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HomeMy WebLinkAbout028151 ORD - 05/12/2009Page 1 of 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE MARINA SLIP RENTAL CONTRACT WITH YACHTING CENTER OF CORPUS CHRISTI, LLC, TO ALLOW SALE OF ON -PREMISES ALCOHOLIC BEVERAGES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or his designee is authorized to amend the Marina Slip Rental Agreement with Yachting Center of Corpus Christi, LLC to allow sale of alcoholic beverages on premises. A copy of the Amendment is on file with the City Secretary. ATTEST: CITY CORPUS HRISTI Armando Chapa my Garr City Secretary Mayor Approved: " . D 1, Poo'j By: ("--4/7;tI rt Lisa Aguilar Assistant City Attorney For City Attorney 028151 H:\LEG-DIR\Lisa\2009 Ordinance mend Yachting Center of Corpus Christi.doc Corpus Christi, Texas / Day of , 2009 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, Council Members The above ordinance was passed by the following v.te: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 028151 AMENDMENT TO YACHTING CENTER OF CORPUS CHRISTI, LLC MARINA SLIP RENTAL CONTRACT THIS Amendment to the Marina Slip Rental Contract is made and entered into this day of May, 2009, by the CITY OF CORPUS CHRISTI, a municipal corporation and political subdivision of the State of Texas, hereinafter referred to as "CITY," and Yachting Center of Corpus Christi, LLC , hereinafter referred to as "Yachting Center" Whereas, the parties previously entered into Agreement approved by City Council on December 9, 2008, under Ordinance No. 027969 which authorized Marina Slip Rental for fourteen years, six months term; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Exhibit A, Section 3 of the Agreement is hereby amended to allow the sale of alcoholic beverages to the public for on -premises consumption, subject to compliance with applicable state and local regulations. 2) The insurance exhibit is replaced with the attached exhibit. 3) All other terms and conditions of the previously executed Agreement between the parties which are not inconsistent herewith shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized officers executed this Agreement, to be effective sixty-one days after final approval by City Council. EXECUTED IN DUPLICATE ORIGINALS this day of , 2009, 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 , 2009: Lisa Aguilar Assistant City Attorney For the City Attorney Yachting Center of Corpus Christi, LLC By: Name: Title: Date: INSURANCE REQUIREMENTS I. YACHTING CENTER OF CORPUS CHRISTI LLC'S LIABILITY INSURANCE A. Yachting Center of Corpus Christi, LLC must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Yachting Center of Corpus Christi, LLC must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Yachting Center of Corpus Christi, LLC must furnish to the City's Risk Manager or designee, two (2) copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day written notice of cancellation, material change, non -renewal or termination is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate limit Ocean Marine Coverage 1. Marine Owners Liability coverage 2. Premises Liability — Broad Form General Liability 3. Products/ Completed Operations 4. Contractual Liability 5. Personal Injury & Advertising Injury 6. Fire Legal Liability $1,000,000 per occurrence form $250,000 Damage to Premises rented to you $5,000 Medical Payments Commercial Property Legal Liability coverage to include value of leased area Ordinance or Law Coverage Time Element — Leasehold Interest Lessee is responsible for their own insurable interesi their property $250,000 Liquor Liability $1,000,000 Inland Marine / Builders Risk In amount of value of the floating barge Protection & Indemnity (P & I) Improvements and Betterments (as per Exhibit A) $1,000,000 (When applicable) Environmental Impairment Liability — Broad form pollution liability coverage $1,000,000 Business Auto Liability to include Hired and Non -owned Auto Liability $1,000,000 C. In the event of accidents of any kind, Yachting Center of Corpus Christi, LLC must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. If applicable, as stated in Section I -B, Table, Yachting Center of Corpus Christi, LLC must obtain the applicable workers' compensation coverage or maritime exposure protection for its employees through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Yachting Center of Corpus Christi, LLC will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessee's right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII). C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies).Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, on the Ocean Marine Coverage and Business Auto Liability coverage. • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Bidder may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. NOTE: The limits and types of coverages are subject to adjustment if upon review of permit application, it is determined that the activity under this permit requires increased levels and types of coverages. 2009 Revised Yachting Center CC, LLC. ins. req. 4-15-09 ep Risk Mgmt