HomeMy WebLinkAbout029170 ORD - 08/23/2011ORDINANCE
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A 14
YEAR LEASE AGREEMENT (WITH AN OPTION TO RENEWAL FOR
AN ADDITIONAL 10 YEARS AT CITY COUNCIL'S DISCRETION) WITH
THE PADRE ISLAND YACHT CLUB THAT SUPERSEDES THE
CURRENT 10 YEAR LEASE THAT EXPIRES ON JULY 11, 2015;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a 14 year Lease
Agreement (with an option to renew for an additional 10 years at the discretion of City
Council) with Padre Island Yacht Club that supersedes the current 10 year lease that
expires on July 11, 2015. The Lease Agreement is attached as Exhibit A and a copy is
on file with the City Secretary.
SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease Agreement
begins on the 61St day after City Council adoption of this ordinance on second and final
reading and will have a term of 14 years; and the second and final reading of this
ordinance is at least twenty eight (28) days after the first reading. Each reading was
done at a regular meeting of the City Council.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance is held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance be given full force and effect for its purpose.
SECTION 4. 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.
029170
PI Yacht Club Pier Lease Ord 07012011.docx
INDEXED
That the foregoing ordina a was read fort a first time and passed to its second
reading on this the f day of L:kL,j , 2011, by the following vote:
Joe Adame
Chris N. Adler
Larry R. Elizondo, S
Kevin Kieschnick
Priscilla Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
That t,going ordinance was read for the second time and passed finally on this
theday of , 2011, by the following vote:
Joe Adame
Chris N. Adler
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
.411
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
PASSED AND APPROVED, this the oC3y of
ATTEST:
Armando Chapa
City Secretary
, 2011.
161
APPROVED: - day of Jv � , 2011:
R. Jing
First As istant City ttorney
For City Attorney
0'29170
PI Yacht Club Pier Lease Ord 07012011.docx
2
INSURANCE REQUIREMENTS
I. PADRE ISLAND YACHT CLUB'S LIABILITY INSURANCE
A. Padre Island Yacht Club 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 Padre Island Yacht
Club must not allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been so obtained.
B. Padre Island Yacht Club must furnish to the City's Risk Manager or designee, two (2) copies of
Certificates of Insurance, with applicable policy endorsements 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 waiver of subrogation in favor of the City is
required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -day written notice of cancellation is required on
all certificates of insurance with applicable policy
endorsements
Bodily Injury and Property Damage
Per occurrence / aggregate limit
Ocean Marine Coverage
1. Marina Owners/Operators 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
Padre Island Yacht Club is responsible for their own
insurable interests in their property
Liquor Liability — when liquor being served or
consumed
$1,000,000
Inland Marine / Builders Risk
If applicable
In amount of value of the improvements
Business Auto Liability to include Hired and Non-
owned Auto Liability
$1,000,000
Workers Compensation
and/ or
USL&H
Employers Liability
Applicable for paid employees
Which complies with the Texas Workers
Compensation Act and Section l! of this exhibit
$500,000 / $500,000/ $500,000
C. In the event of accidents of any kind, Padre Island Yacht Club must furnish the Risk Manager with
copies of all reports of such accidents within ten (10) days of the accident.
EXHIBIT B
II. ADDITIONAL REQUIREMENTS
A. If applicable, as stated in Section I -B, Table, Padre Island Yacht Club 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 Padre Island Yacht Club will
be promptly met.
B. Padre Island Yacht Club's financial integrity is of interest to the City; therefore, subject to
Padre Island Yacht Club's right to maintain reasonable deductibles in such amounts as are
approved by the City, Padre Island Yacht Club shall obtain and maintain in full force and
effect for the duration of this Contract, and any extension hereof, at Padre Island Yacht
Club'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).Padre Island Yacht Club 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. Padre Island Yacht Club 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. Padre Island Yacht Club 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,
Padre Island Yacht Club shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Padre Island Yacht Club'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 Padre Island Yacht Club'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 Padre Island Yacht Club to stop
work hereunder, and/or withhold any payment(s) which become due to Padre Island Yacht
Club hereunder until Padre Island Yacht Club demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Padre
Island Yacht Club may be held responsible for payments of damages to persons or property
resulting from Padre Island Yacht Club's or its subcontractors' performance of the work
covered under this agreement.
H. It is agreed that Padre Island Yacht Club'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
agreement, it is determined that the activity under this agreement requires increased levels
and types of coverages.
2011 Padre Island Yacht Club ins. req.
5-9-11 ep Risk Mgmt
r
PADRE ISLAND YACHT CLUB
2011 HURRICANE/EMERGENCY ACTION PLAN
This Hurricane/Emergency Action Plan (hereafter Plan) for the Padre Island Yacht Club (hereafter
PIYC) property and facilities has been developed with the coordination and approval of the
Emergency Management Office, Marina and Police Departments of the City of Corpus Christi. It is
current for the 2011 hurricane season and thereafter until replaced, rescinded or amended. This Plan
will be reviewed by the Marina Superintendent and PIYC's General Manager on an annual basis
prior to June 1st and any updates, corrections and/or revisions will be forwarded to the Emergency
Management Office by that date.
PIYC CONTACT LIST -- 949-2248
Chuck Hoffman, Commodore, 13913 Skysail, 78418;
Res.: 949-3112 or 949-7551: Cell: (361) 318-5063
Adra Campbell, Vice Commodore, 13606 Moro Lane, 78418;
Res.: 949-4602; Cell: (361) 537-2355
Augie Wagner, Dockmaster; 15410 Fortuna Bay Drive #303, 78418;
Res.: 949-3253; Cell: (949) 374-1999
CORPUS CHRISTI MARINA KEY PERSONNEL - Ofc.: 826-3980
Peter M. Davidson, Marina Superintendent
Rene Garza, Marina Maintenance Technician
GOVERNMENT OFFICES
Police Department
Fire Department
Emergency Operating Center
Emergency Management Office ...
GENERAL PROVISIONS
886-2600
826-3900
826-1100
826-1100
National Weather Service
Recorded Forecast 289-1861
Office 289-0959
Parks & Recreation Office .. 826-3461
1. The order to implement the Plan may be issued by the Mayor, City Manager, Emergency
Management Coordinator or Marina Superintendent.
2. It shall be the sole responsibility of PIYC's Owners/Operators to secure or remove from the
premises all equipment, furniture, materials, supplies and portable units stored outside or on
the property and to secure the facility.
3. It shall be the sole responsibility of PIYC to insure no pollutants enter the waters of the
adjacent waters from any operation owned/operated by PIYC i.e., grease traps, garbage,
materials. etc.
NYC
-1-
EXHIBIT C
05/18/11
4. All owners/operators, managers. employees will be required to evacuate the PIYC when
conditions threaten human safety as determined by the Police Chief or Marina
Superintendent. PIYC will secure the area and insure all persons are off the PIYC premises.
INCREASED READINESS ACTIONS FOR VARIOUS CONDITIONS
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 fire
threat, due to severe drought.
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.
r' PIYC'S ACTION: PIYC's Executive Board will review the Plan and provide updated information
for the Plan to the Marina Superintendent no later than June 1st. PIYC's Executive Board will
prepare a contingency plan for (1) having grease traps vacuumed; (2) securing/removing objects from
outside the building; and (3) otherwise securing the premises.
CONDITION NUMBER 3 (YELLOW) - 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 PIYC of any changes in Condition as advisories or declarations are received.
complete hurricane preparations as required for Condition 3.
P I YC -2- 05/18/11
PIYC'S ACTION:
cease all normal operations of the PIYC and begin securing the facility.
make arrangements for the removal of any and all equipment, including dumpsters.
make arrangements to have all grease traps vacuumed.
make arrangements for removal of all refrigerated foods from the premises.
CONDITION NUMBER 2 (ORANGE) - Situations Exist That Have Definite Characteristic of
Developing Into A Hazardous Condition - This condition wi II 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 ofa 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 fire, growing civil disturbance, etc.
One such situation when this condition will be declared is when the National Weather Service
indicates the possibility ofa hurricane landfall within twenty-four hours or 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.
PIYC'S ACTION:
complete any remaining hurricane preparations
evacuate all persons from the premises.
secure the PIYC gate.
CONDITION NUMBER 1 (RED) - Hazardous Conditions Are Imminent - This condition will
be used to signify occurrence ofa 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.
PIYC -3- 05/18/11
NYC'S ACTION:
PIYC will have completed all preparations and will have evacuated all persons from the
premises prior to this Condition.
HURRICANE PASSED: Marinastaff Will report to duty, as directed by the City's Bad. Weather.
Policy, for damage assessment and appraisal, facility clean up and repair, launching operations,
security, etc 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 lase document or a
Marina Emergency Pass),
APPROVED on the dates written.
Padre Island Yacht Club
By: C /7
Date:
City of Corpus Christi, Marina Department
By: Date: C
City of Corpus Christi, Police Department
By: Date:
City of Corpus Christi, Emergency Management Office
By: Date:
PIYC 0548/11
2011 PIER LEASE,
AMENDING, EXTENDING, RENEWING, AND SUPERSEDING,
1995 AND 2005 PIER LEASES
BETWEEN THE CITY OF CORPUS CHRISTI
AND
PADRE ISLAND YACHT CLUB
STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, the City of Corpus Christi, a Texas home -rule municipal corporation,
("City") owns certain submerged and upland real estate adjacent to the Padre Island
Wastewater Treatment Plant ("Whitecap Plant");
WHEREAS, the Padre Island Yacht Club, a Texas nonprofit corporation, ("Club")
desires to lease certain property from City and to construct certain piers;
WHEREAS, Club recognizes that the Whitecap Wastewater Treatment Plant treats
wastewater and that there are certain unavoidable odors associated with treating
wastewater; and
WHEREAS, City has no responsibility to Club for air freshness.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this lease, City, acting by its duly authorized City Manager, or designee, ("City
Manager") and Club agree as follows:
1. Premises. City leases to Club a 40 foot wide by 795 foot long portion of submerged
land adjacent to the Whitecap Plant, as described by metes and bounds on the attached
and incorporated Exhibit A. Further, City leases to Club an adjacent strip of upland 100
feet wide by 795 long, as shown on Exhibit A, for a total leased area of 2.55 acres,
collectively called "premises."
2. Term:
a. The original term of the 1995 lease was ten (10) years. The term of the 2005 lease
was also for ten (10) years, commencing on July 11, 2005. The term of this lease shall
be to extend the lease term to July 11, 2025 ( "lease termination date").
b. The Club has the option, with the approval of the City Council to renew this lease for
an additional ten (10) year term after the July 11, 2025 lease termination date ("renewal
option").
c. At least two (2) years prior to the lease termination date of July 11, 2025, the Club
shall give the City Manager written notice of whether the Club intends to exercise the
renewal option. Within sixty (60) days after the written notification, the City Council will
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PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx
EXHIBIT A
advise the Club whether they approve the renewal. The approval may not be
unreasonably withheld.
3. Rental Payments.
a. Club agrees to pay ten percent (10%) of all gross income or $2000 annually,
whichever is greater, from reoccurring monthly assessments and slip rentals, in
advance on or before the tenth (10th) of each month.
b. Club shall keep records of the monthly dues and slip rent received. Club records of
monthly dues and rent received must be open to City Manager's designated
representative during Club's business hours. These records must be retained for five
(5) years after expiration or other termination of this lease.
4. Improvements.
a. Improvements have been constructed by the Club upon the leased premises,
including but not limited to, a clubhouse and boat slips, the improvements having been
appropriately approved.
b. All the facilities, including but not limited to piers, support structures, slips, buildings,
clubhouse, parking, fencing, lighting, landscaping, and any other improvements, are
collectively called the "Improvements."
c. No future Improvement may be installed unless the improvement and related plans
and specifications have been approved in advance by City Engineer. Each
improvement must be inspected during and after construction or installation.
d. Club shall obtain all necessary permits and comply with all federal, state, and local
laws and regulations with respect to construction of and repairs to the pier and
improvements. Any application to the Corps of Engineers ("Corps"), whether made in
the name of City or Club, must shall be submitted to City Engineer for its approval
before submission to the Corps, which approval will not be unreasonably withheld, and
all related expenses must be paid for by Club.
e. The design of all future improvements must conform to City's Building Code, any and
all limitations in this lease, and must have prior written approval by the Padre Isles
Property Owners Association Architectural Review Committee. Before start of
construction on future improvements Club shall submit plans and specifications to the
City Engineer ("City Engineer") for the City Engineer's written approval or provide
written exceptions to the plans and specification, which exceptions must be considered
and the plans and specifications resubmitted until written approval is obtained from City
Engineer.
f. Once Club has obtained City Engineer's written approval of the plans and
specifications for any future improvements, Club may either construct the Improvements
with the labor and materials being supplied by Club members, or volunteers, or must bid
out construction and materials. If any construction work is to be performed by or
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materials to be supplied by other than Club members or volunteers, Club must receive
bids from a minimum of three bidders before start of construction. Not all bidders may
be members of Club. City Engineer must approve the successful bidder before start of
construction. All successful bidders must provide proof of insurance that meets City's
requirements for similarly priced construction projects. City must be named as
Additional Insured.
g. A boat pump out facility has been constructed upon the premises, the boat pump out
facility is deemed to be an improvements, and all necessary approvals and permits for
the boat pump out facility having been received. The Club shall exercise reasonable
normal care and maintenance of the boat pump out facility. Provided that the has
reasonable access at all times to the boat pump out facility.
h. Improvements, such as the lighting, that cause complaints from adjacent or nearby
property owners must be altered or removed reasonably to remedy the complaint and
provide the improvement that Club desired, at Club's expense.
5. Maintenance.
a. Club shall perform all maintenance of the premises including replacement of pilings,
piers, pier superstructures, catwalks, catwalk superstructures, litter pickup and .removal,
mowing, weeding, fence and lighting repair, parking lot repair, repair of the boat pump
out facility, and all other maintenance and Improvement maintenance that City Manager
may require, to City Manager's satisfaction, at a level no Tess than the standard of
maintenance by City. All other Improvements must be maintained at the same level of
maintenance as the Whitecap Wastewater Treatment Plant buildings and grounds.
b. Club shall repair all damages to the premises and improvements caused by its
members or guests.
6. Renovation.
a. Club shall perform normal renovations of the improvements, including replacement
of pilings, piers, pier superstructures, catwalks, and catwalk superstructures, to City
Manager's reasonable satisfaction, at a level no less than the standard of original
construction, reasonable wear and tear excepted.
b. Before undertaking any renovation, Club shall submit plans and specifications to City
Engineer, who must provide written approval of the plans and specifications or provide
written exceptions to the plans and specifications. The exceptions must be considered
and the plans and specifications must be resubmitted until written approval is obtained
from City Engineer. The City Engineer's approval may not to be unreasonably withheld.
7. Utilities. Club is responsible for extension of all utility services, including meters,
hook up, and payment of all service charges and monthly charges for utilities.
8. Control and Use. Club shall control the use and charges for the premises. However,
as part of the consideration for this lease, Club shall provide, free of charge, one slip for
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PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx
berth of a search and rescue vessel. The search and rescue vessel need not be
provided by Club, but by some governmental agency. All other slips must be used for
berthing of individual pleasure craft belonging to or in the custody of Club members or
guests. No live-aboards will be permitted on the Premises.
9. Reverter. Upon expiration of this lease, all rights and possession of the premises,
and any improvements to the premises revert to City.
10. Right to Enter. During this lease, City personnel have the right to enter the
premises at all reasonable times for the purposes of inspection, fire, police, and other
safety actions, and the enforcement of this lease, or if access is needed for operations
at the Whitecap Plant. If City needs access across the premises, Club shall permit the
access up to and including removal or relocation of club Improvements.
11. Indemnity. In consideration of allowing Lessee to use the
Premises, Lessee ("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
liability, loss, damages, claims, demands, suits, and causes of action
of any nature whatsoever asserted against or recovered from City on
account of injury or damage to person including, without limitation on
the foregoing, premises defects, workers' compensation and death
claims, or property loss or damage of any other kind whatsoever, 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) Lessee's performance under this
Lease; (2) Lessee's use of the Premises and any and all activities
associated with the Lessee's use of the Premises under this Lease;
(3) the violation by Lessee, its officers, employees, agents, or
representatives or by Indemnitees, or any of them, of any law, 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 or omission on the part of Lessee, its officers,
employees, agents, or representatives or of Indemnitees, or any of
them, pertaining to this Lease, regardless of whether the injury,
damage, loss, violation, exercise of rights, act, or omission is caused
or is claimed to be caused by the contributing or concurrent
negligence of Indemnitees, or any of them, but not if caused by the
sole negligence of Indemnitees, or any of them, unmixed with the fault
of any other person or entity, and including all expenses of litigation,
court costs, and attorneys fees, which arise, or are claimed to arise,
out of or in connection with the asserted or recovered incident.
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Lessee covenants and agrees that, if City is made a party to any
litigation against Lessee or in any litigation commenced by any party,
other than Lessee relating to this Lease, Lessee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend 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 the liability, injury, damage, loss,
demand, claim, or action.
12. Insurance.
a. Lessee shall secure and maintain at Lessee's expense, during the term of this
Lease, insurance of the type and with the amount of coverage shown on the attached
Exhibit B, which is incorporated in this Lease by reference. Lessee shall use an
insurance company or companies acceptable to the Risk Manager. Failure to maintain
the insurance during the term of this Lease, at the limits and requirements shown on
Exhibit B, constitutes grounds for termination of this Lease.
b. The Certificate of Insurance with applicable policy endorsements must be sent to the
Risk Manager prior to occupancy of and operations at the Premises. The Certificate of
Insurance and applicable endorsements must provide that the City will have thirty (30)
days advance written notice of cancellation, intent to not renew, material change, or
termination of any coverage required in this Lease.
c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to
the Risk Manager upon written request by the City Manager.
d. The Risk Manager retains the right to annually review the amount and types of
insurance maintained by Lessee, to require increased coverage limits, if necessary in
the interest of public health, safety, or welfare, and to decrease coverage, if so
warranted. In the event of any necessary increase, Lessee must receive thirty (30)
days written notice prior to the effective date of the requirement to obtain increased
coverage.
e. In the event alcoholic beverages are to be served on or in any Premises covered by
this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic
beverage liability insurance in the amount of one million dollars ($1,000,000.00)
covering the event or time period when alcoholic beverages are to be served.
f. Lessee shall, prior to any addition or alteration to, in, on, or about the Premises,
obtain prior clearance, in writing, from the Risk Manager that the proposed addition or
alteration will not necessitate a change or modification in the existing insurance
coverage maintained by Lessee. This clearance is in addition to the prior consent
required by Section 18(a) of this lease.
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13. Nonassignability. Club may not assign, mortgage, pledge, or transfer this lease, or
any interest in this lease, without the prior written consent of the City Council, except as
set out in this lease.
14. No Debts. Lessee may 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].
15. No Liens. Lessee agrees not to permit any mechanic's lien, materialman's lien,
personal property tax lien, or any other lien to become attached to the Leased
Premises, or any part or parcel of the Leased Premises, or the improvements on the
Leased Premises, by reason of any work or labor performed any mechanic, materials
furnished by any materialman, or for any other reason.
16. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy
that substantially conforms to the City's policy.
17. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring
policy that substantially conforms to the City's policy.
18. Termination. Except as otherwise provided in this lease, City may terminate this
lease on ninety (90) days notice whenever Club fails materially to comply with the
provisions and covenants in this lease, and thereafter fails or refuses materially to
comply within a reasonable time, stated in writing, after receiving written detailed notice
of the violation, recommended cure, and reasonable period to cure.
19. Enforcement Costs. In the event any legal action or proceeding is under taken by
the City to repossess the premises, collect the lease payment(s) due under this lease,
collect for any damages to the premises, or to in any other way enforce the provisions of
this lease, Club agrees to pay all court costs and expenses and the sum as a court of
competent jurisdiction may adjudge reasonable as attorneys' fees in the 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.
20. No Pollution. Club shall ensure that no pollutant, effluent, liquid or solid waste
material, litter, or trash from the premises is allowed to spill or collect in the water in the
vicinity of the premises, on the premises, or on the Whitecap Boulevard peninsula
adjacent to the club. It shall be Club's duty regularly to inspect for and remove
accumulated waste material from the premises, the Whitecap Boulevard peninsula
adjacent to the club, and the water areas adjacent to the Club's facilities, and properly
dispose of the waste material in conformance with regulatory requirements.
21. Compliance with Laws. Club shall comply with all federal, state, and local laws,
ordinances, rules, and/or regulations, as amended, including, without limitation, City's
Fire Code, City's Technical Construction Codes, FEMA Regulations, Americans with
Disabilities Act, Texas Commission on Environmental Quality rules and regulations, and
the Coast Guard rules and regulations.
Page 6 of 10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx
22. Taxes, Fees. Club shall pay all taxes that its use of the premises cause to be
assessed against the premises or Improvements. Club shall pay all sales taxes and
related taxes and fees incident to operation of the club on the premises or
improvements.
23. Sanitary Sewer.
a. Club's operation of sanitary sewer facilities, both at the clubhouse and the boat pump
out facility, if any, must be in accordance with City's Code of Ordinances, Chapters 13
and 14, including, but not limited to, Building and Housing Standards Code, Technical
Construction Codes, and Flood Hazard Prevention Code, and Chapter 55, Article XI,
Commercial and Industrial Waste Disposal and Pretreatment, and "Greasetrap
Ordinance," as same may be amended.
b. It is intended that Club's presence at the premises may not in any manner affect
City's required wastewater sampling at the adjacent Whitecap Wastewater Treatment
Plant. Club may not dump, nor allow anyone visiting the Premises to dump any effluent
or wastewater of any type into the water. All effluent or wastewater must be properly
disposed of through Club's wastewater hookup or boat pump out facility.
24. Fencing. Club, at its expense, shall fence the premises from the street right-of-way
and the treatment plant property so that no one can access the premises from the street
or right-of-way property. The gate to the premises must be kept locked at all times club
is not open.
25. Hours of Operation. Club may operate the premises from 6:00 a.m. to 12 midnight,
365 days a year. If nearby property owners complain about noise or nuisance and the
complaints go unresolved, Wastewater Director has the authority to shorten the hours of
operation.
26. Landscaping/screening. Landscaping for buffer must be required on the premises.
A plan may be presented to Wastewater Director for approval, or Wastewater Director
may present a landscaping plan to Club and approve a timetable for implementation.
27. Erosion. If, in the opinion of City Engineer or Wastewater Director, excessive
erosion occurs along the shoreline of the premises as the result of Club's usage of the
premises, Club shall repair and correct the erosion and do any other repairs needed to
prevent the erosion from recurring.
28. Notices and Addresses.
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, or (4) by deposit with an overnight express delivery service at:
Page 7 of 10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx
If to City:
City of Corpus Christi
Attention: Director of Wastewater Operations
P.O. Box 9277
Corpus Christi, Texas 78469-9277
If to Club:
Padre Island Yacht Club
Attention: Commodore
14300 S.P.I.D.
Corpus Christi, Texas 78418
b. Notice deposited with the United States Postal Service in the manner described
above shall be deemed effective one (1) business day after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service shall be
deemed effective one (1) business day after transmission to the telegraph company or
overnight express carrier.
29. Modifications. No changes or modifications to this lease may be made, nor any
provision waived, unless in writing signed by a person authorized to sign agreements on
behalf of each party.
30. Hurricane Preparedness. In the event the area is threatened by a hurricane or
some other emergency situation, Club shall comply with all reasonable orders of the
Marina Superintendent or authorized representative under the Hurricane Preparedness
Plan for the improvements, a copy of which is attached and incorporated as Exhibit C.
A current copy of the Hurricane Preparedness Plan must be kept on file with the City
Secretary's copy of this lease. Any time this plan is revised, the newest revision
becomes the attached and incorporated Exhibit C.
31. Non-discrimination. Club, and all its members and guests, are responsible for the
fair and just treatment of their respective employees, members, prospective members,
and guests. Club warrants that it is, and will continue to be, an equal opportunity
employer and covenants that no employee, member, prospective member, or guest will
be discriminated against because of race, creed, color, disability or national origin. This
non discrimination clause must be posted on the Premises and must set out the
Wastewater Director's address and phone number. Violation of this provision by Club
or any member or guest is cause for immediate termination of this lease by City.
32. Interpretation. This lease must be interpreted under the Texas laws that govern the
interpretation of contracts. Venue lies in Nueces County, Texas, where this lease was
entered into and will be performed.
33. Headings for Convenience. 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.
Page 8of10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx
1
34. Entirety Clause. This lease and the exhibits incorporated and attached to this lease
constitute the entire agreement between City and Club for the use granted. All other
agreements, promises, and representations with respect to the use of the premises,
unless contained in this lease, are expressly revoked, as it is the intention of the parties
to provide for a complete understanding within the provisions of this document, and the
exhibits incorporated and attached to this lease. The unenforceability, invalidity, or
illegality of any provision of this lease may not render the other provisions
unenforceable, invalid, or illegal.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Ronald L. Olson
City Secretary City Manager
APPROVED: , 2011
R. Jay Reining
First Assistant City Attorney
For City Attorney
Page 9 of 10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx
Y 1
PADRE ISLAND YACHT CLUB
B
John A. White, Sr.
Director
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of
2011, by Ronald L. Olson, City Manager of Corpus Christi, Texas, a Texas home -rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the day of
2011, by John A. White, Sr., Director, of Padre Island Yacht Club, a Texas nonprofit
corporation, on behalf of the corporation.
Notary Public, State of Texas
Page 10 of 10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 59733'62
PO #
Before me, the undersigned, a Notary Public, this day personally came
GEORGIA LAWSON, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, 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, Kleberg, Live Oak, Nueces, Refugio, and
San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF
OR DINANCE ON FIRST which the annexed is a true copy, was inserted in the
'Corpus Christi Caller -Times on the 712512011, 71251.2011.
$ 120.03
1Time(s)
On thisi i ij day o
LEGAL SALES REPRESENTIVE
, 2 (1 I I certify that the attached document
is a true and an exact cophnade by publisher.
Notary Public, S
MICHELLE JOYCE CAMERA
MY COMMissJON EXPIRES
March 19, 2012
Texas
NOTIOEO.F
PASAGE OF ORF
DIVASCE OIC FIRST
REARING
Authorizing the Glty
Manager or designee
to execute a`four,:
teen year 4,1:1-00.$ 0
With j afire Island .
Yacht Club (With op-
tion to renewal for an'
add€bona( 10 years at
Council s dlscr�etionl
for the use,df 2 55.
acres of properly ad
jaoent to`: the.
Wh€teeap Wastewa-`
ter Treatment`-;Plant.
i,essee will pay the.
i+lty
10% of ross.in-
came;'6)4 00_
annually whichever..
is neater fror>h reoc
crugrring monthly
assessment and slip
rentals This` or..d was
passed & approved
by the City :C'ouricil
on"-firet reading ons:
July9 2011::
Armando'Chapa
Clty•Secretary
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5975978
PO #
Before me, the undersigned, a Notary Public, this day personally came
GEORGIA LAWSON, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, 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, Kleberg, Live Oak, Nueces, Refugio, and
San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF
ORDI NANCE NO. 0291 which the annexed is a true copy, was inserted in the
Corpus Christi Caller --Times on the 8128/2011, 8/28/2011.
96.75
ITime(s)
On this �C •• day of
LEGAL SALES REPRESENTIVE
is a true and an exact copy
MICHELLE JOYCE CABRERA
MY COMM4SS10N EXPIRES
March 10, 2012
I certify that the attached document
ade b publisher.
Notary Public,
e of Texas
:CAILLER-TIMES-:cc August2O31
NOTICE c F
PASSAGE 4F O#tDI :
NAN0E No 029170
;Authorizing the City;
Manager.; or designee:
to execute a 14 `year'
lease agreement;
(with an :optlon to re
newel: fob ';an
additional 10 yaara at
City Council's discre-
tion)with the Padre
Istand.::Yacht Cldli
that supersedes -the
current;10 year cease:
that expires on Ju
1 20.15 Thls.'or_.:
was passed &
proved -_ity the City.
Council. on its•second:
reedin =on August:
•
2$, 2011.
/s( Armando Chaps!
City Secretary