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HomeMy WebLinkAbout023754 ORD - 08/31/1999AN ORDINANCE AMENDING THE L -HEAD BAIT STAND AGREEMENT FOR A TERM OF FIFTEEN YEARS PLUS ONE YEAR FOR EACH $5,000 CONTRIBUTED BY LESSEE FOR CONSTRUCTION OF THE BAIT STAND, WITH TWO ADDITIONAL FIVE-YEAR EXTENSIONS IF AGREED TO BY THE CITY MANAGER AND THE LESSEE; AND PROVIDING FOR PUBLICATION 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. Pursuant to Article IX, Section 3 of the City Charter, this ordinance shall become effective upon the expiration of sixty days following the date of its final adoption by the city council. SECTION 3. 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. 023754 9JRB0500.041 2 T at the foregoing or.. nance was read for the first time and passed to its second reading on this the ' day of , 1999, by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales ale Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott That the ffppregoing ordinance was read for the second time and passed finally on this the 31 day of L,l-(C LL' C Samuel L. Neal, Jr. Javier D. Colmenero Melody CooperS4- Henry Garrett Dr. Arnold Gonzales , 1999, by the following vote: PASSED AND APPROVED, this the � day of ATTEST: A9thando Chapa City Secretary APPROVED: 3 1 DAY OF James R. Bray, Jr., City Attorney 9JRB0500.041 Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott 1999. Samuel L. Neal, Jr Mayor, The City of Corpus ' risti , 1999: 023754 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: .05. Temporary Facilities. City, in consideration of Lessee's faithful performance of the covenants in the Lease, hereby leases to Lessee, on a temporary basis as further described herein the following described premises: Approximately 3600 square feet of the L -Head in the Municipal Marina within the City of Corpus Christi Nueces County Texas including improvements as more s.ecificall des ribed on the atta hed and into .orated Exhibit A-1 "Tem ora Leased Premises". A. The term of the lease on the Temporary Leased Premises shall commence upon final passage by the Corpus Christi City Council of an ordinance approving the First Amendment To L -Head Bait Stand A•reement and shall ex.ire u. .n the occu.anc 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: 11:ALEG-DI RVJIMMY\W PDOCSVCOUNCILA91RB0500.039 1 1. A temporary building of 336 square feet. 2. A freezer trailer with a freezer capacity of 240 cubic feet. 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. Aspart of City's assistance Cit will move Lessee's two smallest existin _ live wells to the Tem ora Leased Premises. D. Lessee will operate all facilities and equipment on the Temporary 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_AI TG-DIRVJIMMY\ W PIJOCSVCOUNCILA9,11 80500.039 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 i1. thc SOUTII END of on 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 aftcr final approval by City Council, which i3 April 19, 1998 expiration of the lease on the Temporary Leased Premises. 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 Feb,uaiy 28, 1999 January 31 2000. ("Shower Faeilif es"). The City, working within FEMA guidelines, will construct the baitstand structure and install facilities to be funded by thc City as provided herein. The building will be located mi th,, south end of on the L -Head as indicated in Exhibit A. 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. wi-l-l-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 1 I:ALEG-PIRVJIMMY\W POOCSVCOUNCILA9JRB0500.039 3 .rovemen s for com.etitive biddin• in accordance with State law. The .tans 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 Lessee 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 certia 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 .a im' construction costs before drawine 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 15,000 the extension will be .rorated. The Cit Mana_er and the Lessee ma a!ree in writin_ to modify the specifications and bidding process (excluding 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: n+VI.GG-DIRVJIMMY\WPDOCSVCOUNCILA9JRB0500.039 4 6. BOAT SLIPS. The City agrees. as part of the consideration Lessee pays for the Baitstand. Lessee is authorized six boats to properly operate the Baitstand. Lessee will rent two commercial slips at Peoples' Street T -Head. Four boats may be docked in the immediate proximity of the new Baitstand. Lessee is authorized to temporarily dock the two boats from the Peoples' Street leased slips at that location. The six boats will be docked in the shaded area shown on Exhibit A-2 C'the Docking Area"). Lessee may not sublease the Docking Area without the written consent of the City Manager. Lessee will be responsible for damage (exceeding normal wear and tear) caused to bulkheads pilings, and related nronertv by the boats permitted in this paragraph. The City is to construct the six slips with security fencing around the boats as depicted in Exhibit A-2. The parties recognize the City's Charter limits leases in the water area of the Marina to five ears and the term of this Lease is fifteen ears .Ius an as slicable extensions. If the City does not renew these boat leases then the rental paid by Lessee to the City for the Baitstand will be adjusted so that sales of Seafood from boats will not be included in Gross Receipts or Lessee may terminate this Lease. at her option. In the event of termination for this reason Lessee will be entitled to a pro rata return of any capital investment she has made in the construction of the Baitstand (which shall be calculated as the amount of capital investment multiplied by a fraction. the numerator of which is the number of ears remainin • under the Lease u. to the effective date of termination and the denominator of which is the term of the Lease). All Seafood sold from a boat owned by Lessee or using Lessee's slips must be sold in compliance with Federal. State and Local laws relating to the catching and sale of Seafood. For the purposes of calculating Gross Receipts the sales from boats at the Peoples Street T -Head will not be included. During times of inclement weather when the Baitstand is closed and Seafood is cau ! ht b the boats authorized to use the Dockin Area other than the Peo . es' Street boats Lessee ma sell such Seafood from the boats in the Dockin Area . ovided however sales of Seafood from boats in the the Dockin Area will be included in Gross Recei.ts. far thc Baitstand, thc City pie vide thc Lessee 2 boat slips o„ R Pier near thc Leas.d P c1..ises as i..dicat..d e,. Exhibit A ("R-P'ei Boats") fur-th„€nst-5-years of this Lca.,c. theirPeeplc ' Sheet slips. If thete-imeletiranti fur R Piet slips o. if R Pier eatinot structurally support thc shrimp boars, Lessee may not dock thc 2 boats at R Pier. The City Charter liniits-leascs in thc water arca of the -Marina to 5 y ears. If City does not Bait3tai,d, aft.,r the first 5 years of this Lease, th, n the City will ,.ot include thc sales of "Scafeed" fro... thc R Pier Boats in "Gress Rc. eipts". H:VI FG-DIRVJIMMY\WPDOCSVCOUNCII A91RIi0500.039 5 The sales of all "Seafood" sold by thc r Piet Boats will b included i "Cress Receipts" Lease, o, using Lessee's slips '..t ,t be sold off thy, boat that catdhes the "Seafiied", and compliance with federal, state and local laws relating to thc catching and sale of Lessee may park tw., sbrhitt, bats .,ext to th. Premises at het sale ,isk; pr„vidcd, however. that each boat must Irave a ee....a rwal slip rental-tant.uet at the City Ma, iiia Premises in such a manner that her boats will not interfere with othcr boat usage of the 6. Part 7 of the Lease is amended by adding a new subpart B-1 between subparts A and B to read as follows: B-1. Notwithstandin• the above durin the term of the lease on the Tem.orar Leased Premises the Lessee shall not be the City. e.uired to .a rent or an other com ensation to 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 H VLEG-DIR\JIMMY\WPDOCS\COUNCILA9JRn0500.039 6 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 11.0 ,Fo_Di R\.II M MY\ W PDOC.SV000NCI LA9J RB0500 039 7 COOPER'S STREET "L" HEAD TEMPORARY BAIT STAND COOPER'S STREET "L" HEAD PERMANANT BAIT STAND BAITSTAND AREA EXHIBIT A-2 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 2991033 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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 which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times and on the World Wide Web on the Caller -Times Interactive on the 25TH davfsl nf.TTTT V lon Caller -Times Sunday, July 25, 1999, 1110 LEGAL NOTICES T NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING The Corpus Christi City Council on July 20, 1999 approved a first reading ordinance amending the d r L -Head Bait Stand agreement between the City and Patricia Jane Stubbs: 15 -year term plus one year for each $5,000 contributed for construction by Lessee and two. 5 -year extensions if approved by Lessee and City Manager; rental 6% of gross receipts with $1,500 monthly minimum April - November, to operate a baitstand business; a complete copy is filed with the City Secretary. /s/ Armando Chapa City Secretary City of Corpus Christi cat,. No . o z r7 - Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of JULY 26, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 3072420 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb and that the publication of. NOTICE OF PASSAGE OF ORDINANCE Corpus Christi Caller -Times, Monday, September 6, 1999r NO. wh. Times a day(s) o TWO I2 �FGAL NOTICE OF PASSAGE OF ORDINANCE NO. 023754 he Corpus Christi City Council on August 31, 1999 approved a second reading ordinance amending the L -Head Bait Stand agreement between the City and Patricia Jane Stubbs: 15 - year term plus one year for each $5,000 contributed for construction by Lessee and two 5 -year extensions if approved by Lessee and City Manager; rental 6% of gross receipts with $1,500 monthly minimum April - November, to operate a baitstand business; a complete copy is filed with the City Secretary. Armando Chapa ity Secretary ty of Corpus Christi $60.45 is a true copy, was inserted in the Corpus Christi Caller - Wide Web on the Caller -Times Interactive on the 6TH 999. Cieti. No. Gem cL.o Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of SEPTEMBER 07, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.