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