HomeMy WebLinkAbout021764 ORD - 09/28/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR }HS DESIGNEE TO EXECUTE
A THREE YEAR LEASE AGREEMENT WITH THE CATAMARAN SAILING
ASSOCIATION FOR .60 ACRES ON CORPUS CHRISTI BEACH PARK
FOR THE OPERATION OF A SAIL PARK AND STORAGE FACILITY FOR
A MONTHLY PAYMENT OF TEN PERCENT OF REVENUE COLLECTED
FOR STORING SAIL CRAFT; 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 hereby authorized to execute
a three-year lease agreement with the Catamaran Sailing Association for .60 acres on
Corpus Christi Beach Park for the operation of a sail park and storage facility for a monthly
payment of ten (10%) of revenue collected for storing sail craft, 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.
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021764
I1$ iFILMED
LEASE AGREEMENT WITH CATAMARAN SAILING ASSOCIATION
THE STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL MEN BY THESE PRESENTS:
THAT THIS AGREEMENT, by and between the City of Corpus Christi, Texas, a
municipal corporation and body politic, operating under the home rule statutes of the State
of Texas, ("City") and administered by the Park and Recreation Department of City
("Parks"), and Catamaran Sailing Association, Corpus Christi, Texas, a nonprofit
organization operating for the purpose of providing sail craft recreation for persons
interested in sailing catamarans ('Lessee").
WITNESSETH:
That the City does by these presents lease and demise unto Lessee the following
described piece of land, located in Nueces County, Texas, being more particularly described
as follows to -wit:
Being one tract of beach property as shown on the attached drawing, which is
attached hereto and made a part hereof as exhibit A . ("Premises")
The term of this Lease shall be for three (3) years, beginning on the 61st day after final
Council approval subject, however, to the right of either party to cancel said Lease by giving
thirty (30) days written notice to the other party, and further subject to the following
covenants and conditions:
I
Lessee does by these presents and by entering upon the Premises agree to maintain
the Premises during the term of the Lease in a clean and sanitary condition, and at the
expiration thereof to return said Premises to the City in as good a condition as received,
reasonable use, wear, acts of God, fire and flood, damage and destruction excepted.
II
Commencing with the execution of this contract, Lessee shall pay the City 10% of all
revenue collected for storing sail crafts, said amount due and payable to the City of Corpus
Christi on or before the following tenth of each month. Sales and repairs of water crafts
or related accessories shall not occur within the Premises. Initial rental rates and rental
agreement forms for sail craft storage and other subsequent rates for any purpose shall be
approved by the Director of Park & Recreation or his designee, ("Director"). .
III
Development, improvements and utilities installation will be at Lessee's expense after
written approval of the Director or his designee prior to construction. Any alterations to
existing construction, additions, or improvements shall, prior to construction, be approved
in writing by the Director. Any additions made by Lessee, if not removed at any
termination hereof, become the property of the City in fee simple without any other action
E X N. I L 4e r
or process of law. No improvements which are fixtures may be removed from the Premises.
Lessee shall conform to all rules set out by the Director for the maintenance of said
Premises on a continuous basis. Maintenance shall include litter pickup, mowing of
Premises, and keeping parking lot, and fences in a good state of repair. Litter pickup shall
be done on a daily basis while the Premises are being used. No grass on the Premises shall
exceed 6" above the ground. Failure to properly maintain said Premises on a continuous
basis shall be grounds to terminate this Lease.
IV
Cost of utilities will be paid by the Lessee.
V
Security requirements will be paid by the Lessee.
VI
Lessee agrees to indemnify, save harmless and defend the City, its agents, servants,
and employees, and each of them against and hold it and them harmless from any and all
lawsuit claims, demands, liabilities, losses and expenses, including court costs and attorney's
fees, for or on account of any injury to any person, or any death of any time resulting from
such injury to any person, or any death of any time resulting from such injury, or any
damage to any property, which may arise or which may be alleged to have arisen out of or
in connection with the operation and maintenance of a storage facility for Multi Hull Boats
and a launching service pursuant to this Lease. The indemnity shall apply except if such
injury, death or damage is caused directly by the sole negligence of the City, its agents,
officers, or employees or any other person indemnified hereunder.
VII
It is further understood and agreed that Lessee shall not place, paint or otherwise
affix any signs at, on or about the Premises, or any part thereof without the prior written
permission of the Director. The Director 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 (10) days of demand thereof in writing, Parks may do such work
or cause it to be done and charge the expense of same to Lessee. Lessee will pay all such
costs within thirty (30) days of the date of the invoice for such work.
VIII
Parks retains the right at any time to cancel this Lease upon thirty (30) days written
notice to Lessee.
IX
Failure of the Lessee to comply with any of the terms herein provided shall authorize
the City, or its agents, at the City's option, to cancel this Lease and repossess the Premises.
In the event any legal action is undertaken by the City to collect for any damages arising
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T 1
out of this Lease, or to in any way enforce the provisions of the Lease, Lessee shall pay all
court costs and expenses, including reasonable attorney's fees. Lessee will incur no debts
or obligations on the credit of the City of Corpus Christi, Texas.
X
The Lessee shall provide to the City the following:
A. Compliance with all health regulations, laws, and ordinances of the City of
Corpus Christi, County of Nueces and State of Texas, as they affect the Lessee's operations.
Lessee shall bear the expense of meeting all health regulations.
B. Lessee shall secure and maintain at Lessee's expense during the term of this
Lease the following insurance coverage:
1. a comprehensive general liability insurance policy to include contractual
liability and premises/operation coverage. Minimum limits of coverage shall
be three hundred thousand dollars ($300,000) per person for bodily injury or
death of any one person arising out of one occurrence; five hundred thousand
dollars ($500,000) for bodily injury or death to all persons arising out of one
occurrence, and one hundred thousand dollars ($100,000) for property
damage arising out of one occurrence, with no limit on the aggregate.
2. Workers' compensation insurance or Longshoreman's and Harborworker's
coverage as required by applicable laws.
3. Employers Liability with minimum insurance coverage of $100,000 per person.
The City reserves the right to increase or reduce insurance limits and coverage upon
sixty (60) days written notice to the user by the City Manager or his designee. Lessee will
provide the new coverage during the 60 day notice period and provide the Director with a
certificate of insurance to that effect.
The comprehensive general liability policy shall name the City as an additional
insured. A Certificate of Insurance reflecting the insurance coverages required hereunder
shall be furnished to the Park and Recreation Department and the Risk Management
Department prior to the commencement of this agreement. The certificate shall indicate
that the Parks and Recreation and Risk Management Departments will be given at least
(30) days prior written notice of cancellation, intent not to renew, or material change of any
coverage required hereunder. Upon City's written request Lessee will provide copies of all
insurance policies.
C. In the event of accidents, of any kind, the Lessee shall provide the City copies of
all reports of such accidents at the same time that the reports are forwarded to any other
interested parties. It shall be the Lessee's responsibility for immediately notifying the
carriers of any or all insurances under this permit in the event of a known loss or claim
presented to the Lessee by the City or a third party.
D. Compliance with all applicable Federal, State, and City laws.
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E. In exercising any of the Lessee rights or privileges, Lessee shall not on the
grounds of race, sex, creed, handicap, or national origin discriminate or permit
discrimination against any person or group of persons in any manner prohibited by the laws
of the United States or the State of Texas. City hereby expressly retains the right to take
such action as the United States may direct to enforce this non-discrimination covenant.
F. No multi hull craft shall be left on the beach, at the launch site or adjacent
thereto including the Premises, overnight without the prior written permission of the
Director.
G. Any notice required or permitted hereunder shall be addressed as follows:
If to City:
City of Corpus Christi
Park and Recreation Dept.
P.O. Box 9277
Corpus Christi, Tx 78469-9277
If to Permittee:
Roy Davis, President
Catamaran Sailing Association
4040 Five Points Road, A-7
Corpus Christi, TX 78410
WITNESS OUR HANDS in duplicate this the day of
A I"1 EST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED as to Form:
James R. Bray, City Attorney
jbcon:
saunas
LESSEE
Roy Da
Catamar
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President
Sailing Association
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That the foregoing ordinance was read for the first time and passed
to it,? second reading on this the -.),1 day of ,q)--1-,,ate- ,
5
19 L , by the following vote:
Mary Rhodes t1�-- Edward A. Martin Lttlit
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Dr. Jack Best (,i_'LV... Dr. David McNichols (st''
Melody Cooper (1,511
David Noyola (')
Cezar Galindo L&J3 Clif Moss {,k,yL'
Betty Jean Longoria
That the foregoing ordinance w�aa,yy read for the Asec nd ime and
passci, finally on this the LV day of IS,O ,
19 `i , by the following vote:
Mary Rhodes __12+__Edward A. Martin airragAki
y
Dr. Jack Best 66, , Dr. David McNichols
Melody Cooper l/A�rh1:, David Noyola O,py.
Cezar Galindo I____ Clif Moss
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Betty Jean Longoria _Ink__
PASSEp AND APPROVED, this the 2-Y)day of
19 1 /ltf ✓ ,
ATTEST:
41
City Secretary
MAYOR
THE CIT0 CORPUS CHRISTI
APPROVED: - DAY OF c (J.Q�I,t. , 19 C))
J /7
JAMES R. BRAY, JR., CITY ATTORNEY//
By A LLF PR to rc�
Assistant C' y Attorney DDDDD
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021764
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: AD# 74425
PO#
N
v
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 ON FIRST READING AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A THREE YEAR LEASE
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 5th day(s) of September, 1993.
One Time(s)
$ 59.20
Business Office Zretary
Subscribed and sworn to before me this 17th day
of September, 1993.
tz-/eft IL AL
Notary Public, Nueces County, Texas
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
AD# 67681
POI
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 Cornus
Christi Caller -Times, a daily newspaper published at Cornus
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. 021764 AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A THREE YEAR LEASE AGREEMENT
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 3rd day(s) of October, 1993.
One Time(s)
$ 57.60
Business Office ecretary
Subscribed and sworn to before me this 13th day
of October, 1993.
Notary Public, Nueces
County,
Texas