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HomeMy WebLinkAbout027984 ORD - 12/16/2008Page 1 of 2 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN EXTENSION OF THE LEASE WITH LANDRY'S SEAFOOD AND STEAKHOUSE -CORPUS CHRISTI, INC. UNTIL MARCH 31, 2009, TO OPERATE A RESTAURANT ON PEOPLE'S STREET T -HEAD IN CONSIDERATION OF PAYMENT OF $6,000 PER MONTH OR 2.75% OF MONTHLY GROSS SALES, WHICHEVER IS GREATER; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or designee, is authorized to execute an extension of the Lease with Landry's Seafood and Steakhouse -Corpus Christi, Inc. until March 31, 2009, to operate a restaurant on People's Street T -Head in consideration of payment of $6,000.00 per month, or 2.75% of monthly gross sales, whichever is greater. The agreement is on file with the office of the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 16th day of December, 2008 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved: Da.— t ( , 2008. Lisa Aguilar Assistant City Attorney for the City Attorney my Gar -tt, Mayor 027984 H:\LEG-DIR\Lisa\2008 ORDINANCES\ORD-Landry's.doc Page 2cif 2 Corpus Christi, Texas f- Day of I,)/,Ll/.GUYJ4,l , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, H-nry Garr Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 027984. 1-1:\LEG-DIR\Lisa\2008 ORDINANCES\ORD-Landry's.doc AGREEMENT TO EXTEND LEASE WITH LANDRY'S SEAFOOD AND STEAK HOUSE -CC, INC. THIS AGREEMENT is made and entered into this 16th day of December, 2008, by the CITY OF CORPUS CHRISTI, a municipal corporation and political subdivision of the State of Texas, hereinafter referred to as "CITY," and LANDRY'S SEAFOOD AND STEAK HOUSE -CC, INC. a corporation organized and existing under the laws of the State of Delaware and authorized to do business in the State of Texas, hereinafter referred to as "Landry's" Whereas, the parties previously entered into a Lease Agreement between Landry's Seafood and Steak House Airline Use — Corpus Christi, Inc. and the City of Corpus Christi approved by City Council on October 28, 2003 ("Lease Agreement"), with termination date of December 27, 2008; Whereas, the parties desire to extend the term of the Lease Agreement until March 31, 2009; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Section 4 of the Lease Agreement, "Term", is amended to extend the term from the December 28, 2008 thru March 31, 2009 ("Extension Period"). 2) Section 5 of the Lease Agreement, "Lease Rate and Payments", is amended to provide that during the Extension Period, the compensation shall be $6,000 per month, or 2.75% of monthly Gross Sales, which ever is greater. The definition of Gross Sales is provided in Section 5 (C) of the Lease Agreement. 3) All other terms and conditions of the Lease Agreement between Landry's Seafood and Steak House Airline Use — Corpus Christi, Inc. and the City of Corpus Christi approved by City Council on October 28, 2003, which are not inconsistent herewith shall continue in full force and effect during this Extension Period. A copy of the current Lease Agreement is attached as Exhibit A. .fix k 64 A- IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized officers executed this Extension Agreement effective as of the day and year above first written. EXECUTED IN DUPLICATE ORIGINALS this day of , 2008, by the authorized representative of the parties. ATTEST: City of Corpus Christi, Texas Armando Chapa `Angel R. Escobar City Secretary City Manager APPROVED AS TO LEGAL FORM THIS DAY OF , 2008: Lisa Aguilar Assistant City Attorney For the City Attorney LANDRY'S SEAFOOD AND STEAK HOUSE — CC, INC. By: Name: Title: Date: State of Texas § County of Harris § This instrument was acknowledged before me on the day of December, 2008, by , as for Landry's Seafood and Steak House — CC, Inc., a Texas corporation, on before of the corporation. Notary Public 09/17/2003 18:31 FAX 1M002/017 LEASE AGREEMENT BETWEEN LANDRY'S SEAFOOD AND STEAK HOUSE - CORPUS CHRISTI, INC. AND THE CITY OF CORPUS CHRISTI THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS; COUNTY OF NUECES § This lease ("Lease") is entered into between the City of Corpus Christi ("City"), a Texas municipal home -rule corporation, acting through its duly authorized City Manager (-City Manager"), and Landry's Seafood and Steak House - Corpus Christi, Inc. ("Landry's"), a Texas corporation, whose principal office and place of business Is In Houston, Harris County, Texas, acting through its duly authorized representative. The City, in consideration of Landry's faithful performance of the conditions and cove- nants contained In this Lease, leases to Landry's a dockside area in the Corpus Christi Marina ("Marina"), as follows: Section 1. Preamble Language. The preamble language included above this initial numerated section in incorporated into this Lease by reference and made a part of this Lease for all intents and purposes. Section 2. Premises. Landry's is granted use of sufficient berthing space on the north side of the Peoples Street T -Head, to accommodate a barge restaurant, and related site improvements, including the additional adjacent space designated 'Boardwalk" on the attached ExhibitA (all areas collectively referred to as the 'Premises"), which is incor- porated In this Lease by reference. Landry's Section 3. Permitted Uses. (A) Landry's must use the Premises primarily as a restaurant, to include outside dining, and secondarily as a bar. (B) Landry's may use the bar, as a secondary use only, to sell and serve alcoholic bev- erages if Landry's has complied, and remains in compliance, with all State and local laws, rules, regulations, and ordinances Additionally, the bar may be used by Lan- dry's for the sale of souvenirs and other merchandise secondary to and as appro- priate to complement food and drink service. (C) The business operation must be confined to the barge restaurant, Boardwalk, and deck areas within the Premises. /h\ T"- ' - -- exclusive right to operate a restaurant in the Marina area. 2003-494 10/28/03 Ord025538 EXHIBIT A 09/17/2003 16:31 FAX Section 4. Term. The term of this Lease is for five years beginning on the 61" day after final City Council approval. 0)003/017 Section 5, Lease Rate and Payments. (A) For the first twelve (12) months of this Lease, Landry's must pay the City a base lease rate of $6,000 per month, or 2.75% of monthly "Gross Sales," whichever is greater. (B) For the second through fifth years of this Lease, Landry's must pay the City the adjusted monthly lease rate, as described in this subsection, or 2.75% of monthly "Groes Sales," whichever is greater. (1) For purposes of calculating the base lease rate only for the second through fifth years of this Lease, the monthly base lease rate will be annually adjusted up- ward, based upon the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items, Not Seasonally Adjusted ("CPI -U"), as published by the United States Bureau of Labor Statistics, or such other index as may succeed the CPI -U, as follows: For each change of one percent (1%) annually in the CPI -U index level from the CPI -U index level available immediately prior to the start date of this Lease, the monthly base lease rate will be adjusted upward by a factor of one percent (1 %); however, in no event may the annual upward ad- justment between Lease years exceed a 3% increase from the amount of the previous Lease year's monthly lease rental rate. (2) The applicable CPI -U reference base consists of base years 1982, 1983, and 1984. The CPI -U index level immediately prior to the start date of this Lease was 183.9 (July, 2003), and this level serves as the reference point upon which future adjustments to the monthly base lease rate will be made. An adjustment, if warranted by a change in the CPI -U index level, will take ef- fect thirteen (13) months following the start date of this Lease and will be fur- ther adjusted each twelve (12) months thereafter. (C) "Gross Sales" means all sales of food, drink, souvenir items, and all merchandise of any kind sold on the Premises, excluding sales, consumption, and alcoholic bev- erage taxes. (3) (D) Payments must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. 0. Box 9277, Corpus Christi, TX, 78489, or de- livered to City Hall at 1201 Leopard -Street, Corpus Christi, TX, 78401. Section 6. Lease Payment Abatement (A) The monthly lease payment may be abated during the time Landry's ceases restaur- ant business operations: Page 2 of 16 09/17/2003 16:31 FAX fit 004/017 (1) in preparation for movement to a safe moorage In accordance with Landry's Hurricane Preparedness Plan ("Hurricane Plan"), a copy of which is attached as Exhibit C and incorporated in this Lease by reference; (2) whenever the barge is rendered substantially unusable because of damage re- sulting from fire, water, wind, or force majeure; or (3) in the event major repair, renovation, or construction prohibits access to and through the Peoples Street T -Head. (B) In the event that a condition in subsection (A) of this section occurs and Landry's desires to claim a lease payment abatement, Landry's must notify the the City's Marina Superintendent or the Marina Superintendent's designee Marina Superin- tendent") in writing within three (3) business days following the occurrence of a con- dition stated in subsection (A) of this section, providing the date, time, and reason for cessation of restaurant business operations and the expected date of resumption of restaurant business operations. (C) Landry's must resume its restaurant business operations as soon as practical after a condition that caused the Cessation of restaurant business operations no longer exists. Landry's must provide the Marina Superintendent with written notice within 24 hours after resuming restaurant business operations. (D) The lease payment abatement amount will be a pro rata share of the minimum monthly lease payment due. Section 7. Monthly Financial Statements; Audit of Records. (A) Landry's must keep strict and accurate books of account and records of Gross Sales and of all receipts collected. (B) Landry's must furnish monthly statements of Gross Sales, certified by an authorized officer of Landry's, in accordance with generally accepted accounting principles and procedures and In a form approved by the City's Director of Finance. (C) Landry's books and records must be open for inspection by the City Manager at all reasonable times. (D) All underlying documentation for Landry's certified monthly statements, Including, but not limited to, cash register and computer terminal tapes, must be preserved by Landry's for at least three (3) years. The City Manager may for failure to preserve such records or provide them to the City upon the City Manager's request. (E) The City Manager may audit Landry's books and records at any time to verify Lan- dry's Gross Sales for any period within 3 years prior to an audit. xvu u m amm Derr w,n.Auc • mart Asumey, w. mm..pe Page 3 of 16 09/17/2003 16:32 FAX (1) 2 005/017 "Books and records" Includes, but is not limited to, all documents related to the conduct of the business such as: general ledgers, accounts receivables and payables, sales journals, inventory records, daily and periodic summary re- ports, cash register and computer terminal tapes, bank deposit slips, bank statements, tax reports to State and Federal agencies, and discount and rebate records. (2) Any additional payments due the City, as may be determined by an audit, must be paid by Landry's to the City, with annual interest of 15% from the date the payment became due, within 30 days of such determination and notice to Landry's. (3) Audits will be conducted at the administrative offices of the City's Park & Rec- reation Department, 1201 Leopard Street, Corpus Christi, Nueces County, Texas, 78401, and Landry's must make its books and records available at such time as required by the City's Auditor. If first agreed to in writing by the City's Director of Park & Recreation or the Director of Park & Recreation's designee ("Director"), the audit can be conducted at another site, provided Landry's re- imburses the City for the travel, food, and lodging expenses of City staff nec- essary to conduct the audit. (4) If the audit shows that Landry's has understated Gross Receipts by 3% or more, the entire expense of the audit must be paid by Landry's. Section 8. Delinquency and Default Regarding Lease Payments. (A) Landry's is "delinquent" if the City has not received Landry's's monthly lease pay- ment and certified financial statement on or before 5:00 p.m. on the 10th day of the month in which the payment and certified financial statement are due. If the 10th day on the month falls on a weekend or holiday, the payment and certified financial statement must be tendered on the first business day thereafter. (B) Landry's is "in default" if Landry's falls to pay the amount due or provide the certified financial statement within ten (10) business days after the City Manager has sent a written notice of delinquency requesting the payment, certified financial statement, or both. A default for failure to pay the amount due or provide the certified financial statement constitutes grounds to terminate this Lease. Section 9. Landry's Responsibilities. Landry's, as lessee, shall: (A) Pay fnr the installation,xnaintenance, and use of all of its utilities including, but not Vivified to, water, sewer, sanitation, electricity, natural gas, and telephone; (B) Comply with all Federal, State, and local laws, rules, regulations, and ordinances, as each may be amended, including, but not limited to, Chapter 12 of the City's Code of Ordinances and the Marina Rules and Regulations, and ensure that its em- ployees, agents, and representatives comply as well; IF.WBFDIRMMWDept flu\PARK a MOMMQIAtlakyN We q Law ]OM" id Page 4of 16 09/17/2003 16:32 FAX 12006/017 (C) Maintain the Premises and all improvements in a good and safe condition during the Lease term; (D) Maintain the barge restaurant, mooring lines, spuds, pilings, and anchors at alf times In a satisfactory state of repair, as specified by the Marina Superintendent; (E) Perform grounds maintenance for the area north of the center of the head portion of the Peoples Street T -Head, as shown on the attached Exhibit B, which is incorpo- rated in this Lease by reference, to include, without limitation, litter control of all grass and landscaped areas and the parking lots utilized by its restaurant custo- mers; (F) Raise the barge restaurant if it sinks, regardless of the cause of its sinking; (G) Remove the barge restaurant from the Marina in the event of extensive damage, de- struction, sinking, or partial sinking, regardless of cause, or threat of hurricane, as set out in Exhibit B; (H) Ensure that no pollutant, effluent, liquid or solid waste material, bilgewater, litter, trash, or garbage issued from the Premises is allowed to collect In the waters of the Marina or in the vicinity of the barge restaurant or parking areas utilized by restaur- ant customers. Landry's must regularly inspect and police the vicinity of the Prem- ises for such materials and clean up and remove such materials in order to maintain the cleanliness and attractiveness of the Marina; (I) Ensure that the noise level issuing from the Premises Is reasonable and not discern- ibly audible to a person of normal hearing sensitivity standing along the east curb lines of Shoreline Boulevard (northbound); (J) Regularly inspect and maintain fire fighting systems and equipment in the highest degree of readiness and regularly conduct training for employees in fire prevention and emergency procedures; (K) Pay all operating expenses incurred by Landry's in connection with its restaurant business operations; and (L) Pay all ad valorem taxes which may be assessed against the Premises, that are associated with Landry's use of the Premises, prior to their past due date. Section 10. Repairs and Maintenance to Barge. (A) Landry's may not make any major repairs to the barge restaurant while It is located within the Premises, the determination of what constitutes "major repairs" being within the sole and reasonable discretion of the Manna Superintendent. However, the Marina Superintendent may authorize reasonable minor repairs and mainte- nance within the Premises. N:VPbDLLleYrwtepi F&&PAM£ RZaMARIN wgM P wa 2001.7d Page 5 of 16 09/17/2003 16132 FAX rm 007/017 (B) For all repairs, Landry's must provide the Marina Superintendent with a written des- cription of the type of maintenance requested and the estimated time frame to start and complete the maintenance requested, al bast one week prior to the requested start date. Section 11. Improvements/Additions/Alterations. (A) Landry's may not make any improvements, additions, or alterations to the Premises, the Marina facilities, the exterior of the barge restaurant, or the Boardwalk without the prior written approval of the Director and the City Manager. Landry% must also obtain clearance, in writing, from the City's Risk Manager as required by Section 26(D) of this Lease. (0) If approved, any Improvements, additions, or alterations made by Landry's to the Premises must comply with all applicable City Codes. (C) Landry's acknowledges and agrees that all improvements, additions, and alterations that may be made to the Premises, including the Boardwalk area, during the tens of this Lease become the property of the City upon the earlier termination or expiration of this Lease. Section 12. Restaurant Operations. Landry's shall carry out the restaurant operations in a businesslike manner at all times. The hours and days of operation during the term of this Lease must be comparable to those of other restaurants In the City that place emphasis upon lunch and evening meals. Section 13. Hurricane Preparedness. If the City or the surrounding area is threatened by a hurricane or other emergency weather situation, Landry's shall comply with all or- ders of the Marina Superintendent pursuant to the Hurricane Preparedness Plan, as set out in Exhibit C. Section 14. Sanitation. Landry's shall store garbage and trash aboard the barge res- taurant or upon the Peoples Street T -Head at a location designated by the Marina Su- perintendent. All garbage and trash stored in designated areas upon the T -Head must be stored in dumpster-type containers. Such containers must be housed Inside a small building, screened or appropriately landscaped, and all at Landry's expense and as ap- proved by the Marina Superintendent. The garbage container area must be maintained by Landry's. Landry's shall obtain garbage pickup no less than five (5) days per week. Landry's may not store anything outside either the dumpster itself or the dumpster housing. Section 15. Parking. Landry's restaurant customers may park on the stem and head portion of the Peoples Street T -Head, provided, however, that such parking areas may not be utilized by Landry's for the exclusive use of Landry's and Its employees and cus- tomers. xviamuise,s W a. NYflAIL & *rMAMUY. Nadi ititard Fr UMW 10Q1.-71 Page 6 of 16 09/17/2003 16:33 FAX Section 16. Sanitary Sewer. Z00111/017 (A) Landry's shall operate its sanitary sewer facilities in accordance with the City Code of Ordinances, Section 13-201, as amended, and City Code of Ordinances, Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, as amended. (B) The City warrants sewer service from the lift station only so long as electrical service to the station is not disrupted by storm, accident or other hazards, or catastrophe. Standby power to operate the lift station is not available at the beginning of this Lease nor is it planned by the City. Section 17. Inspection. Any officer or authorized employee of the City may enter upon the Premises, including the barge restaurant, at all reasonable times and without notice, to determine whether Landry's is providing maintenance required by this Lease, to in- spect the restaurant operations, to enforce this Lease, for purposes of any fire or police action, or for any other purpose incidental to the City's retained rights of and in the Premises. Section 18. Signs and Lighting. (A) Landry's may not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part there- of, without the prior written approval of the City Manager. (B) The City may require Landry's to replace, repaint, or repair any Signs allowed. If Landry's does not remove. repaint, or repair the Signs within 15 business days of the Director's written demand, the City may do or cause the work to be done, and Landry's shall pay the City's costs within 30 days of receipt of Director's invoice. Failure to pay the amount due within 30 days from receipt of an invoice constitutes grounds to terminate this Lease. (C) Landry's may not erect or affix any new or modified lighting fixtures ("Lighting") at, on, or about the Premises, or any part thereof, without the prior written approval of the City Manager. (D) If approved, the new or altered Signs and Lighting must comply with the City's Code of Ordinances and the City's zoning ordinance, as each may be amended. Section 19. Ass' nment or Subl (A) Landry's may not, without the prior written consent of the City's City Council ("City Council"), such consent not to be unreasonably withheld, assign this Lease or sub- lease any portion of the Premises. Any attempted assignment or sublease, without the prior written consent of the City Council may, in the City Manager's sole discre- tion, render this Lease null and void. H'4lO W dabaW,UO, FIeVASX I RECWARINAVaebrtkW4ry, We 2001.x4/ Page 7 of 16 09/17/2003 16:33 FAX Q“109/017 (B) In the event of the City Council's consent to an assignment or sublease of this Lease, each provision, term, covenant, obligation, and condition required to be per- formed by Landry's must be binding upon any assignee or sublessee and is partial consideration for the City Council's consent to the assignment or sublease. Any failure of the assignee or sublessee to strictly comply with each provision, term, covenant, obligation, and condition stated in this Lease may, in the City's Manager's sole discretion, render this Lease null and void. Section 20. Non-discrimination. Landry's covenants and agrees that it shall not dis- criminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, gender, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Violation by Landry's of this covenant constitutes grounds for the City to immediately terminate this Lease. Section 21. Relationship of Parties. This Lease establishes a landlord/tenant rela- tionship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both the City and Landry's will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint ven- turers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the otter party for any purpose whatsoever. Landry's shall employ sufficient employees to operate the restaurant busi- ness and such employees must be solely in the employ of Landry's. Section 22. Termination and Damages Prior To Expiration. If Landry's terminates this Lease prior to expiration, Landry's must pay the City, within 30 days of termination, liquidated damages in the amount of $34,500 to offset income the City will lose due to Landry's early termination of this Lease. The liquidated damages paid by Landry's will provide revenue to the City while the City attempts to find a new restaurant operator or other revenue source. Section 23. Termination upon Default. The City may terminate this Lease if Landry's fails to comply with any provision, tern, covenant, obligation, or condition of this Lease and fails or refuses to cure the default within a reasonable time after receiving written notice of the default. Notwithstanding the immediately preceding language, default of Section 20 of this Lease will subject this Lease to immediate termination. Section 24. Removal of Barge. (A) In the event of termination or expiration of this Lease, Landry's must remove the barge restaurant from the Marina, at Landry's cost and without damage to City prop- erty. If Landry's fails to remove the barge restaurant within 30 days after termination or expiration of this Lease, the City may remove the barge restaurant and repair any City property damaged by the removal, and the City will invoice Landry's for such HALIIGaitleilabviattapi RSIAfl a FECVfAkma.riya.si,, W ]OLw01 Page 8 of 16 09/17/2003 16:34 FAX rm olo/017 removal and repair costs, which Landry's covenants to pay within 30 days of receipt of the invoice. (B) If the City removes the barge restaurant from the Marina after Landry's failure to timely do so, City may dock or store the barge restaurant at any location chosen by the City Manager, and Landry's must pay for all costs and expenses of such transit, docking, or storage. The City has no duty to protect, maintain, or care for the barge restaurant during transit, docking, or storage and cannot be held liable by Landry's for damage to the barge that may arise out of or in any way be connected with the transit, docking, or storage of the barge. Section 25. Indemnification, (A) To the extent allowed by Texas law and in consideration of al- lowing Landry's to lease the Premises, Landry's ("Indemnitor") covenants to fully indemnify, save, and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all claims, demands, actions, damages, losses, costs, liabilities, expenses, andJudg- ments asserted against or recovered from the City on account of injury or damage to persons or property (including, without limi- tation on the foregoing, premises defects, workers' compensa- tion, end death claims), to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Landrys' performance pursuant to this Lease; (2) Landrys' use of the Premises and any and all activities associated with the Premises pursuant to this Lease; (3) the violation by Landry's, its officers, employees, agents, or representatives or by !ndemnl- tees of any Mw, rule, regulation, ordinance, or government order of any kind pertaining directly or Indirectly to this Lease; (4) the exercise of rights under this Lease; or (5) an act, omission, or criminal violation on the pert of Landry's, its officers, employees, agents, representatives, contractors, patrons, guests, licensees, or invitees entering upon the Premises or Boardwalk area with or without the express or Implied invitation of Landry's, or of In- demnitees, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, omission, or criminal violation is caused or is claimed to be caused by the sole, contributing, or concurrent negligence of Indemnitees, but not if such damage or injury results from the gross negligence or willful misconduct of the Indemnitees. tflZO tISI W t Fie \PAM L *S MMwAVndrAtadM tam io, ,.pe Page 9 of 16 09/17/2003 16:34 FAX fmo11/017 (8) Landry's covenants and agrees that, if the City Is made a party to any litigation against Landry's or in any litigation commenced by any party, other than Landry's relating to this Lease, Landry's shall, upon receipt of reasonable notice regarding commence- ment of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City In all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, actions, damages, losses, costs, //abilities, expenses, or judgments. (C) The provisions of this section survive the earlier termination or expiration of this Lease. Section 26. Insurance. (A) Landry's must provide insurance in the amounts and types of coverages required by the City's Risk Manager or the Risk Manager's designee ("Risk Manager") as delin- eated in Exhibit D, which is attached to this Lease and incorporated in this Lease by reference. Landry's must provide the City's Director of Park and Recreation and the Risk Manager with a Certificate of Insurance, stating the levels and types of cover- ages, at least 30 days prior to the annual anniversary date of the effective date of this Lease. (B) The language on the Certificate of Insurance must provide that the City's Director of Park and Recreation and the Risk Manager receive at least 30 days advance written notice, by certified mail, of any cancellation, non -renewal, or material change in the insurance policy required In Exhibit D. (C) The Risk Manager retains the right to annually review the limits and types of insur- ance required by this Lease, to require increased coverage limits and types, if ne- cessary in the interest of public health, safety, or welfare, or to adequately insure the Premises, and to decrease coverage, if so warranted. In the event of any neces- sary increase, Landry's will receive at least 30 days written notice of the revised re- insurance requirements. Landry's shall procure the revised insurance limits and types within 30 days of receipt of written notice of the revised insurance require- --menta-and-provide-written-proof of insurance to the City's Director of Park and Rec- reation and the Risk Manager. (D) Landry's shall, prior to the construction of any improvement, addition, or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed improvement, addition, or alteration will not necessitate a change or modification In the existing insurance coverage maintained by Landry's. This clearance is in addition to the prior consent required by Section 11(A) of this N.W9SoIR'duh"kDq MeeeA,S! "FCNIARINNLWyµwy„ la„ 200 wpl Page 10 of 16 09/17/2003 16:34 FAX Q1012/017 Lease. In the event that the Risk Manager determines that the improvement, addi- tion, or alteration necessitates increased insurance coverage, Landry's shall procure such increased insurance coverage within the time specified by the Risk Manager. Section 27, Taxes. (A) Landry's shall pay all taxes, license and permit fees, and other fees required to op- erate the Premises. Landry's shall also pay all taxes that Landry's use of the Prem- ises causes to be assessed against the Premises, and any Fixed Asset and Per- sonal Property taxes appurtenant to the Premises. Landry's shall pay all taxes prior to the due date. (B) Further, Landry's covenants to pay payroll taxes, Medicare taxes, FICA taxes, un- employment taxes, and all other related taxes according to the United States Inter- nal Revenue Service's Circular E, entitled "Employer Tax Guide", Publication 15, as it may be amended, prior to their respective due dates. Landry's shall provide proof of payment of these taxes within 30 days after payment is due or the Marina Super- intendent requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. Section 28. Notice. (A) All notices, demands, requests, or replies provided for or permitted by this Lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid, to the addresses stated below; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service; or (5) by fax transmission. (8) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph com- pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission with proof of delivery. (C) All such communications must be made only to the following: JF TO THE CIT(: City of Corpus Christi Attn: Director of Park & Recreation P.O. Box 9277 Corpus Christi, TX 78469-9277 (381) 880-3480 Office (361) 880-3864 Fax K:4bQ Oa islithis MOMS & RFCW MRUYa,&) I LIed,p Luau MI %pi IF TO LANDRY'S; Landry's Restaurants, Inc. Attn: Steven L. Scheinthal 1510 West Loop South Houston, TX 77027 (713) 388-7365 Office (713) 386-7654 Fax Page 11 of 16 09/17/2003 16:35 FAX a013/017 (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change or fax number change within ten (10) days after the address or number is changed. Section 29. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease and including during any Holdover Period that may occur. Section 30. Modifications. This Lease may be modified by the parties if the parties enter into a separate development agreement for the City's Marina area during the term of this Lease. 140 other changes or modifications to this Lease may be made nor any provision waived unless made in writing and signed by persons duly authorized to sign agreements on behalf of each party. Section 31. Interpretation; Vanua. This Lease is to be interpreted according to the Texas laws which govem the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 32. Captions. The headings contained in this Lease are for convenience and reference only and are not intended to define or limit the scope of any provision. Section 33. Publication. Landry's agrees to pay the cost of newspaper publication of this Lease and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 34. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Lease. The waiver of any covenant or con- dition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, may not be taken to constitute a waiver of any subse- quent breach of the covenant or condition nor justify or authorize the nonobser- vance on any other occasion of the same or any other covenant or condition of this Lease. If any action by Landry's requires the consent or approval of the City on one occasion, any consent or approval given on said occasion shall not be deemed a consent or approval of the same or any other action at any other occasion. (8) Any waiver or indulgence of Landry's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time-Landry's-is-in-defauf-in-any of its conditions or covenants of this Lease, the fail- ure on the part of the City to promptly avail itself of said rights and remedies which the City may have shall not be considered a waiver on the part of the City, but the City may at any time avall itself of said rights or remedies or elect to terminate this Lease on account of said default. Any waiver by the parties of a breach of any cov- enants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach nor shall the failure to require full compliance with this X VJ6.DItWm.No.s MOAN( RaCWAPIHALIMF,#Al.yiy. W., 1003spe Page 12of 16 09/17/2003 16:35 FAX Ed 014/017 Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 35. Force Majeure. No party to this Lease Is liable for delays or failures in per- formance due to any cause beyond their control including, without limitation, any delays or failures In performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, or riots or interference by civil or mil- itary authorities. Such delays or failures to perform extend the period of performance until these exigencies have been removed. Landry's shall inform the City in writing of proof of such force maJeure within three (3) business days or otherwise waive this right as a defense. Section 36. Surrender. Landry's acknowledges and understands that the City's agree- ment to lease the Premises to Landry's is expressly conditioned on the understanding that the Premises, including, but not limited to, the Boardwalk area, must be surrendered upon the expiration, termination, or cancellation of this Lease in es good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Landry's is without fault, excepted. Section 37. Enforcement Costs. In the event any legal action or proceeding is under- taken by the City to repossess the Premises, collect the rent payment(s) due pursuant to this Lease, collect for any damages to the Premises, or to, in any other way, enforce the provisions of this Lease, Landry's agrees to pay all court costs and expenses and such sum as a court of competent jurisdiction may adjudge reasonable as attomeys' fees In said action or proceeding or, in the event of an appeal, as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 38. Survival of Terms. Termination or expiration of thls Lease for any reason does not release either party from any liabilities er obligations set forth in this Lease that (1) the parties have expressly agreed survive any such termination or expiration, inclu- ding, but not limited to, Section 25; (b) remain to be performed; or (c) by their nature would be Intended to be applicable following any such termination or expiration. Section 39. Acknowledgment and Construction of Ambiguities. The parties ex- pressly acknowledge that they have each independently read and understood this Lease. By Landry's execution of this Lease, Landry's agrees to be bound by the terms, covenants, and conditions contained in this Lease. Furthermore, Landry's acknow- ledges and understands that this Lease is not binding on the City until properly autho- rized by the City's City Council and executed by the City Manager. By agreement of the parties, any ambiguities in this Lease are not to be construed against the drafter. Section 40. Severability, (A) if, for any reason, any word, phrase, paragraph, provision, or section of this Lease or the application of such language to any person or circumstance Is, to any extent, held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease or by a final judgment of a court of competent jurisdiction, M;\L G-DIRWbe4MD tFyMIARK& 'R AaDd WMfleA1aI)b Lnw]W)npd Page 13 of 16 09/17/2003 16:36 FAX (B) Q1015/017 then the remainder of this Lease, or the application of said language to persons or circumstances other than those as to which it is held illegal, Invalid, or unenforce- able, will not be affected hereby, for it is the definite intent of the parties to this Lease that every word, phrase, paragraph, provision, or section of this Lease be given full force and effect for its purpose. To the extent that any word, phrase, paragraph, provision, or section of this Lease is held Illegal, invalid, or unenforceable under present or future laW effective during the term of this Lease or by a final Judgment of a court of competent jurisdiction and in lieu of each such illegal, invalid, or unenforceable language, a word, phrase, paragraph, provision, or section, as similar in terms to such illegal, invalid, or unen- forceable language as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 41. Entire Agreement. This Lease document and the incorporated and at- tached exhibits constitute the entire agreement between the City and Landry's for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Leese, are expressly revoked, as it is the Intention of the parties to provide for a com- plete understanding within the provisions of this Lease and Its exhibits of the terms, con- ditions, promises, and covenants relating to Landry's operations and the Premises to be used in the operations. 11:410-NRWI Weep Plat AIM R FELWMWNMVady,W,y,n Lar 2031. wid Page 14 of 16 09/17/2003 18:36 FAX 2016/017 dCUTED,INDMPVCATE, each of which shall be considered an original, on this the ay of 'U , 2003. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI AP , OVED AS TO LEGAL ORM: / D/gl/03 2003. Elizab I R. Hundley Ass': rnt City Attorney for the City Attorney STATE OF TEXAS 5 5 COUNTY OF NUECES This Instrument was acknowledged before me on thef 0(20 heir - ay of 2003, by George K. Noe, City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on CAL12_553 AUTX Itl[Li 1ST COUNCIL 1 ���1�� SECRETARY lI�/ behalf of the corporation. WL 0-IAbtsbal10yl Pir,I,W(AEOMARTIOt eALead* WR2003...pd Notary Public, State of Texas Y,�¢_ Connie Parka .6 My Commiubn Erprcee %II.^^il November 09. 2007 Page 15 of 16 OS/17/2003 16'.36 FAX LANDRY'S SEAFOOD AND STEAKHOUSE - CORPUS CHRISTI, INC. By: ,t_n Steven L. Scheinthal, Vice President Date: STATE OF TEXAS COUNTY OF HARRIS 4 i 1 This instrument was acknowledged before me on the I � day of 017/017 2003, by Steven L. Scheinthal, Vice President of Landry's Seafood and Steakhouse—Corpus Christi, Inc., a Texas corporation, on Imhoff of the corporation. KIM TRAN Notary Public, State of Texas My Commission Expires March 07, 2007 xN G.OI S le.q Fin \ PAM a REt 4AUNANsbyKwm Las. 1003.M ft&fY L Notary Publk, State of Texas K�►�-net, L Printed Name Commission expires: Page 16 of 18 Legal:'4 T0:917139615027 P.012'024 =P-19-2002 16:09 FROM: SEP -19-2002 16:09 FROM: t TO: 917139615027 Exhibit E P.0131024 • 0 AREA OF GROUNDS MAINTENANCE RESPONSIBILITY SEP -19-2002 16:09 FROM: T0: 917139615027 P.014/024 E}OfIBIT C Alert and Operational Conditions Civil Defense City of Corpus Christi The following system for indicating the various phases of hurricane warnings will be used: Condition 5 - An alert condition set annually on June 1, which remains in effect through November 30. This condition indicates that the hurricane season exists. Condition 4 - The path of a storm or hurricane has been fairly well established to indicate destructive wind of force within 72 hours. Condition 3 - Movement of a storm or hurricane indicates destructive winds of force within 24 hors T:1-- :,rcliminary precautionary measures. Condition 2 - iviovemem in -storm or hurricane indicates destructive winds of force within 18 hours. :went of a state of readiness on short notice. Common 1 - Movement nt nnrrn or hurricane indicates destructive winds of force imminent. Esta sus a state of readiness and take precaution to minimize damage. l{urrjeane Preparedness Plan of Barge Restaurant (1) when Civil Defense alert and operational condition four (4) is announced, contact with restaurant -retained tug operator will be made. initial preparations regarding food spoilage and securing loose objects will be made. (2) when Civil Defense alert and operational condition three (3) is announced, the barge will be disconnected and tugged to the inner harbor area to a predesignated location. (Several sites have already been identified and initial contact with owners made.) (3) At condition two (2), it is anticipated that the barge will already be moved or is in the process of being moved. 10 A0700.On1 11115/2002 1619 CITY CRPS CRST1 / RISK MGMNT 4 917133867654 N0.814 P002 EXHIBIT C LANDRY'S SEAFOOD AND STEAKHOUSE — CORPUS CHRISTI, INC. 2002 HURRICANE/EMERGENCY ACTION PLAN This Hurricane/Emergency Action Plan (hereinafter, the "Plan') for the food and beverage facility, known as LANDRY'S SEAFOOD AND STEAKHOUSE — CORPUS CHRISTI, INC. (hereinafter, "Landry's") including the property, facilities, and improvements, has been de- veloped with the coordination and approval of the Emergency Management Office, the Marina Division of the Park & Recreation Department, and the Police Department of the City of Corpus Christi. It is current for the 2002 hurricane season and thereafter until replaced, rescinded, or amended. This Plan will be reviewed by the Marina Superintendent and Landry's General Manager on an annual basis, prior to June is of each calendar year, and any updates, corrections, or revisions will be forwarded to the Marina Superintendent's office by that date. LANDRY'S SEAFOOD AND STEAKHOUSE — CORPUS CHRISTI, INC. Office Telephone #: (361) 882-6666 General Manager: R. W. Newcomer, Jr., 705 Saint Bernadine, CC, TX 78416 Home: (361) 937-4363; Pager: (361) 886-7031; Mobile: (361) 813-5607 Manager (1): Robert Newcomer, III, 4306 Wondering Creek, CC, TX 78410 Home: (361) 242-0504; Mobile: (361) 549-9926 Manager (2): Mildred Trujillo, 4633 Christine, CC, TX 78415 Home: (361) 851-2071 Manager (3): Jay Kahn, 1510 West Loop South, Houston, TX 77027 Home: (979) 241-8326; Pager: (888) 858-7243 #106227; Mobile: (214) 417-4371 Office: (214) 698-1010 Manager (4): Scott Musser, 1510 West Loop South, Houston, TX 77027 Home: (281) 351-6901; Pager: (888) 858-7243 #124649; Mobile: (713) 410-7383 Office: (713) 386-7268 CORPUS CHRISTI MARINAELY PERSONNEL OFFICE: (361) 882-7333 (24 hours) Peter Davidson, Marina Superintendent Pager: (361) 886-0308; Radio #891 Rene Garza, Marina Supervisor Mobile: (361) 815-5920 Pager: (361) 224-4988; Home: (361) 855-3835; Radio #897 Mobile: (361) 537-2463 11/15/2002 16:19 CITY CRFS CRSTI / RISK MGMNT -* 917133667654 h10.814 p203 GOVERNMENT OFFICES Police Department Fire Department Emergency Operating Center Emergency Management Office 886-2600 National Weather Service 880-3900 Recorded Forecast 289-1861 880-3714 Office 28940959 880-3700 Park & Recreation Office 880-3461 GENERAL -PROVISIONS 1. The order to implement the Plan may be issued by the Mayor, City Manager, Emergency Management Coordinator, Director of Park and Recreation, or the Marina Superintendent. 2. It shall be the sole responsibility of Landry's owners/operators to remove from the Premises all equipment, inventory, furniture, materials, supplies, all portable units/buildings, and to secure the facilities. 3. It shall be the sole responsibility of Landry's to ensure no pollutants enter the waters of the Marina from any operation owned/operated by Landry's, such as grease traps, fueling operations, garbage, materials, etc. 4. All owners/operators, managers, and employees will be required to evacuate the Marina Complex when conditions threaten human safety as determined by the Police Chief or Marina Superintendent. The Marina staff will secure the Marina Complex and ensure all persons are notified of the danger. 5. The Marina Office has issued Emergency Passes to key Landry's employees. Access to the Marina Complex will be restricted to persons presenting evidence of tenancy issued by the Corpus Christi Municipal Marina (i.e., a copy of the lease document or a Marina Emergency Pass). INCREASED READINESS ACTIONS FOR VARIOUS CONDTTIONS This Plan is framed around four "conditions" which represent varying degrees of threatened emergencies and is based on the action to be taken as these conditions are known to develop through information received from the National Weather Service or any other sources. These conditions are as follows: CONDITION NUMBER 4 (GREEN) - Beginning of Disaster Vulnerability Season - This condition will be used by emergency services personnel to refer to a situation which causes a higher degree of disaster possibility than is normally present. This condition will automatically go into effect upon such occurrences as the beginning of the Hurricane Season (June 1st each year, remaining in effect through November 30th each year) or other general conditions, such as a fire threat due to severe drought. 11/15/2002 16:19 CITY CRPS CRSTI / RISK MGMNT -> 917133867654 NO.814 p004 Landry's Seafood & Steakhouse -. Corpus Christi, Inc. -3- November 2002 CITY ACTION: The City will initiate general increased readiness activities, submit all updated Plans, and utilize the media and other sources to recommend various protective actions to the public. LANDRY'S ACTION: Landry's General Manager will review the Plan and provide updated information for the Plan to the Marina Superintendent no later than June l' of each calendar year. Landry's will prepare a contingency plan for: (I) disconnecting power and/or utility services from all portable building(s); (2) removing all portable building(s) from the premises; (3) having grease traps vacuumed; (4) removing objects from outside the restaurant; and (5) otherwise securing the Premises. CONDITION NUMBER (YELLOW) 3 - Situations Exist that Could Develop Into Hazardous Condition - This condition will be declared by the City Manager or Emergency Management Coordinator to identify a situation which presents a greater potential threat than "CONDITION 4" but no immediate threat to life or property. This condition might be generated by such events as a hurricane watch, tornado watch, severe thunderstorm watch, or presence of hazardous material in transit through the City by rail, truck, or other means. One such situation when Condition 3 will be declared is when the course of a hurricane has been established and the National Weather Service predicts a likely Landfall within thirty-six hours and/or within one hundred miles of the City of Corpus Christi. CITY ACTION: The Marina Superintendent, or his designee, will: advise Landry's of any changes in Condition as advisories or declarations are received • advise Landry's IF and WHEN information is received on utility shut offs. CP&L secures their service when they determine it is in jeopardy, without notice to the Marina. The Marina may shut off power if high waters make conditions dangerous. - initiate/continue removal of watercraft from the Marina Complex until it is determined the operation is unsafe due to weather/road/equipment conditions. Marina rescue boats will be hauled out prior to cessation of haul -out operations. relocate essential City records, tools, equipment and supplies to a safe location. ensure all loose items in Marina are secured. LANDRY'S ACTION: cease all normal operations of the restaurant(s) and/or gift shop and begin securing the Premises and facilities. - consult with the Marina Superintendent relative to operations; make arrangements for removal of any and all above ground tanks, oil drums, or related equipment. 11/15/2002 16:19 CITY CRPS CRSTI / RISK MGMNT 917133867654 NO.814 0205 Landry's Seafood & Steakhouse Corpus Christi, Inc. -4- November 2002 make arrangements for the removal of all refrigerated foods from the Premises. make arrangements to have all grease traps vacuumed. make arrangements for removal of any equipment, drunpsters, building materials, vending machines, potted plants, street furniture, and other objects on the Premises that are owned by or leased by Landry's or that have been placed on the Premises by Landry's. make arrangements for all furnishings, except for fixtures. to be moved above the first flnnr of the restaurant(s) or out of the Marina. CONDITION NUMBER (ORANGE) 2 - Situations Exist That Have Definite Characteristics of Developing Into A Hazardous Condition - This condition will be declared by the City Manager or Emergency Management Coordinator to identify a hazardous situation which has a significant potential and probability of causing loss of life and/or damage to property. CONDITION 2 will usually require some degree of warning the public of a potential disaster. This condition might be generated by such events as a hurricane warning, tornado warning, severe thunderstorm warning, or any other notification of the existence of a direct threat, such as a toxic material spill, major fue, growing civil disturbance, etc. One such situation when this condition will be declared is when the National Weather Service indicates the possibility of a hurricane landfall within twenty-four hours close enough to cause damaging winds or rising tides in the City of Corpus Christi. CITY ACTION: complete any remaining hurricane preparations and begin evacuating all persons from the Marina Complex. LANDRY'S ACTION: complete any remaining hurricane preparations. evacuate all employees from the Marina. CONDITION NUMBER 1 (RED) - Hazardous Conditions Are Imminent - This condition will be used to signify occurrence of a major emergency IS imminent Events such as a hurricane strike, landfall predicted in 12 hours or less tornado strike, large explosion, widespread civil disturbance, damaging tides, or other similar events will constitute a "Condition One" declaration. CITY ACTION: ensure that all hurricane preparations throughout the Marina Complex have been completed and all persons have evacuated the Marina Complex. 11.1S:'2002 16 19 :iT' CRPS t. ,R ' RISK NGNNT 4 917133867654 N0.814 V006 Landry's Seafood & Steakhouse — Corpus Christi. Inc. -5- November 2002 LANDRY'S ACTION: Landry's will have completed all preparations prior to this Condition and are required to evacuate all Landry's employees from the Marina Complex. HURRICANE PASSED: Marina staff will report to duty. as directed by the City's Red Weather Policy, for damage m and an- , facility clean-up and launching operations, security, etc. Access t: • MP'' will be restricted to ' .,s presenting evidence of tenancy issued by the ' M- i'` - rina Emergency Pass). L.. .FOOD.. r 'Mr; USE -. CORPUS CHRISTI, INC.: At The Lawrence Street T -Head By: Date: City of Corpus Christi, Park & Recreation Department BY: Date: City of Corpus Christi, Police Department By: Date: City of Corpus Christi, Emergency Management Office By: Date: -r - 3 &' RE EXHIBIT D INSURANCE REQUIREMENTS 3171 15027 P.020/021 A. The Lessee's must not commence work under this agreement until he/she has obtained all insurance required herein and inch insurance has been approved by the City. Nor may the Lessee allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B The Lessee must furnish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested third parties. Landry's Lease Ins. Req. 2-11-97 ep Risk Mann TYPE OF INSURANCE MBVIMUMINSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1 CommaaalForm 2 Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual insurance 5 Broad FonuProperty Damage 6 independent Contactors 7 Personal Injury 52,000,000 COMBINED SINGLE LIMIT Host Liquor Liability Coverage S1,009,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY—OWNED NON.OWNED OR RENTED 51,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' L1nanLrrY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH 11 OF THIS EXHIBIT 5100,000 C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested third parties. Landry's Lease Ins. Req. 2-11-97 ep Risk Mann ;EP :3-Rrr: II. A. The Lessee must obtain workers' compensation coverage through a licensed insurance company or h through self-insurance obtained in accordanceh Texas law. be written on a If suchy and coverage isobtained thro $h a licensed company, the contract for coverage by the Texas Department of Insurance If such coverage is provided through self-insurance, then within 10 calendar days afterthe date the Contract Administrator or his designee requests that the Lessee sign the contract documents, the Lessee must provide the Risk Manager with a copy of its certificate of authority to self -insure its workers' compensation coverage, as well as a letter signed by the Lessee, statingot at the c ti then of authority to self -insure remains in effect and is not subject to any proceeding before final pending before the Texas Workers' Compensation Commission. Further, if at anymade the subject of the Work bin the City, suchwhich could certificate of authority to esu in revocation of the certificate,'s revoked or then the Lessee must these late of any de wrist proceedingcertified mail, return receipt requested immediately provide written notice of such Pacts to the City, by directed to City of Corpus Christi, Parks & Recreation Department, P.O. Box 9277, Corpus Christi, TX 78469-9277 - Attention: Contractor Administrator. Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount suffim� t to assure that all workers' compensation obligations incurred by the Lessee will be promptly qD D rrnwrei BFQ T0:3171- 15027 P.021/024 B Certificate of Insurance: + The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form, the cancelladon clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". The name of the project must be listed under "Description of Operations" * At a minimum, a 30 -day written notice of change or cancellation is required. t show on its face the existence of the C, If vee Certificate by Insurance 1.B () (8)san authore does ized representative of the insurance company must inc requireddto itemssec Ica y stating ), g are included or excluded must include a letter specifically `whether items 1.13. (1)-(8) III. A completed Disclosure of Interest must be submitted with your proposal. Landry's Lease Ins. Req 2-11.97ep Risk Mgmt.