HomeMy WebLinkAbout023700 ORD - 07/20/1999AN ORDINANCE
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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
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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:
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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.
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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
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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
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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:
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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
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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
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COOPER'S STREET "L" HEAD
TEMPORARY BAIT STAND
COOPER'S STREET "L" HEAD
PERMANANT BAIT STAND