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.