
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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,
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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
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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
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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
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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
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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
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