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HomeMy WebLinkAbout023700 ORD - 07/20/1999AN ORDINANCE n AMENDING THE L -HEAD BAIT STAND AGREEMENT ON A TEMPORARY BASIS NOT TO EXCEED ONE YEAR; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to execute the "First Amendment To L -Head Bait Stand Agreement," a substantial copy of which is attached hereto as Exhibit A and incorporated herein. SECTION 2. The term of the lease authorized by this emergency ordinance shall expire upon the earlier of the effective date of an ordinance approving the "First Amendment To L -Head Bait Stand Agreement" on a long term basis in compliance with the city charter or the expiration of one year from the effective date of this ordinance. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that thi dinance is passed and shall take effect upon fust reading as an emergency measure this the day of ATTEST: Armando Chapa City Secretary , 1999. Samuel L. Ne , Jr. Mayor, The City of Corpus Christi APPROVED THIS THE X DAY OF fdf �/ -, 1999: James R. Bray, Jr., City Attorney 1 4 .1( eheie 023700 us Christi, T qday of 1999 TO THE MEMB RS OHE CITY COUNCIL Corpus Christi, Texas 2 For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance fatally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Ned, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott 023700 FIRST AMENDMENT TO L -HEAD BAIT STAND AGREEMENT This Agreement is between the City of Corpus Christi, a Texas home -rule municipal corporation, located in Nueces County, Texas ("City"), and Patricia Jane Stubbs ("Lessee"). Recitals The City and the Lessee previously entered into the "L -Head Bait Stand Lease Agreement" ("the Lease") pursuant to Ordinance No. 023223 of the Corpus Christi City Council on February 17, 1998. Thereafter disagreements and misunderstandings arose which the City and the Lessee desire to resolve. Agreement Premises considered, the City and the Lessee agree as follows: 1. The Lease is amended by adding a new part .05, immediately following "Witnesseth" including a new Exhibit A-1 (attached and incorporated herein) as follows: • 11 11 r t 1 11 I yC 111 / .. .. .I l.. performance of the covenants in the Lease. hereby leases to Lessee. on a temporary basis as further described herein. the following described premises. Annroximatel_y 63 00 square feet of the L. -Head in the Municipal Marina within the City of Corpus Christi. Nueces County. Texas including improvements as more specifically described on the attached and incorporated Exhibit A-1 "Temporary J eased Prem s' es" A. The term of the lease on the Temno y Leased Premises shall commence upon fmal passage by the Corpus Christi City Council of an ordinance approving the First Amendment To L -Head Bait Stand Agreement and shall expire upon the occupancy of the Leased Premises which shall occur upon completion of the baitstand building as described in Part 3A. At expiration of the lease on the Temporary Leased Premises. the City will provide sufficient staff and equipment to assist Lessee to move expeditiously to the Leased Premises. B. The City shall furnish. install. and repair. at its cost. for Lessee's use at the Temporary Leased Premises the following. H:\LEG-DIRUIMMY\WPDOCS\COUNCIL\9JRB0500.039 1 fl 1. A temporary building of 336 square feet 2. A freezer trailer with afreeziranallaciu1244sial2iQSnis 3. Two 1200 -pound capacity ice machines. 4. Two 300 -gallon and six 150 gallon live wells for bait. 5. A 420 square foot cover for the live wells. 6. A fence around the above items 7 Utility connections with City continuing to pay electric and City utility bills. 8. Canned drink two -door cooler Upon occupation of the Leased Premises pursuant to paragraph 1 all ownership rights to Said items will remain the City. and said items shall be returned by Lessee to the City. All equipment other than the above necessary to the baitstand business shall be supplied by Lessee. C. It is anticipated that the Temporary Leased Premises will be ready for occupancy by Lessee within 12 days of the commencement of the Lease. Upon notification that the Temporary Leased Premises is ready for occupancy. Lessee will promptly move her equipment. stock. and other items necessary to operate the baitstand business to the Temporary Leased Premises. and will endeavor to completely vacate the existing premises within three days of notification. but in any event will vacate within seven days of notification. City will provide sufficient staff and equipment to assist Lessee to move expeditiously to the Temporary Leased Premises. As part of City's assistance City will move Lessee's two smallest existing live wells to the Temporary Leased Premises. D. Lessee willonerate all facilities and equipment on the Temnoy Leased Premises and will be responsible to maintain them in clean and safe condition. normal wear and tear (acknowledging salt water environment) excepted. Lessee will notify the City if any of the items in subpart B require repair E. Prior to moving to the Temporary Leased Premises. Lessee will continue to operate at the presently existing facility. No rent will be charged from the commencement of the lease on the Temporary Leased Premises until occupancy of the Leased Premises F. Except as expressly provided in this part .05 or elsewhere in the Lease. all H:\LEG-DIRUIMMY\WPDOCS\COUNCIL\91880500.039 2 provisions of the Lease apply to the Temporary Leased Premises except 3B. 2. Part 1 of the Lease is amended to read as follows and Exhibit A (attached and incorporated herein) is amended accordingly: 1. LEASED PREMISES. City, in consideration of Lessee's faithful performance of the covenants in the Lease, hereby leases to Lessee the following described premises: Approximately 3600 square feet located ' 411 the L -Head in the Municipal Marina within the City of Corpus Christi, Nueces County, Texas including improvements to be constructed by Lessee as more specifically described on the attached and incorporated Exhibit A "Leased Premises". Public parking is specifically excluded from the leased premises. 3. The first sentence of part 2 of the Lease is amended to read as follows: 2. TERM. The term of this lease is for 15 years commencing on the -61st -day aft.. final ayy.'oval l,y City E,,ta.eil, .vilit,lris April 19, 1998 expiration of the lease on the_TenloggaisedaatiPietaiara. 4. Part 3A of the Lease is amended to read as follows: A. City Improvements. City covenants to build a new baitstand, public restrooms, and shower facilities on the Cooper's Alley L -Head, which will be completed by February 28, 1999 January 31. 2000. Th. baitstand Mill, a ,i.i.,' ("Showt.r Facilities"). The City, working within FEMA guidelines, will construct the baitstand structure and install facilities to be funded by the City as provided herein. The building will be located 4n the L -Head mindicktadiaLzhilatA. The City will also complete an adjacent public restroom, which is also included in the Marina Fund budget. The orientation of the structure, layout, mechanical/electrical/plumbing rough in, built- ins, etc. will -be has been coordinated with Lessee and her equipment suppliers. The City will construct men's and women's restrooms, Shower Facilities, and related improvements at its expense. The doors to both restrooms will have a type of lock that will allow after hours access to Marina tenants and guests. The Marina Superintendent will approve the type of lock. The City will submit the baitstand. restrooms. shower facilities and related H1LEG-DIRUIMMY\WPDOCS\COUNCIL\91RB0500.039 3 n improvements for competitive biddjpg in accordance with State law. The plans and specifications advertised for bidding will be those for which bids were received in October 1998: however. architectural/engineering modifications shall be made as necessary to accommodate the change in location to that reflected in Exhibit A. The baitstand building will be bid as a stand-alone building separate from the restroom/shower building. The baitstand building will be submitted as the base bid with the restroom/shower building as an additive alternate The City will fund not to exceed $150.000 of the cost of construction based on bid price for the baitstand building: the J,essee will be responsible for any amount over $150.000. If the lowest responsible bid on the baitstand building exceeds $150.000. the Lessee will provide to the City cash or a letter of credit or other similar security for the amount exceeding $150.000 sufficient to enable the City to certify funds to award the construction contract It is contemplated that Lessee will have up to $40.000 for this purpose. The City's $150.000 will be expended first in paying construction costs. before drawing on Lessee's contribution. If the lowest responsible bid exceeds the amount available to City and Lessee. the City and Lessee will negotiate modifications to the plans and specifications and the City may rebid the baitstand For each $5 000 that Lessee contributes to the cost of the baitstand building the term of this Lease will be extended by one year: for any increment less than $5.000 the extension will be prorated. The City Manager and the Lessee may agree in writing to modify the specifications and biddingprocess (excludine financial provisions) described in this paragraph. If City damages any concrete sidewalks on the Leased Premises ("Sidewalks") during construction of the Improvements, City must repair or cause the Sidewalks to be repaired prior to finishing construction of the Improvements. If the Sidewalks are damaged at any other time, City will repair the Sidewalks in a timely manner, upon written notice from Lessee that the Sidewalks are damaged. 4. Part 5, subparts C and E, of the Lease are amended to read as follows: C. Direct sales to the public of food and drink items such as wrapped sandwiches, taquitos, hot dogs, popcorn, packaged chips, peanuts, soft drinks, ice, packaged beer and wine for off -premises consumption, beer and wine and mixed beverages for on -premises consumption, candy, ice cream, snow cones, and seafood (freshi, frozen and cooked), and related retail items such as: sunglasses, beach towels, and suntan lotion. Lessee may purchase Seafood for resale. E. Construction of a two-level deck within the Premises. If Lessee and the City Manager cannot agree on the design of the deck. Lessee may appeal to the City Council 5. Part 6 of the Lease is amended to read as follows: H:\LEG-DIRVIMMY\WPDOCS\COUNCIL\91RB0500.039 4 . fl 6. BOAT SLIPS. Recognizing that the Lessee must have several fishing boats to properly operate a Baitstand, the City agrees that as part of the consideration Lessee pays for the Baitstand, the City will provide the Lessee 2 boat slips e.. R Pi.,. near the Leased Premises as indicated on Exhibit A ("R -Pier Baitstand Area Boats") for the first 5 years of this Lease. Further, if Lessee rents 2 commercial slips at Peoples' Street, and if there is space available and if the R -Pier Daitstand Area structure is capable of docking the shrimp boats, Lessee may dock up to 2 shrimp boats at R PL. the Baitstand Area at any time the boats are not shrimping or docked at their Peoples' Street slips. If the.c mar net-cleelethe-2-beatnt-R-Pier7 The City Charter limits leases in the water area of the Marina to 5 years. If City does not provide slips for the 2 R Pic. Daitstand Area Boats to Lessee, as part of the consideration for the Baitstand, after the first 5 years of this Lease, then the City will not include the sales of "Seafood" from the R Pic. Baitstand Arps Boats in "Gross Receipts". The sales of all "Seafood" sold by the r -Pier Baitstand Area Boats will be included in "Gross Receipts" regardless of to whom the "Seafood" is sold. All "Seafood" sold from a boat owned by Lessee or using Lessee's slips must be sold off the boat that catches the "Seafood", and in compliance with federal, state and local laws relating to the catching and sale of "Seafood." "Seafood" must not be transferred off a boat owned by Lessee or using Lessee's slips. Any transfer of "Seafood" from a boat owned by Lessee or using Lessee's slips is grounds for immediate termination of this Lease. Lessee, and her boat captains/crews, must not make sales of "Seafood" from R -Pie. the Baitstand Area. Lessee may park two shrimp boats next to the Premises at her sole risk; provided, however, that each boat must have a commercial slip rental contract at the City Marina or must have a special permit issued by the Marina Superintendent. The special permit can only be issued to non -Lessee -owned craft that are selling all its product to Lessee for sale at the Premises. Lessee must provide, maintain, and replace, at her sole expense, all infrastructure, piling, and fendering improvements required to park her boats next to the Premises in such a manner that her boats will not interfere with other boat usage of the Marina and its fairways or cause damage to the L -Head structure. All improvements must be approved in writing by the Park Director prior to Construction. 6. Part 7 of the Lease is amended by adding a new subpart B-1 between subparts A and B to read as follows: D-1. Notwithstanding the above. during the term of the lease on the Temporary Leased Premises the Lessee shall not be required to pay rent or any other compensation to the City H:\LEG-DIR\JIMMY\WPDOCS\COUNCIL\9JRB0500.039 5 7. Part 7 of the Lease is amended to read as follows: 17. Utilities/Electricity. Lessee must install an electric meter and pay for all electricity bills for the bait stand building. The Marina Operating Budget will pay for water and wastewater since the public restrooms and shower facilities for Marina tenants will use most of the water and wastewater on the Premises. Lessee will pay for all other utility services furnished to the Leased Premises. 8. This First Amendment to L -Head Bait Stand Agreement supersedes all prior leases and agreements between the parties. Based on discussion and review of communications at prior meetings of the parties, it is acknowledged that Lessee is not and has not been in default of any amount for rents prior to the effective date of this First Amendment. The City acknowledges that the Lessee has claims against the City, which the parties agree to negotiate. 9. The parties agree, between first and second reading of the ordinance approving the long-term lease, to negotiate changes to Part 6. Boat Slips of the Lease to more clearly reflect the agreement of the parties. One change will be to delete the next -to -last sentence or Part 6. Another change will be to delete the last two sentences of the third paragraph of Part 6, and to add the words "or transferred" between the words "sold" and "from" in the second line of the third paragraph of Part 6. A further change will be to provide that the City will construct a fence to help protect Lessee's boats. 10. Except as specified above, all provisions of the Lease shall remain in full force and effect. Attest: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary David R. Garcia, City Manager Approved: LESSEE James R. Bray, Jr. Patricia Jane Stubbs City Attorney H:\LEG-DIRUIMMY\WPDOCS\COUNCIL\9JRB0500.039 6 COOPER'S STREET "L" HEAD TEMPORARY BAIT STAND COOPER'S STREET "L" HEAD PERMANANT BAIT STAND