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Home My WebLink AboutAgenda Packet City Council - 10/28/2008CITY COUNCIL AGENDA OCTOBER 28, 2008 /.bus G~~ 1852 8:30 A.M. - Proclamation declaring Saturday, November 1, 2008 as "Veterans' Summit Day' AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 OCTOBER 28, 2008 8:30 A.M. PUBLIC NOTICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED /N THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity fo address the Council at the end of the Consent Agenda. Please speak into the microphone located at the podium and state your name and address. Your presentation wlll be limited to three minutes. If you have a petition or other information pertaining to yoursubject, please present it to the City Secretary. Si Usted desea dlrigirse al Concilio y tree que su ing/rss es limitado, habr3 un interprefe ingles-espano/ en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend Henry Williams, Corpus Christi Christian Fellowship Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper Lany Elizondo, Sr. Mike Rummell Bill Kelly John Marez Nelda Martinez Michael McCutchon E. MINUTES: Interim City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa 1.. Approval of Regular Meeting of October 14, 2008. (Attachment # 1) Agenda Regular Council Meeting October 28, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS Sr COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, orordinances. if deemed appropriate, the City Council will use a different method ofadoption from the one listed; may finally pass an ordinance by adopting ft as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein forreconsiderationaod action on any reconsidered item. H. CITY MANAGER'S REPORT: (NONE) CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2. Motion approving the purchase often (10) 2009 Ford Fusion 4- Door Sedans from Philpott Motors Ltd., of Nederland, Texas in the amount of $153,230. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Police Department, Uniform Division. Funding is available from the FY 2008-2009 Capital Outlay Budget in the Fleet Maintenance Fund. (Attachment # 2) Agenda Regular Council Meeting October 28, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3.a. Ordinance authorizing the City Manager or his designee to execute afive-year marina. space rental contract with Yachting Center of Corpus Christi, LLC for the use of fifteen (15) boat slips on Peoples Street T-Head, Number 70 eastward terminating at the west bulkhead, for operation of sailing school and related activities, and including construction of utility and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual rate changes. (Attachment # 3) 3.b. First Reading Ordinance -Authorizing the City Manager or his designee to execute afourteen-year-six-month marina space rental contract with Yachting Center of Corpus Christi, LLC for the use of fifteen (15) boat slips on Peoples Street T-Head, Number 70 eastward terminating at the west bulkhead, for operation of yachting center, sailing school, charter boats and related activities, including construction of utility and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual slip rate changes; providing for publication. (Attachment # 3) 4. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Senior Companion Program Advisory Committee; and providing for publication. (First Reading 10/21/08) (Attachment # 4) 5. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Retired and Senior Volunteer Program Advisory Committee; and providing for publication. (First Reading 10/21/08) (Attachment # 5) J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA: (NONE) - L. PRESENTATIONS: (NONE) M. _PUBLIC COMMENT FROM THI :S. IF YOU PLAN TO Agenda Regular Council Meeting October 28, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other lnfonnation pertaining to your subject, please present k to the City Secretary.) 1. MAKE A STATEMENT OF FACTUAL INFORMATION, 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY, OR 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFFPERSON, OR MEMBERS OFTHEAUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Govemment Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects fo go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 6. Executive session pursuant to Texas Government Code, Section 551.074 to deliberate the appointment, employment and duties of the City Manager with possible discussion and action related thereto in open session. Agenda Regular Council Meeting October 28, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hail, 1201 Leopard Street, at ~~OG p.m., on October 22, 2008. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Wednesday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Thursday morning. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD STREET OCTOBER 28, 2008 8:30 A.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: K. REGULAR AGENDA 7.a. Motion to remove from the table Item # 29 of the October 21, 2008 City Council Meeting regarding the negotiation of an Electric Supply Agreement with South Texas Aggregation Project, Inc. (STAP). 7.b. Resolution of the City of Corpus Christi, Texas, authorizing the South Texas Aggregation Project, Inc. (STAP) to negotiate and execute an Electric Supply Agreement for deliveries of electricity and necessary, related services effective January 1, 2009; approving STAP contracting with FPL Energy Power Marketing, Inc. and Direct Energy, L.P. and authorizing the City Manager to sign a contract with STAP for the City's electricity needs for the period beginning January 1, 2009 and extending up to December 31, 2013. POSTING STATEMENT: This supplement agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 0 p.m., October 24, 2008. Armando Chapa City Secretary City Council Goals 2007-2009 Develop Street Plan .s+~uw, Texas A&M University-Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan "' Master Plan Updates Improve Code Enforcement I ; ~~) Downtown Plan --- Charter Review 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 14, 2008 -10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Michael McCutchon John Marez Nelda Martinez Ci Staff: Interim City Manager Angel R. Escobar Assistant City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Mark Montgomery with Grace United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meetings of September 23, 2008 and September 30, 2008. A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointments were made Commission on Children and Youth Ethics Commission Chandace Tryon (Appointed) Dr. Nicholas Adame (Reappointed) James Richard Cramer (Reappointed) Leadership Committee for Senior Services Rebecca Esparza (Appointed) Ruth C. Perez (Appointed) Theresa M. Swirenko (Appointed) Regional Health Awareness Board Patricia E. Mattocks (Appointed) Transportation Advisory Committee Joe Ortiz (Appointed) Weed and Seed Steering Committee Wayne C. Meyr (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 -14). Mr. Abel Alonzo requested that Item 9 be pulled for individual consideration. Council members requested that Items 3, 5, 7, 8, and 13 be pulled for individual consideration. Council Member Leal announced that she would abstain from the discussion and vote on Item 10. City Secretary Chapa polled the Council for their votes as follows: -1- Minutes -Regular Council Meeting October 14, 2008 -Page 2 4. MOTION NO. 2008-259 Motion approving a supply agreementwith Vulcan Construction Materials, LP, San Antonio, Texas, for approximately 3,250 tons of cold mix-cold laid asphalt and approximately 7,150 tons of pre-coated aggregate, in accordance with Bid Invitation No. BI-0174-08 based on only bid for an estimated semi-annual expenditure of $454,851. The term of the contractwill be for six months with an option to extend for up to five additional six month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Street and the Utility Departments in FY 2008-2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 6. MOTION NO. 2008-261 Motion approving the purchase of one (1) vactor truck from Grande Truck Center, San Antonio Texas in the amount of $279,515. The award is based on the cooperative purchasing agreementwith the Texas Local Government Purchasing Cooperative (TLGPC). The vactor truck will be used by the Wastewater Department. This unit is a replacement to the fleet. Funding is available from the FY 2008-2009 Capital Outlay Budget in the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 10. RESOLUTION NO. 027887 Resolution authorizing the City Manager, or his designee, to execute the third amendment to the contract between the Corpus Christi Business and Job Development Corporation and Nueces County CommunityAction Agency (NCCAA) fora Pilot Infill Housing project to utilize remaining land acquisition funds for development costs and green building/energy efficient construction techniques for the remaining eight homes to be constructed. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal abstained. 11. ORDINANCE NO. 027888 Ordinance authorizing the City Manager or his designee to execute aone-year extension agreement of the Airline Use and Lease Agreements with American Eagle Airlines, Inc., Continental Airlines, and Southwest Airlines Co., for use of space at Corpus Christi International Airport and ratifying such extension agreements to be effective August 1, 2008. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 12. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53, Traffic, Schedule V, Section 53-254, (Increase of State Speed Limit in Certain Zones) by establishing a revised speed limit of 70 MPH on U.S. Highway 77 (increasing the speed limit from 55 MPH to 70 MPH) from -2- Minutes -Regular Council Meeting October 14, 2008 -Page 3 Interstate Highway 37 to the City limits south; providing for penalties; providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 14. ORDINANCE NO. 027889 Authorizing the City Manager, or his designee, to execute atwenty-year lease agreement with Miracle League of Corpus Christi, Inc. for the use of approximately 1.25 acres on the State School Park site, in consideration of Miracle Field construction, use, and maintenance; and providing for publication. (First Reading - 9/09/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 3 regarding drug testing services for City employees. Mayor Garrett asked questions regarding instances when an alcohol breath test is required and the process for sending an employee fortesting. Directorof Human Resources Cynthia Garcia stated that alcohol breath tests are administered randomly and for reasonable suspicion. Ms. Garcia added that employees suspected of being under the influence during regular business hours are taken to the facility by the City during and after-hours, a representative will meet the employee at the facility. In response to Council Member Marez, Ms. Garcia said that Concentra was made aware of the provision to have two locations but Concentra informed the City that they could not maintain two facilities. Council Member Hummell asked if breath or blood test were administered for alcohol. Ms. Garcia answered that breath tests are required for all employees except police. Mr. Hummell asked for information on the type of method used for breath testing; whether the tests are certified; and who administered the testing. Ms. Garcia stated that an intoxilyzer is used to conduct the testing which is certified and calibrated. Ms. Garcia said the testis administrated by a certified employee and meets the requirements of the Texas Department of Transportation. In response to Council Member Elizondo, Ms. Garcia said the average time for testing takes between 30 minutes to an hour. City Secretary Chapa polled the Council fortheirvotes as follows: 3. MOTION NO. 2008-258 Motion approving a service agreement with The Doctors' Center of Corpus Christi, TX for drug testing services, in accordance with Request for Proposal No. BI-0071-08, for an estimated three-yearexpenditure of$326,310 ofwhich $81,577.50 is required and budgeted for the remainder of FY 2008-2009. The term of the service agreement will be for three years with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. This service will be used by all City departments. Funds are budgeted in the Liability & Employee Benefits Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 5 regarding the lease purchase of two (2) rear steer brush loaders for the Solid Waste Department. Mayor Garrett asked questions regarding whether the trucks were additions or replacements to the fleet; the number of brush loaders the Solid Waste department has; and the number of brush loaders needed. Assistant Directorof Solid -3- Minutes -Regular Council Meeting October 14, 2008 -Page 4 Waste Services Lawrence Mikolajcryk reported that the two brush loaders were replacing the two oldest brush loaders. Mr. Mikolajczyk added that the department has eight (8) loaders and requires at least 5 loaders a day to keep up with the routes. Council Member McCutchon requested a report on the age and expected lifespan of the fleet. City Secretary Chapa polled the Council fortheirvotes as follows: 5. MOTION NO. 2008-260 Motion approving the lease purchase of two (2) Rear Steer Brush Loaders from Santex Truck Center, San Antonio, Texas in the amount of $265,216. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). These units are replacements to the fleet and will be used by the Solid Waste Department. Financing forthe rearsteerbrush loaderswill be provided through the City's lease purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Items 7 and 8 regarding supply agreements forvehicle and equipment tires and a service agreement for uniformed guard security services at various city facilities. Council Member Leal thanked the businesses referenced in Items 7 and 8 for allowing the Council the opportunity to consider local businesses. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2008-262 Motion approving supply agreements with the following companies for the following amounts, forvehicle and equipment tires in accordance with Bid Invitation No. BI-0204-08, for an estimated annual expenditure of $471,676.44. Awards are based on low bid and only bid, on a multiple progressive basis. The term of the contracts will be fortwelve months with an option to extend for up to two additionaltwelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Maintenance Services and Aviation Departments in FY 2008-2009. Wingfoot Commercial Tire Systems, LLC Strouhal Tire Corpus Christi, TX Corpus Christi, TX Items: 1.2, 1.3, 1.5, 1.6, 1.8-1.12, 1.15-1.17,1.19, Items: 1.13, 2.5, 2.13 2.2-2.4, 2.6-2.8, 2.10-2.12, 2.14, 3.3, 4.2, 4.3 Total: $72,828.00 Total: $398,848.44 Grand Total $471,676.44 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 8. MOTION NO. 2008-263 Motion approving a service agreementwith U.S. Security Associates, Corpus Christi, Texas, for Uniformed Guard Security Services for City Hall, Frost Bank Building, Central Library, Greenwood Library, Janet F. Harte Library and the O.N. Stevens Water Treatment Plant in accordance with Bid Invitation No. BI-0122-08 based on low bid meeting specifications for an estimated annual expenditure of $369,037.50, of which $290,962.50 is budgeted in FY -4- Minutes -Regular Council Meeting October 14, 2008 -Page 5 2008-2009. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager, or his designee. Funds have been budgeted by the using departments in FY 2008- 2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion. on Item 9 regarding Continuum of Care Homeless Assistance. Abel Alonzo, 1701 Thames, thanked the Fire Department for their services and Community Development Administrator Daniel Gallegos for his work with the homeless issue. Mr. Alonzo spoke in support of the homeless and stated that he hoped that the funding would be spent in the most effective, sufficient manner. Council Member Marez asked whether the City made appointment to the Homeless Issue Partnership. Mr. Gallegos stated that the City does not appoint to the committee. City Secretary Chapa polled the Council for their votes as follows: 9. RESOLUTION NO. 027886 Resolution authorizing the City Manager or his designee to submit a "HOME 2009" grant application to the U.S. Department of Housing and Urban Development in the amount of $1,228,303 for Continuum of Care Homeless Assistance and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 13 regarding traffic patterns on Riverwood Road. Council Member Kelly asked whether the action on Item 13.b. changed the intersection of Riverwood Road to a three way stop. Interim City Manager Escobar said the intersection currently has one stop sign and the proposed action would include two additional stop signs. Mr. Kelly expressed concern regarding additional traffic and asked that staff monitor that situation. In response to Mr. Kelly, Mr. Escobar said that drivers will receive warning that a stop sign is being erected. Council Member Kelly also asked staff to considerthe construction on Riverwood resulting from the new sewer line as the City is implementing thetwo-way traffic pattern on Riverwood Road. City Secretary Chapa polled the Council for their votes as follows: 13.a. FIRST READING ORDINANCE Amending the Code of Ordinance, Chapter 53-Traffic, Section 53-250- Schedule I, One-Way Streets and Alleys, Section (a), by removing current one-way traffic pattern on Riverwood Road to two way traffic in the northbound and southbound direction of travel from F.M. 624 (Northwest Boulevard) to River Hill Drive, at all times; providing for penalties; providing for severance; and providing for publications. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 13.b. MOTION NO. 2008-264 Motion authorizing the City Manager or his designee to erect a "STOP" sign on River Hill Drive at the intersection of Riverwood Road in the northbound and southbound direction. -5- Minutes -Regular Council Meeting October 14, 2008 -Page 6 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Cooper was absent. Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0908-01. Titan Suoaort Svstems Inc : A change in zoning from a "B-3" Business District to an "I-2" Light Industrial District resulting in a change of land use from commercial to light industrial consisting of light manufacturing on property described as Flour Bluff Park, Block 16, Lots 20 through 25 and 45 through 47, located at 9830 South Padre Island Drive, between McIver Street and Greenbay Drive. City Secretary Chapa stated that the Planning Commission recommended denial ofthe "I-2" Light Industrial District and, in lieu thereof, approval ofa Special Permit for"light manufacturing use for cutting and sewing of fabrics and elastics" without outdoor storage on the subject property and subject to four (4) conditions. City Secretary Chapa stated that the staff recommended denial of the "I-2" Light Industrial District and, in lieu thereof, approval of a Special Permit for"light manufacturing use for cutting and sewing of fabrics and elastics" without outdoor storage on the subject property and subject to six (6) conditions. Pete Alaniz, President of Titan Support System, provided a background of the athletic company and said the company is light manufacturing. Mr. Alaniz said the. business would not generate toxic pollution, waste, or noise pollution. Mr. Alaniz added that his company is growing and generates 83% percent of its revenue outside the United States. Mr. Alaniz stated that the company would be beneficial to the community. Mayor Garrett asked whether Mr. Alaniz supported staffs recommendation. Mr. Alaniz said he supported the planning commission's recommendation because the staff recommended restricted hours of operation. The following topics pertaining to this item were discussed: whether the applicant had problems with the landscaping buffers recommended by staff; whether Padre Island Supply was closing; the action the City could take if the hours of operation and noise became a problem; whether the company could work past 6:00 p.m. for special circumstances if the Council voted to approve the special permit for hours of operation; and times for truck deliveries. Dr. McCutchon made a motion to substitute the ordinance recommended by staff and to amend the ordinance by changing the hours of operation to 7:30 a.m. to 10:00 p.m. The motion was seconded by Mr. Kelly. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Abel Alonzo, 1701 Thames, thanked the Council for working with company. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 027890 Amending the Zoning Ordinance, upon application by Titan Support Systems, Inc., by changing the Zoning Map in reference to Flour Bluff Park, Block 16, Lots 20 through 25 and 45 through 47, from "B-3" Business District to "B-3/SP" Business District with a Special Permit to allow light manufacturing use for cutting and sewing of fabrics and elastics without -6- Minutes -Regular Council Meeting October 14, 2008 -Page 7 outdoor storage, subject to six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett announced that Item 16 was postponed at the request of the applicant. 16. ~~~ Mayor Garrett opened discussion on Item 17 regarding support for the establishment of a BachelorofScience in Mechanical Engineering degree program at TexasA& MUniversity-Corpus Christi (TAMU-CC). Directorof Intergovernmental Relations Rudy Garza stated thatapproval ofthis item would show local support for the creation of a mechanical engineering degree program for TAMU-CC. Mr. Garza explained that TAMU-CC has been pursing this issue for several years and failed in their efforts during last year's legislation. Mr. Garza explained that the TexasA & M University System has given approval to the local university to pursue this issue and the Texas Higher Education Coordinating Board's Subcommittee has given approval to TAMU-CC to offerthe mechanical engineering degree. Mr. Garza added that the issue will be presented to the full board of the Texas Higher Education Coordinating Board on October 23ro. Council Member McCutchon said that he was told by some members of the Texas Higher Education Board and legislatures that one of the key reasons that funding didn't come through for the engineering program at TAMU-CC was due to the City's inability to transfer the golf course property to TAMU-CC. Dr. McCutchon stated that the gifting of land next to the sewer plant and the ball fields along Ennis Joslin has allowed for the funding of an engineering program at TAMU-CC and that the local efforts of the City enabled this funding. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. RESOLUTION NO. 027891 Resolution expressing the City of Corpus Christi's support for the establishment of a Bachelorof Science in Mechanical Engineering Degree Program atTexasA & M University- Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 18 regarding the 2008 Tax Levy. Interim Director of Financial Services Constance P. Sanchez provided a brief overview of the tax levy for 2008 and the components; the recording of the tax levy revenue to the General Fund, Debt Service Fund and the North Padre Island Special Revenue fund; the collection rate of 96.8%; the TIF budget values; -7- Minutes -Regular Council Meeting October 14, 2008 -Page 8 the estimation of the over-65 tax freeze; and the $800,000 of additional revenue Council Member Leal asked questions regarding the three funds the revenues are recorded and the amount of the over-65/disabled homestead freeze from 2007. Ms. Sanchez stated that the revenues are recorded in the General Fund, the Debt Service Fund, and the Packery Channel Special Revenue Fund and that the over-65/disabled homestead freeze from 2007 was $1,210,235. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2008-265 Motion approving the 2008 Tax Levy of $77,239,474.26 based on the adopted tax rate of $0.563846 per $100 valuation, in accordance with Section 26.09(e) of the Texas Property Tax Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 19 regarding an appropriation of $800,000 from estimated ad valorem tax revenues. Interim Director of Financial Services Constance P. Sanchez explained that the certified tax levy was slightly higher than what was included in the FY2008-2009 budget thus producing the amount necessary to give a 2.5% pay raise adjustment for civilian employees effective November 24, 2008. Ms. Sanchez added that this appropriation of $800,000 is in reference to the general fund only and funding for employees in the other funds will be achieved through salary savings or vacancies in their current operating budget. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 027892 Ordinance appropriating $800,000 from estimated ad valorem tax revenues in Fund No. 1020 General Fund for pay range adjustments for pay plans 100, 400, 500(6), 600, 900 and 1000 in the Fiscal Year 2008-2009; changing the FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 by increasing revenues and appropriations by $800,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 20 regarding the issuance of Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008. Interim Directorof Financial Services Constance P. Sanchez explained that this item has been placed on four (4) prior agenda but due to various reasons the item was pulled each week. Ms. Sanchez stated that the ordinance is structured as a parameter sale whereas the City Council will give the City Manager the authority to issue the bonds within certain criteria and parameters which will allow the City to price the bonds on any given day due to the market. Ms. Sanchez listed the parameters outlined in the ordinance as follows: the maximum interested rate that the City can sell the bonds for is 8%; the certificates must be rated by one of the four (4) highest categories; and limit the underwriters' discount. Ms. Sanchez added that the authority is scheduled to expire in January 2009. Ms. Sanchez introduced Mark Seal with M.E. Allison and Company and Jeff Lueschal with McCall, Parkhurst & Horton, L.L. P. who were available to respond to questions. -8- Minutes -Regular Council Meeting October 14, 2008 -Page 9 Abel Alonzo, 1701 Thames, stated that issuing certificates of obligations saves taxpayers money The following topics pertaining to this item were discussed: the recent bond rating; how the federal rate will affect municipal bonds; the interest rate in August for Texas municipal loans; whether the expiration date for the authority will allow the City to find better pricing on the municipal bonds; the reason for authorizing up to 8%; the maximum amount to advise the City Managerto sign the bonds; changing the maximum amount to 6%; selection of the financial advisor and bond counsel; the cost of the bond counsel fees for the issuance and re-issuance of the Packery Channel bonds; changing the structure for payment of bond counsel fees; the security of the City investments; a policy for the bond process; and whether the City does financial business with the City Employees Credit Union. Dr. McCutchon made a motion to lower the interest rate from 8% to 6%. The motion was seconded by Mr. Kelly. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Dr. McCutchon requested that staff provide other alternatives for hiring bond counsel priorto issuing other bonds. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 027893 Ordinance by the City Council of the City of Corpus Christi, Texas, providing forthe issuance of City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008, in an aggregate principal amount not to exceed $12,000,000; establishing parameters regarding the sale of the Certificates of Obligation; approving the execution of a Purchase Contract; and all other matters related thereto; and providing that this ordinance shall be in force and effect from and after the date of its passage. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 21 regarding the City's Commercial Paper Program. Interim Director of Financial Services Constance P. Sanchez explained that this item is the appropriation of unappropriated interest earnings from the three commercial paper funds forwater, wastewater, and storm water. Ms. Sanchez stated that the interest earnings have accumulated and must be appropriated to fund the current Commercial Paper Program and to pay for existing projects. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 027894 Ordinance appropriating $2,054,268.50 of unappropriated interest earnings from the following funds: $605,285.39 from No. 4525 Storm Water Commercial Paper Program Capital Improvement Program (CIP) Fund; $971,369.42 from No. 4475 Water Commercial Paper Program CIP Fund; and $477,613.69 from No. 4500 Waste Water Commercial Paper -9- Minutes -Regular Council Meeting October 14, 2008 -Page 10 Program CIP Fund; transferring and appropriating $605,285.39 into the No. 3480 Storm Water CIP Fund; transferring and appropriating $971,369.42 into the No. 4080 Water CIP Fund; and transferring and appropriating $477,613.69 into the No. 3430 Waste Water CIP Fund; for projects relating to improvements to the City's Utility System as allowed by the utility system revenue bond covenants; changing the FY 2007-2008 Capital Budget adopted by Ordinance No. 027546 by increasing appropriations by $2,054,268.50. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Marez, voting "Aye"; Martinez was absent. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Tom Smith, Public Citizen Environmental Consumer Group, expressed concern regarding emissions from the proposed Las Brisas Plant. Andres Araiza, Juan Araiza IV, Juan Araiza III, 5921 Shadow Wood; and Isabel Araiza, 326 Poenisch, addressed the Council regarding the safety issueswhen crossing South PortAvenue that lead to the loss of their grandfather Francisco "Panchito" Fregoso. The family members said their grandfather raised this issue at neighborhood meetings. They urged the council to take action by adding a crosswalk or speed bumps and to take responsibility for the community. Roland Garza expressed his condolences to the Fregoso family and spoke regarding the financial and infrastructure comparisons between the westside and southside areas of the City. Foster Edwards, PresidenUCEO of the Corpus Christi Chamber of Commerce, said the Chamber is excited about its new beginning and is looking forward to working with the City to move the City forward in a positive manner. Mr. Edwards added that the Chamber has formed a political action committee to help get the bonds passed. Mr. Edwards also spoke regarding the development of the Small Business Council. Dr. Gloria Scott, 4422 S. Alameda, thanked the Council for supporting the Corpus Christi Black Chamber of Commerce and requested an update on the inclusion of African American history as part of the C.C. Museum of Science and History project. Council Member Kelly asked staff to follow up with Dr. Scott on this issue. Council Member Leal requested an update on the Columbus ships. Bill Kopecky, 3609 Topeka, spoke regarding the new Attorney General opinion on City Manager and Council Member reports and the level of discussion during public comment. Mr. Kopecky suggest placing an item on the agenda regarding the Attomey General's opinion. Kerry Eyring, Corpus Christi Firefighters Association, said that the Association met with the City on September 4`h and presented a lower and fair contract proposal. Mr. Eyring added that the Association has not heard from the City's negotiator for six weeks and asked the Council to consider their last proposal. Carlos Torres, President of the Corpus Christi Firefighters Association, spoke regarding the length of time it is taking to resolve the firefighters' contracts. Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: - 22. Executive session under Texas Government Code Section 551.071 to consult with its attorney about legal issues relating to the proposed long-term power supply contract with Cities Aggregation Power Project, Inc., with possible discussion and action related thereto in open session. -10- Minutes -Regular Council Meeting October 14, 2008 -Page 11 23. Executive Session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 24. Executive session under Texas Government Code Section 551.071 to conduct a private consultation with its attorney regarding Nueces County Water Control and Improvement District No. 4 v. The City of Corpus Christi, before the Texas Commission on Environmental Quality, Original Petition Appealing a Wholesale Water Rate and Requestfor Interim Rates, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 24. MOTION NO. 2008-266 Motion authorizing the City Manager or designee to execute a professional legal services agreement with the Law Office of Mark H. Zeppa, P.C., to represent the City of Corpus Christi in Nueces County Water Control and Improvement District No. 4 v. The City of Corpus Christi, before the Texas Commission on Environmental Quality, Original Petition Appealing a Wholesale Water Rate and Request for Interim Rates, at an hourly rate of $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo; Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:42 p.m. on October 14, 2008. -11- 2 Requested Council Date: ]0/28/08 Alternate Date: 11/11/O8 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of ten (10) 2009 Ford Fusion 4 Door Sedans from Philpott Motors Ltd., Nederland, Texas in the amount of $153,230. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Police Department, Uniform Division. Funding is available from the FYO&-09 Capital Outlay Budget in the Fleet Maintenance Fund. ~*s^r*ss~rss~:s~s~***s*s*~r-****a**~**+*~a*~*******x********************~•~r*** BACKGROUND: Purpose: The vehicles will be used by the Police Department, Uniform Division, for police work. All units are replacements. Basis of Award: The vehicles will be purchased through the cooperative purchasing agreements with the TLGPC. TLGPC acts as a purchasing agent for participating members through the Inter- local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Price Comparison: Pricing has remained stable throughout 2008. The City purchased a similar vehicle in February 2008 at near the price of this purchase. Funding: Fleet Maintenance Funds 550020-5110-40120 Capital Outlay Item No. 5 Total: $153,230. -15- Assistant Director of Financial Services CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA PEDRAZA DATE: 10/28/06 PRICE SHEET BI-0036-09 MOTORS, INC. JD. TEXAS EM DESCRIPTION QTY. UNIT 1, 2009 Ford Fusion 4 Door 10 Each Sedan Total: price Price 15,323.00 $153,230. $153,230.00 -16- 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 28, 2008 AGENDA ITEM: A. Ordinance authorizing the City Manager, or his designee, to execute a five-year marina space rental contract with Yachting Center of Corpus Christi, LLC for the use of 15 boat slips on Peoples Street T-Head, number 70 eastward terminating at the west bulkhead, for operation of sailing school and related activities, and including construction of utility, and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual rate changes; providing for severance; and declaring an emergency. B. Ordinance authorizing the City Manager, or his designee, to execute a fourteen year six month marina space rental contract with Yachting Center of Corpus Christi, LLC forthe use of 15 boat slips on Peoples Street T-Head, number 70 eastward terminating at the west bulkhead, for operation of yachting center, sailing school, charter boats and related activities, including construction of utility and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual slip rate changes; providing for severance; and providing for publication. ISSUE: The Sailing Center (now Yachting Center of Corpus Christi) has been a marina tenant since 1983. The Yachting Center would like to lease 15 boat slips on the Peoples Street T- Head enhancing their services and to move operations to this location slip #'s: 70 eastward terminating at the west bulkhead along the north side of the stem. Plans are to build a floating barge with offices and class rooms to teach Coast Guard approved Captains courses including power and sailing lessons. The Yachting Center would keep their school and charter boats in ten adjacent boat slips. Out of the 30 existing boat slips plans are to construct an additional 5 boat slips at the old disused Jet Ski ramp area for the Yachting Center floating barge location thus creating a new total of 35 boat slips along the Peoples Street Boardwalk. At present 18 of the 30 existing boat slips are empty. The Yachting Center would lease 10 (56%) of the 18 empty boat slips leaving 8 available. Two commercial fishing boats are temporary located in other boat slips due to broken pilings rendering 8 boat slips of the 30 usable. This new lease would enhance the Marina Enterprise Fund by creating an estimated $52,500 in annual revenue. The Yachting Center would repair and install marina city infrastructure at this location to city code, including pilings, dock walkway, electrical upgrade, water supply and a sanitary sewage system at their cost of approximately $300,000.00 including necessary repairs to various commercial fishing boat slips, thus making all non usable boat slips usable. REQUIRED COUNCIL ACTION: City Council is required to authorize all leases over five years. -19- PREVIOUS COUNCIL ACTION: October 31, 2006, City Council approved a lease with the Yachting Center of Corpus Christi, LLC. Due to circumstances beyond the Yachting Center's control the project had to be re-engineered thus resulting in a two year delay. CONCLUSION AND RECOMMENDATION: It is City Staffs recommendation that the City Council approve the lease. Parks ar~d Recreation Department Attachment: Background Information -20- BACKGROUNDINFORMATtON The Sailing Center (now Yachting Center of Corpus Christi) teaches boating skills, safety, including Coast Guard approved captain's license courses and aspects of seamanship for types of vessels. The infrastructure improvements paid for by the Yachting Center at the approximate cost of $300,000.00 will be an asset to the Marina Enterprise Fund which is unable to do these needed improvements including the replacement of various rotted pilings along the north side of the Peoples Street Boardwalk at this time. Out of the 30 existing boat slips plans are to construct an additional 5 boat slips at the old disused Jet Ski ramp area for the Yachting Center floating barge location thus creating a new total of 35 boat slips along the Peoples Street Boardwalk. At present 18 of the 30 existing boat slips are empty. The Yachting Center would lease 10 (56%) of the 18 empty boat slips leaving 8 available. Two commercial fishing boats are temporary located in other boat slips due to broken pilings rendering 8 boat slips of the 30 usable. This new lease would enhance the Marina Enterprise Fund by creating an estimated $52,500 in annual revenue. The Yachting Center infrastructure improvements on the north side of the Peoples Street T-Head Boardwalk would follow city code. Improvements include necessary repairs to various shrimp boat slips, necessary rotted wood pilings replacement, dock walkway replacement at various sections, electrical upgrade, water supply and a sanitary sewage system. The Yachting Center project provides a needed service to the community and is self funded. The following is an estimated cost for improvements proposed by the Yachting Center: Replacement of Marina infrastructure (rotted pilings & docks) Installation of utilities, electrical and sanitary sewage Engineering and permitting costs New Yachting Center building on floating barge New boats for Sailino School Yachting Center Total Approximate Cost of Yachting Center Project $ 100,000 200,000 100,000 800,000 1,000.000 $ 2,200,000 Total Cost to the City of Corpus Christi - 0 - -21- ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE-YEAR MARINA SPACE RENTAL CONTRACT WITH YACHTING CENTER OF CORPUS CHRISTI, LLC FOR THE USE OF 15 BOAT SLIPS ON PEOPLES STREET T-HEAD, NUMBER 70 EASTWARD TERMINATING AT THE WEST BULKHEAD, FOR OPERATION OF SAILING SCHOOL AND RELATED ACTIVITIES, AND INCLUDING CONSTRUCTION OF UTILITY, AND BOAT SLIP IMPROVEMENTS; FOR MONTHLY SLIP FEE RENTAL PAYMENTS OF $6.85 PER LINEAR FOOT OF DOCK SPACE, SUBJECT TO ANNUAL RATE CHANGES; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute afive-year marina space rental contract with Yachting Center of Corpus Christi, LLC for the use of 15 boat slips on Peoples Street T-head, boat slip spaces No. 70 eastward terminating at the west bulkhead, for operation of sailing school, charter boats and related activities, and including construction of utility and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual slip rate changes. A copy of the lease shall be filed with the City Secretary. This lease shall terminate upon effective date of 14- year 6 month lease between the parties of the same premises. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) 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 _ day of , 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor Legal form approved b C~' ~ ~ , 2008 By: o'i°..vv: Lisa Aguilar, A i tant City Attorney for City Attorney -22- Corpus Christi, Texas Day of , 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, Council Members Respectfully, Henry Garrett Mayor 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 -23- Page 1 of 15 M CITY OF CORPUS CHRISTI, TEXAS SS# MARINA SPACE RENTAL CONTRACT Date contract Sbrls: December 1, 2008 Lessor Nerve; YecMlna Confer of Cororn ChNaN. LLC Name or Craft: Nome Addron• Make of Croat: Bwinge Address: Type o! Crew: Year: Lsngac seam: Phma: Home: Beat Capbin'e Phone: OIaG: Stab or Doaumenbd Na: Llem end enetmrbrenas Upon Above Craft: Port or Documenbtlon: 811pI8pace No.: 16 stage on Peophe Street T:head, BoW Sllpe No. 70 eawtvrord, brminating at weal bulcheatl as deplded on attached Exhhit 1. Osar Box Noa nla Momhry apace Rentef: a" Monthry Gear Box Rental: s_. Total: $_ Depostt: S In accordance wHh City of Corpus Chdatl City Ordinanoea "_55.85 oar linear foot o} dcok seats. cammerohl aIW ronhl robe, ok~s other oli ~61e has deaoribed on eMer•~r Exhibe 2 as may emended 4l aomMance with CAv of Coroue Chloe Cav Ordimncea The City of Corpus Christi, Texas, a municipal corporation situated in Nueces County hereinafter called "City", hereby leases t0 YacMina Center of Corona Christi. LLC. hereinafter called "LESSEE", for a term of flue years from the starting date, the sliphspace and gear box, If applicable, described above, at the Corpus Christi Marina, Corpus Christi, Nueces County, Texas, for the storage of the wateroratt described above, and all parts and equipment thereon, upon the following terms and consideretbns: 1. Marina Fadlitiss. City shall provide slip/space, facNities, and services for the storage of lessee's watercraft and parts and equipment thereon as described above. Provided, however, during spertial events, construction, repairs, and other similar activities, for periods not exceeding 30 days annually, the Superintendent may require Lessee to move to another aliplspace. 2. Rental. Lessee shall pay the above described rent and deposit, representing "first" and "last" months rent, upon exeaftion of this contract. Subsequent monthly rent payments.shall be made on the first day of each month; payable to the Ciry of Corpus Chrsti, Collectbns Section, at 1201 Lecpard Street, or to P. O. Box 9277, Corpus Christl, Texas, 78489. If the first day of the month falls on a weekend or a holiday, payment shall be made an or before the first business day of the month. The deposit, which represents the'Islst" mordh's rent, may be forfeited when the Leases vacates his assigned slip/space without giving the Marhta Superintendent thirty (30) days written notice of termination end/or when any part of the rental becomes delinquent as described beknv. The deposit shall be refundable only under the conditions described in Ordinance No. 13871; Section 3(d), 9-10-77, as amended. 3. Rate ChlntpaK. This rmttal Hale and deposft for storage space ie subject 6D change by action of the Cfty Council. Should a rah charrpe be made, the Lessee shall be given written notice thirty (30) days in advance of the date vrtten rent under the new rental rate ~ due and payable. Lessee will also be required to deposit an additional amount whenever the nertbl rate is incrt~laed. 4. Annual CerdMptlort. Within ane month folk>ttring the execution of this lease, Lessee shall establish to the satisfaction of the Marina Superintendent proof of his ownership of the above described Mra~rcreft. The Ciry resenros the right any time to "spot check" and ascertain ownership of the watercreft in the slip assigned above. 5. EtNormrtrettt Llsns. Lessee does hereby agree to make current payments of slip rents, meter charges (If applied), and be liable for any intentlonal or negligent damage to City's property and/or equipment. Should eNher dellnquancy of rent paymentand/or damage to the City's property or equlpmerrt occur, Lessee, !n conslderetlon thereof, shall, wltlfout reservation, recourse or other corwlldon, automatlcal/y grant to the City, a prior Ilan against Lessee'$ watercreft and ell parts and equipment thereon, to satisfy and/or secure the C/ty /n said claim and the payment !hereof. A lien, having been placed on the watercraft, shall .EO•DIR1LIret2008 MannelYachLCenter.Madna.Space.Ranhl.COdreG 6 year Cdober 16 200e,tloc -24- Page 2 of 15 preclude Lessee's right to remove said craft or any parts and equipment thereon from the premises of the Corpus Christi Marina until said lien has been satisfied by payment In cash, cashier's check or money order. This Ifen shell be in additbn to all other liens and remedies provided by law. Seizure and foreclosure of Wen sale by the City may be executed by the City as outlined herein. h !8 speclRcally agreed that the use of sl/p, dockage, stowage, weber, artd electAclty provided pureuant to this agrewnent are provkNd !o fhe watercraft for tho cradle of said craft; and It b undsretood between the partks hereto that the Clty Is retying prlmaMly upon the credit of the water+c-alt for the enforoemeM of Its claim for slip rental payments, or other sums due and owing, and that !t !a the fmiher intentlon of the parties that s madtlme lion of Ilene arise out of the provkfing of stowage, dockage, or other servks auppi/sd ro the craft, and that the City does not by this Contrsct or otherwise /Mend ro wa/ve its entitlement of a marfthne Ilan. Documented vessels are subject to the Ship Mortgage Act, its amendments, and general maritime law. 6. Delinquency. Lessee shah be deemed "delinquent" when Hre period of time for which he has paid for his siip/spece in advance, not including the deposit, has expired. The then-current late charge shall be added to a slip rental account which has not been paid prbr to the close of business on the fifteenth (15"') day of the month for which the sAp rental is due. If payment is made by mail, the envelope containing the payment must be postmarked not later than said fffteeMh day of the month. When the fifteenth day of the month falls on a weekend or a holklay, the late charge will be in effect on the next business day. Continued delinquency at thirty (30) days shall effect automatic application of Lessee's deposit for non-payment of the rental due for said delinquent period. Sixty (t30) days past due shall prompt a written note, by the City to Lessee, that the City does place a lien upon the watercraft and all parts and equipment thereon for elf charges due the City under this agreement. At that time, the City shall also publish public nolirx of pubic auction to seN said craft in thirty (30) days in satistacdon W said Ilan, pursuant to the rules and notices required for a sale of the property under applicable federal, state, or local law. Should said sales of the craft be necessary, Lessee does hereby authorize the Cfty to seize, remove and deliver said craft, without Judicial process, for monies to satisfy any indebtedness and collection coats owing to the City to discharge the liens, either maritime, statutory, contractual or otherwise, granted herein or existing at law or in equity, and t0 pay prior or other existing liens, ff any, as their interests may appear. Any balance of monies after said claims have been paid, shall be paid to Lessee. 7. Inspection of Craft During Delinquency. In the event any rent owing to the City by Lessee becomes delinquent, but prior to the ninetieth (80) consecutive day of delinquency, Lessee retains the right to board his craft during reasonable hours when accompanied by a representative of the City Marina staff in order to Inspect the craft. Thereafter, Lessee relinquishes all rights to be upon the docks, piers, and/or catwalks of the Marina, as well as upon said craft. s. Release of Liability. Lessee agrees to release, indemnify, and "hold harmless", Nte City, of and from any and all claims for damages, losses, expenses and costa, of any nature, arising by reason of use of the rented slip/space, adjacent docks, pilings, piers, and ail other property of the Clty. Additionally, Lessee must indemnify and hold Clty, its officers, employees, or agents, ("Indemnitses"), harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabifltimi, experrs~, and judgments recovered from or against Indsnmitses on account of injury or damage tD psnon or property to the extsrrt any each damage or injury may be incident to, arise out of, or be calmed, effher proximately or remotely, wholly or M part, by an ad or ordedotr, rre~iger~ce, or misconduct on the part of Lessee or arty of its agents, servatrts, employees, contractors, patrons, guests, licensees, or invitees entering upon the premiers leased or used by Lessee, ("Premises"), or using any of the services provided by Lessee, or which may arise or which may bs alleged to have arisen out of or in connection with construction of improvements pursuant to this Agreement, or when any such Injury or damage is the result, proximate or remote, of the violation by Lessee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental oMer of any kind, or when any such injury or damage may in any other way arise from or out of the construction or use of improvements located on the Premises herein or out of the .EG•~IR\Lise\2009 Merine\Yacht.Center.Marina.Space.Rental.Conlroct 6 year OCtOber 161008.tloc -25- Page 3 of 15 use or occupancy of the improvemenffi to the Premises or the Premises itself by Lessee, its agenffi, servanffi, employees, contractors, patrons, guesffi, licensees, or invitees. Lessee covenartffi and agrees that if City la made a party to any litigation against l.~sae or in any litigatbn commenced by any party, other than Lessee relating to this Agreement, Lessee shall defend City upon receipt of reasonable notice regarding commencement of such Iltlgation. 9. Compllartoe with Laws, RuNs, and Reputations. Lessee agrees to comply with and be governed by, applk:eble federal, state, and local laws, rules and regulations, fnGuding Chapter 12 of the City of Corpus Christi Code of Ordinances and the Marine Rules end Rsgutadona, as amended. Nothing in the Contract ~ any manner prevents the City trom enforcing the provisoes of Chapter 12 of said code. Current Marina Rules and Regulations are attached. 10. Tsrmhratlort. This contract shall terminate upon effective date of 14year 8 month lease between the parties of the same premises. AddiGorurlly, this contract may be terminated by either party in the following manner. s) This contract may be terminated by Lessee giving the Marina Superintendent thirty (30) days written notice in advance of termination, provided Lessee's rental payments and other charges are timely paid. This notice shall be delivered to the Lawrence Stroet T-Head office, or mailed to the Marina Superintendent at P. O. Box 9277, Corpus Christi Texas 78489. b) The City Marina Superintendent may terminate this Contract whenever Lessee fails to comply wkh the provisions of this Contract, or any applicable federal, state, or local laws, rules or regulations and falls or refuses to comply within a thirty (30) days after receiving written notice of the violation of recommended cure. 11. Sublease. Lessee may not assign this lease tb another. Lessee may not sublet the sliplspece herein to another without the written consent of the Marina Superintendent as to some maximum duration, and the payment, In advance, by the sub-Lessee, of an amount equal to the sum of all rental payments for the specified maximum duret'ton of the sublease. Said amount shall be applied as a credk to the account of the Lessee. Sub- Lesaee shall be bound by all the terms of the Lessee's Contract except as specifically modified by the sublease agreement A written sublease agreement must be executed In order to create a sublease. The Clty may, upon approval of the Lessee, provide aSub-Lessee. An approved sublease shall in no way divest, preclude, or prejudice Lessee's rights and claims under the terms of this lease. 12. Transient Cnfk In order for the City to be cognisant of the availability of slips for trensient craft use, Lessee shall notify the Marina Superintendent when Lessees expects to have his craft out of his slip/space for more than five (5) consecutive days. However, failure to give the natfication shall not constitute a default under this Contract. A transient craft owner ar operator shall not be considered a sublease unless the requirements of paragraph 11 are met 13. In The Cwerrt of Hurtkane Threat. Lessee will make pre-arrengerrents to remove or have removed his craft from the City Marina in theevent-there is a threat from hurricane, and agrees to comply with the hurricane procedures that_the City Marina Superintendent prescritxis. 14. Notice. Any notice to Lessee under ttris Agreement strap be complete upon platting tt in the mail to either ar~re6s given.above, or to an amended address submltEed by !.eases in writing. 15. NO Lam. 16. Mra1~0e. L.eNee aplees in maintain insurance es required by Exhibit A-1, City of Corpus Christi Risk Mansparusrd , naming Cfty as additional insured. 77. YadHinp CsaMr CwaetracHon and operation. Lessee gees to perforn conshuction and operations in accordance wUh attached Exhibit A. 18. Tsrminatlar of prevbus agreemsrrls. This agreement terminates the previous agreements between the parties for marina space renta- contract for rental of boat slips No. 54-85 of Peoples Street T-head. FaCECUTED this day of , 2008. _EG-DIR\Llse\200t1 Madne\Yacht.Center.Merlns.Sp9q.Rentei.Contract 6 year October 76 2008.dx -26- Page 4 of 15 CITY OF CORPUS CHRISTI, TEXAS ATTEST: Armando Chapa, Clty Secretary APPROVED AS TO LEGAL FORM Lisa Aguilar Asalatant City Attomey For City Attorney LESSEE: Signature: Name: Lf Title: 11i .EG-OIR1LI9a12008 McAna\Yacht.Canter.MeAna.Space.Rental.COnlract b year Octohar 76 200a.doc CITY OF CORPUS CHRISTI City Manager Cenbr of Corpus~hrisN, LLC fi Date: C /5 d~ -27- Page 5 of 15 CITY OF CORPUS CHRISTI, TEXAS CITY MARINA RULES AND REGULATIONS 1. PENALTY FOR VIOLATION -The rules and regulations contained herein are the policies and ordinances of the Corpus Christi Ciry Marha. Vblation of any of these provisions carries a fine not to exceed Two Hundred (5200.00) Dollars, plus possible loss of space privileges. Upon the refusal to comply with a lawful order of the Marina Superintendent and/or his staff, the Superlntendent may revoke the rental of apace for the watercraft and order its Immediate removal. Should the owner, master or operetor or any person refuse the order, the watercraft may be removed by the Marina Superintendent. 2. U$E OF UTILITIES - Faccessive and/or negligent use of aledricity or tap water, es determined by the Marina Staff, wig cause metering of the utility and the space tenant shell pay an addigonal coat for the use, as well as the cost for the metering device. 3. CRAFT PROPERTY TIED -Alf craft shall be berthed with proper care end be secured to its moorages with good Ilne and shall be maintained at all times with respect to safety and appearance. 4. NO BATHING, SWIMMING -Entering the waters of the City Marina for the purpose of bathing, swimming or wading is prohibted due to the danger of moving watercraft 5. NO TRASH OVERBOARD -Trash, refuse or waste of any kind, including the overboard flushing of heads or holding tanks Is not permitted inside the rock breakwater of the City Marina. 6. SPEED LIMIT - No person shell operate a craft greater than 4 mph within 200 feet of the L-Head or T- Heads. Speed of moving craft inside the City Marina shall be held down to a limit whkh will leave no wave action from Nreir craft. Craft operators are Ilable for the damage caused by wave action from their craft. No speedboat contests are permitted within the water areas protected by the City Marina rock breakwater. 7. CATWALKS, BULKHEADS KEPT FREE OF MATERIALS -Materials, trash and/or equipment left upon the docks, catwalks and bulkheads will be removed, without notice, by the Marine Staff. These areas must be kept clean and clear at ail times. 8. NO LAND DWELLING - No person shall be permitted to use the land areas of the L-Head and 7-Heads as a dwelling place for any length of flme, whether the person be in a vehcle, tent, improvised shelter, or without shelter: An overnight stay shall Constltute using the lend area as a dwelling place. 9. NO WATER DWELLING - No watercraft whatsoever which is being used by the person or persons aboard as a dwelling place shall be permitted to moor, tie-up or anchor within the protected waters of the City Marina, except regular space tenants and registered transient creft shall be permuted to stay aboard their craft for five (5) consecutive days only, provided their craft is equipped with a holding tank or the shore restrooms ere used, and provided a permlt is obtained from ttre Marina Supervisor. 10. NO BOAT REPAIR AT SPACES - No owner, master, operator or his agent, of a watercraft is permitted to make major hull and/or superetructure repairs while berthed at the space without written permission from the Marina Superintendent who has authorlty to order the termination of ttte work. 11. NO PARKING OF TRAILERS AND VEHICLES - No person shall leave or cause to be left any trash, material, object, vehicle, trailer or equipment upon the land areas of the L-Head and T-Pleads without prior written approval of the Marina Superintendent 12. NO SIGNS AND - No signs and/or advertisements of whatsoever kind shell be permitted wthin the City Marina including all land and water areas, without prior written approval of the Marina Superintendent. 13. NO FISH NETS AND TROTLINES - It shall be unbwful to seine for marine Ilfe, drag a net, set out a trotline or sag line, in any of the water areas of the City Marina bound by the rock breakwater. 14. NO TRESPASSING - No person re to be upon any craft, Its dock and bulkheads except the space lessee, their guests or agents or persons in the employ of the City for business therein. 15. NO FUELING AT SPACES -The fueling of Inboard tanks on watercraft are hereby prohibited in every place. of the City Marina except at the fuel station docks, ar at other alternate fueling sites as designated by the Marina Superintendent. .EG•DIR\Lga12008 Marina\Yachl.Cellar,Marina.Space.Renlal.COntract b year October 162008.AOc -28- Page 6 of 15 18. ASSIGNMENT OF SPACES -Upon first arrival, the craft owner or operator must report in to the Marina Office to be assigned a space. 17. SPACE ASSIGNED TO 8PECIFIC CRAFT -Space is assigned to a specific craft and a specific owner. Any change of the owner's craft requires immediate notification of the office of the Marine Superintendent. 18. LIMIT TO NUMBER OF 8PACE3 RENTED - No more than five (5) spaces shell be rented at a time, by any person, flnn, organization or corporation without special agreement in writing by the Marina Superintendent, the City Manager or City Council. 19. DAMAGE TO MARINA FACILITY -The owner tx owners of any watercraft, whether operated by him or his pilot, shall be responsible for the damage his craft may cause to the Marine apace fixtures. 20. CRAFT DETERIORATING IN SPACE -Any craft which becomes so badly deteriorated as to be likely to damage any other obJects or vessels, or which might become a menace to navigation, shall be removed at once by the craft owner et his sole expense, ar shall be removed by the Marina Superintendent at the craft owner's expense. 21. CRAFT REGULATION EQUIPPED - Craft in the Ciry Marine shall be equipped according to the U. S. Coast Guard regu~tions and operated according to the "Rules of the Road" and the navigation laws of the United- States. 22. BILGEWATER, OILS AND INFLAMMABLES - It is unlawful for any person to discharge or permit the discharge of any oily bilge water, oil or inflammable liquids of whatsoever kind in the waters of the Clty Marina. 23. GEARBOXES -Gearboxes may be rented from the Clty Marina or the space tenant may provide his own at his assigned apace, provided the design specifications are the same as provided by the Marina Superintendent. 24. PARKING - All parking areas, including parking lots and curb parking, are for the use of tl~e generel public while indulging in recreational activities. The parking arose are under the control of the City Marina supervisory staff. No owner, master, operator or any person in charge of any wateroreft shall direct, order or request any other per~on'to refrein from parking any vehicle in any of the designated parking places of the Marina L-Head and T-Heads. 25. NOTIFICATION OF HAZARDOUS CONDITIONS -Tenants shall notify the Marina Superintendent, In writing, of any conditions, defects, or failing of the tenants sllpispace, docks or other property that may become hazardous and/or require repair or maintenance. Tenants shall also notify the Marina office of any vandalism, theft; or other pending or committed crime In the Marina area. SPECIAL REGULATIONS FOR CHARTER BOATB 1. CHARTER BOAT - A charter boat shall be defined as any craft which is for temporary charter, rent or hire, and is commonly referred to as: Head boat, party boat, party fishing boat, tour boat, sightseeing boat, exarreion boat or charter fishing boat. 2. IN ADDITION to the rules and regulations provided herein, a charter boat owner, master or operator shall comply with each of the following speaai regulations: A) Purchase his own electric meter and pay for all Me electrical use. B) All signs, awnings and tkdCet booths shall conform to the City Ordinances specifically written for their control or they shall be removed, without notice, by the Marina Supervisory Staff. C} Solicitation of passengers shall be confined to the rented space and no person shall attrect passengers by means of arm waving or excessive noise, including music. _EG•DIRLLIea12005 MerlnalYadrt.Center.Merlna.3pace.Rental.Contrect 6 year October 15 2005.EOc -29- \T~ K r s= C r ~~~ a~is~ ~C ~~ JJJ ~pp~ ~a~ry~~~ i ~ ~y .. J ~ I I ~ L- ~ C suo~n~ a.w -30- n ~_ Z n m z -~ m ~o 0 ^~ \! Q C C7 2 --~ Page 8 of 15 EXHIBIT 2 Schedule of Marina Fees and Charoes (Effective Aupuat 1, 2007; Adjusted Monthly UUllty Recovery Fee Effhctive October 1, 2008) Monthly Slip Rental: Pleasure Craft on Piers A, B, C, D, E, F, G, H, L & LST$5.25/Linear Foot (LF) Pleasure Craft on Pier R $4.20/LF Pleasure Craft on Pier M 8r MORF $4.00/LF Commercial Craft $5.85/LF Late Fee, Monthly $50.00 Monthly Utility Recovery Fee: (Indudes garbage pidtup 7 deyNuyeek and utlllty maidenance.) EIBatFLf!? Commenclal Craft <= 20' LOA $7.75 $14.95 Craft>20'but <=30' LOA $14.35 $20.40 Craft >30' but <=40' LOA $27.35 $31.20 Craft >40' but <=70' LOA $49.45 $52.10 Craft>70' but <=100' LOA $67.80 $78.45 Craft>100' $90.65 $108.75 Monthly Gear Box Rental: $5.oo/small; $s.oo/Large Llve Aboard Rental: Up to two oxupenta $75.00/Month Per additional occupant over two $25.00/Month (Plus slip rental tees, monthty utlllty rocovery fees, dolt box tees and all malerod ebdricel use J Monthly Dry Stack Boat Rack: Lower Level Berth $18.00 Other Berth $14.00 Monthly Dry Hard Stand Storage: $a7.eo Rates for Transient Craft.(Aavance Payment Raqulred): Commercial Craft $1.00/LF or $36.00/Night` Pleasure Craft (120 Days or Less) -Overnight $0.90/LF or $27.00" - Weekly" $4.20/LF or $126.00` -Monthly"" $8.40/LF or $252.00" Trailer/Dry Boat Storage -Ovemight $7.00 -Weekly"` $35.00 -Monthly`" $105.00 Utility Recovery Fee: Dual 30, Dual (includes water, eiedricity and garbage): ~0 Amo 50 Amo 50 Amo 50/100 AtTID .EG~DIRWU120ae Madna\Yacht.Center.Marine.Spece.Rental.Confntct 6 year October tb 20o9.doc -31- Page 9 of 15 -Overnight $3.45 $6.90 $10.00 $12,50 -PerUUeek"" $18.10 $16.10 $18.00 $20.50 - Per Month"' $89.00 $89.00 $75.00 $65.00 - Usage Over Minimum, $0.14IKV1IH Other Fees: Unauthorized Craft: $50.OOlNight Impound: $100.00 MaHna Area Rental: $0.01/SF/Day Selling School Class (Per Student; Includes Book): $70.00 SsUing School Book: - $15.00 Slip Waiting List (Nan-Refundable): $25.00 'VJhk:hever is greater, plus utHity recovery fee. '"Weekty ht dented as seven consecutive MghM; monthty fe deNed as thirty coneswtNe nighu. Schedule of Marina Fees and Charges (Effeettve august 1, 2007) (Contirtuad) BOAT HAULOUT FACILITY -ACTIVITY FEES Em@rg@ncy $erViC@S (Minimum One Hour): Material Cost Plus 20% Suroharge Pump Out Equipment with Equipment Operator $100.00/Hour""" Marina Vessel (Two parson team; non-emergency) $200.00/Hour"""" Otll@r SerViaeS (Minimum One Hour): Materials Costs Plus 20% Surcharge Labor Fee, On Lend $50.00/Hour"""' Marina Vessel (rvro person team; non-emeryency) $75.00/Hour""" Boat Haul Out Facility: (Rote: travel f_n uknued a M~timum is ton caparAy> Haul OuUHoki in Slings/Launch (Mardmum one Hour) $150.00 Haul 8a Bbck (Maximum One Hour) $150.00 Leunoh (Per Llfk Maxmum Orre Hour) $150.00 Additional Hour(s) $50.00/Hour Contractors Administrative Fee (tnsuranceRequired>: Annual Fee $200.00 Contractor Fee, Per Job $ 75.00 Pro Rata of Annual Fee (02/01-07/31) $100.00 Master Key Deposit (Refundable) $150.00 .EG•DIR1LIae\2008 Marine\Vacht.Center.Maxne.3pece.Renlel.ConVect 6 year October 16 20ae.doc -32- Page 10 of 15 Haulout Work Area Fees pntaudee sp.ae and uulalee): Requires Generel Public Liability lneuranca naming the CltyAddhional Insurod. Tenant Vessel $5.00/Day {01-10) Tenant Vessel $15.OOIDay (11-30)*** Non-Tenant Vesaei $15.00lDay (0-30)*** Monthly Area Fees: Mast Storage (Umited to aervke period for boale) $10.OO/Day (0-30)*"* Boater Facility Meeting Room: Requires Spacial Event Pemtfl. Rental, Three Hour Minimum $100.OO1HOUr Mirador Rental: (Regmrea Pemtn> Rental, Three Hour Maximum $30.00 Other Few: Portable Pump Out Service; (one Hour Minimum) $25.00/Hour Rsgetta/$peciai EV@Ilt Rates (Requires Speolel Efrerd Permit or advance notice, In wdting, tram sponsoring yacht club. Ciry/Marina must be adverdsad as event sponsor ac per SpeoUl Event Pannlt. Regardlew of LOAD: In-Water: 3-20 Participant Vessels Plus Trailer Storege Fees and Applicable Ulgily Recovery Fee/Overages $15.00/NightNeasel In-Water: 21+ Participant Vessels (rnree Day Event Term) Plus trailer storage tees. Incursive of applicable utility retxrvery fee. Plus charges for elaelrical use exceeding the included utility rocovery fee. $15.OON@SSBI/EVent Support Vessels (Plus Utility Recovery Fee/Overage Charges) $15.00/Night On-Land Per Tagged VeasellTrailer $5/Trailer or VetrsellEvent Established by Marina Storage Area $0.01lSFIDay "'Rate increeees S101day upon each thirty (30) day increment. ..•"reaaMa agased one pump out or hw service pre cabnr~r year (up re S3o0.00 maximum) at no elrerge. .EG•DIR\LI9at2a08 Marina\YadlLCenter.Menna.Space.Rentel.COntract 6 year October fb 2009.eoC -33- Page 11 of 15 EXHIBIT A YACHTING CENTER CONSTRUCTION & OPERATION. The conceptual plans for the Yachting Center are attached as Exhibit B. The following addi0onel provisions govern construction and operation. (1) Construction for the dockage and mooring shall not begin until the Plans & Specs have been submitted to and reviewed and approved by the City Marina Superintendent and Ctty Engineering Services Dept., and Lessee, at Lessee's expense, has obtained all required permits from Clty Development Services Dept. and any other enttiles having jurisdiction, and Lessee and Lessee's construction contractor have obtained all insurance as required by City Director of Rlak Management, and Lessee has obtained all performance and payment bonds as required by the City Attorney. A copy of the insurance requirements for the construction period are attached as an Exhibit Upon completion of construction, all improvements are donated to City; however during the term of this lease, Lessee is responsible for aii maintenance and repair to improvements constructed by Lessee. (2) Ail improvements constructed by Lessee or lessee's contractors on City properly, including, but not limited to, the twat slips, pilings, boardwalk decking, etc., and all operetions of Lessee must comply with ail applicable City Codes and ordinances and aii applicable Federal and State statutes and regulations. (3) Lessee shall use the 15 boat slips located at the Peoples Street T-head stem from slip number 70 westward terminating at the west bulkhead for a floating barge for the operation of a yachting center, sailing school, charter boats, boat brokerage, gift and sundries shop, room rentals, and relaied activities, and for no other purpose unless approved in advance in writing by the Marina Superintendenk Lessee also may sell food that requires minimal on-site preparation and non-alcoholic beverages to the public. (4) Lessee al Lessee's expense shall install pilings to accommodate and secure the Floating Barge. (5) Lessee at Lessee's expense shall replace the damaged pilings along the Boardwalk commercial slips as necessary to accommodate the fishing vessels westward of the sailing school. The pilings are located along the north side of the boardwalk, as identified by the Marina Superintendent. (ti) Lessee at Lessee's expense may replace the Boardwalk decking in the front of the Floating Barge as per request of Marina Superintendent. (7) Lessee at Lessee's expense shall construct improvements to the sewage and electrical service serving the Yachting Center to comply with requirements of City Codes. (8) During the Texas International Boat Show or other City-approved events,_ the Barge and sailing school and charter boats will move OR the barge office /school will be used for Boat Show office during Boat show period. (g) All signage must be in compliance with City Codes. (10) Lessee shall be responsible for all maintenance of improvements constructed for the benefit of the Yachting Cl:trter, including maintenance of improvements to provide electrical and sanitary sewage to the Yachting Center. Lessee shall maintain docks associated with slips rented under this Contract. (11) Lessee pays for all utilities. (12) Lessee shall have the non-exclusive use of the boarclwalks and decks adjacent to the slips leased. :1LEG-DIR\Liae\2008 Madne\Yacht.Center.Merlna.Space.Renlal.Conlract 6 year October 16?AOO.doc -34- Page 12 of 15 (13) Lessee shall provide trash cans in number and location as Marina Superintendent. Lessee is responsible to keep area clean and remove trash dally which accumulates in the Lessee's area. Lessee shall not obtain separate dumpster without approval of Marina Superintendent. .EG-DIR\Llsa\2U09 Madna\Yachl.Center.Madne.Space.Rentel.COnlracl5 yev OctoOer 15 aod8.doc -35- Page 13 of 15 INSURANCE REQUIREMENTS -Exhibit A-1 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 hereto has been obtained and such insurence has been approved by the CRy. The Yachting Center of Corpus Christi, LLC must not allow any subcontractor to commence work untU all similar insurance required of the subcontrector 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 folbwing 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, Bodily Injury and Property Damage non-renevual or termination Is required on all per occurrence /aggregate limit certificates Ocean Marine Coverage $1,000,000 per occurrence form 1. Marine Owners Liability coverage $250,000 Damage to Premises rented to you 2. Premises Liability -Broad Form General Liability $5,000 Medical Payments 3. Products/ Completed Operations 4. Contractual Liability 5. Personal Injury 8 Advertising Injury 6. Fire Legal Liability Commercial Property Lessee is responsible for their own insurable Interests in their property Legal Liability coverage to include value of leased area $250,000 Ordinance or Law Coverage Time Element -Leasehold Interest Inland Marine /Builders Risk In amount of value of the floating barge Protection & Indemnity (P & I) $1,000,000 (When applicable) Improvements and Bettemtents (as per Exhibit A) Environmental Irnpeirment Liability -Broad form pollution $1,000,000 liability coverage Business Auto Liability to include Hired and Non-owned $1,000,000 Auto Liability .EO•DIRVlga1200B MarinalYacht.Centat.Metlne.Space.Rental.COnpect 6 yeaf Odobar 16 2003.tloc -36- Page 14 of 15 Workers Compensation Employers Liability USL&H $500,000 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 Section 1.01 ll. ADDf!/ONAL REQUIREMENTS A. U applicable, a8 stated in Section I-B, Table, Yachting Center of Corpus Christi, LLC must obtain the applicable workers' compensation coverage or marhime exposure protection for its employees through a licensed insurance company !n accordance with Texas law. The contract for coverage must be written on a policy and wRh endorsements approved by the Texas Department of Insurance. The coverage provided moat be in an amount suffkdent to assure that all workers' compensation obligatbna incurred by Yachting Center of Corpus Christi, LLC will be promptly met. 8. Lessee's financial Integrity is of interest to the City; therefore, subject to Lessee's right to maintain reasonable deductitSles ir1 such amounffi 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, ai Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Taxes and with an A.M. Best's rating of no less than A- (VII). C. The Ciry shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and ati 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 provffifons are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies).Lesaee shell be required to corriply with any such requests and shall submit a copy of the replacement certificate of insurance to Ciry at the address provided below within 10 days of the requested change. Lessee shall pay any cosffi incurred resulting from said changes. All notices under this Article shall be given to Cfty at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78489-9277 (361) 828-4555- Fax # D. Lessee agrees that with respect to the above required insurance, all Insurance policies are to contain or be endorsed to corrtain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additonal insured by endoreement, as respects operations and activities of, or on behalf of, the named insured performed under conhact 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 Clty is an additional Ensured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and .EO-DIRLLIea12008 MarlnalYacht.Center.Marina.Spece.Rental.Conlroct 5 year Oct06er 15 2008.tloc -37- Page 15 of 15 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, c~cegation, non-renewal or material change In coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. wthln 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 insurena 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 canpliance with the requirements fiereof. C3. 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 properly 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 ktsurance carcied 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 fn addition to and separate from any other obUgatlon contained in this contract. NOTE: The limits and types of coverages are subJect to adJustmern It upon review of parnrlt application, k is determined that the activky under this permk requires Increased Nvels and typss of coverages. 2008 Yachting Center CC, LLC. ins. req. 8-29-08 ep Risk Mgmt .EG-DIR1LIeat2008 Merlne\Yacht.Cenler.Marina.Space.Rentel.Contrect 6 year OUOber 16 2006.doc -38- r ~F` t ~' -v LA r ~~~~ ~e ~t~~t ~_ ~_~~~~~ J .:\,i\ >:: -39- n 2 ~ ~" ~ ~: ' Z ('~ i Z -i 0 C) O C n 2 N s- -~ a p CS1 P N ~~~~ SBBdld? ~e ~~~~~$~~ ~ ~ ~ ~< -40- D n 2 ~ ~_ Z n m z -~ m °, O ~o c n ~' a t W _~~~~m ~~~ ~_ ~~~~~~ ~~~~~ ~ ~ ~ ~< -41- ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FOURTEEN YEAR SIX MONTH MARINA SPACE RENTAL CONTRACT WITH YACHTING CENTER OF CORPUS CHRISTI, LLC FOR THE USE OF 15 BOAT SLIIPS ON PEOPLES STREET T-HEAD, NUMBER 70 EASTWARD TERMINATING AT THE WEST BULKHEAD, FOR OPERATION OF YACHTING CENTER, SAILING SCHOOL, CHARTER BOATS AND RELATED ACTIVITIES, INCLUDING CONSTRUCTION OF UTILITY AND BOAT SLIP IMPROVEMENTS; FOR MONTHLY SLIP FEE RENTAL PAYMENTS OF $6.85 PER LINEAR FOOT OF DOCK SPACE, SUBJECT TO ANNUAL SLIP RATE CHANGES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION BE tT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a fourteen year six month marina space rental contract with Yachting Center of Corpus Christi, LLC for the use of 15 boat slips on Peoples Street T-head, Number 70 eastward terminating at the west bulkhead, for operation of sailing school, charter boats and related activities, and including construction of necessary electrical, sanitary, boat slip and other improvements; in consideration of monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual slip rate changes. A copy of the contract shall be filed with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This contract takes effect on the 61St day following City Council approval. -42- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED, this the John E. Marez Nelda Martinez Michael McCutchon day of 2008. ATTEST: Armando Chapa City Secretary Henry Garrett Mayor By: ..~ Lisa Aguilar Assistant City Attorney For City Attorney -43- Page 1 of 14 M SS# CITY OF CORPUS CHRISTI, TEXAS AAARINA SPACE RENTAL CONTRACT Dab Contract Sbrb: Name o} Craft: Yaehdnp Cenbr School Bosh Make of Craft: Typo of Craft: Yaer. length: Beam: Stab or Documanbd No.: Port or Documentation: LeMee Name: YeoMMw Gnbr of Copus Cfidstl. LLC Noma Addnn: Business Addnw: Phone: Noma Offlq: _ Bwt Capbin's Phone: Liens and snaumbrances Upon Above Craft: SIIprSpsae No.: 15 frost sllpe on Peopbs Street T-Head, No. 70 aaetward, brmktatinp at wet burchead es depktled on attached ExNbk1 Qear Box No.: Na Mouthy Space Rental: $' Mouthy Gear Box Rental: $_ Total: $_ Depoek; $ In accordance terlih Cky or Corpus Chtlell City Ordinances • SB 65 oar Nnear foot o} dock eoaca com~reLt sAe roMd ratse ol~ro other eoollcabls faee dascdbed on the atbchsd ExNbk 2. es yppndatl In sanrdenrw wen r`kv M C~rnL C~rlstl Gkv OMMencse. The City of Corpus Chfistl, Texas, a municipal corporation situated in Nuetbs County hereinafter called "City", hereby leases to Yachtlna Center of Carous Chrktl LLC. hereinafter called "LESSEE°, for a term of fourteen years 6 months from the starting date, the sifp/space and gear box, if appllcabie, described above, at the Corpus Chrsti Marina, Corpus Christi, Nueces County, Texas, for the storege of the waterrxaft described above, and all parts and equipment thereon, upon the following farms and consideretions: 1. Marina Facllkles. City shall provide slip/spaos, factiit'iea, and services for the storege of lessee's watercraft and garb and equipment thereon as described above. Provided, however, during special events, construction, repairs, and other similar activities, for periods not exceeding 30 days annually, the Superintendent may require Lessee to move to anotherslip/apace. 2. Rental. Lessee shall pay the above described rent and deposit, representing "first" and "IasY' months rent, upon execution of this trontract. Subsequent monthly rent payments shall be made on the first day of each month; payable to the City of Corpus Christi, Collections Section, at 1201 leopard Street, or to P. O. Box 9277, Corpus Chrtsti, Texas, 78489. If the first day of the month falls on a weekend or a holiday, payment shall be made on or before the first business day of the month. The deposit, which represents the "last" month's rent, may be forfefled when the Lessee vacabs his assigned slip/space without gluing the Marina Superintendent thirty (30) days written notice of termination and/or when any part of the rental becomes delinquent es described below. The deposit still be refundable only under the condklons described in Ordinance No. 13871; Section 3(d), 8-10-77, as amended. 3. Rab Cltangss. This rental rate end deposit for storage space is subject to change by action of the. City Council. Should a rate change be made, the Lessee shall be given writbrt notice thirty (30) days; in advance of the date when rent under the new rental rate is due and payable. Levee will alp be required to deposit an additional amrnmt vtrtrenaver the rental fie is inrx~aed. 4. Mnlal Cer<ort. Within one month folkmring the execution of this lease, Lessee shall establish to the satisbctiort of the Mmina Superintendent proof of hie owntrship of the above described watercraft. The City l'BaerVeB the right any time t0 "spot tdt~k° and ascertain ownership of the watercraft in the slip assigned above. 5. EMoresmsM Liens. Lessee does hereby agree to make current payments of s8p rents, meter charges (if applied), and be liable for any intentional or negligent damage to City's properly and/or equipment Should eldw dNMqusmy of rout payment anotror damage to the City's property or equipment occur, Lessee, In consideration thereof, shall, without reservation, recourse w other ctmdltion, atrtomadcally grant to the Gty, a prior lien against Lessee's watencreft and all parts and equ/pment thereon, to satisfy and/or secure-the City in ae/d claim'and the payment thereof. A Ben, having been placed on the watercraft, shall preclude Lessee's right to remove said craft or any parts and equipment thereon from the premises of the .EO~DIRLLtSa12o0e Marina\Yacht.Center.Marlna.Spaee.Ranlal.ConVact 16 year October 7 2008.doe -44- Page 2 of 14 Corpus Christi Marina until said Ifen has been satisfied by payment in cash, cashier's check or money order. This Ifen shall be in addition to all other Hens and remedies provided by law. Seizure and foreclosure of Tien sale by the City may be executed by the City as outlined herein. It is specl/ka/iy agreed that the use of slip, dockage, stowage, water, and NacMe/ty provided pueawni to thla agreemaet are provJded !o the weteroreR for the credk of said cralk and It !s understood between the psrt-es hereto Beat the C1Ry is relying primarily upon the credit of the watercraft for the enforcement of Its claim for slip rental paymer-ts, or other sums due and owheg, and that It /s the further Intention of the partiq lhst a maANme Ilan or !lane arise out of the providing of stowage, dockage, or other service auppllad to the crab and that the City does not by this Contract or otheew/ae intend to waive Ns enHNement of a maritime lien. Documented vessels are subject to the Ship Mor~age Act, its amendments, and general maritime law. B. Delinquency. Lessee shall be deemed "delinquent" when the period of time for which he has paid for his sliplspace in advance, not including the deposit, has expired. The then-current late charge shall be added to a slip rental accourrt which has not been paid prior to the close of business on the fifteenth (15'h) day of the month for which the slip rental is due. If payment Is made by mall, the envelope containing the payment moat be postmarked not later than said fifteenth day of the month. When the fifteenth day of the month falls on a weekend or a holiday, the late charge will be in effect on the next business day. Continued delinquency at thirty (30) days shall effect automatic application of Lessee's deposit for non-payment of the rental due for said delinquent period. Sixty (80) days past due shall prompt a written notice, by the City to Lessee, that the City does place a Ilan upon the watercraft and all parts and equipment thereon for all charges due the City under this agreement At that time, the City ehali also publish public notice of public auction tD aeU said craft in thirty (30) days in satisfaction of said lien, pursuant to the rules and notices required for a sale of the property under applicable federal, state, or local law. Should said sales of the trait be necxisaary, Lessee does hereby authorize the City to seize, remove and deliver said craft, without judicial process, for monies to satisfy any indebtedness and collection costs owing to the City to discharge the liens, either maritime, statutory, contractual or otherwise, granted herein or existing at laver or In equity, and fo pay prior orother existing Yens, If any, as their Interests may appear. Any balance of monies after said claims have been paid, shall be paid to Lessee. 7. Inspection of Chit During DNinquency. In the event any rent owing t0 the City by Lessee becomes delinquent, but prior to the nir>etieth (90) cwnsecutive day of delinquency, Lessee retains the right to board his craft during reasonable hours when accompanied by a representative of the City Marina staff in order to inspect the craft Thereafter, Lessee relinquishes all rights to be upon the docks, piers, and/or catwalks of the Marina, as welt as upon said craft. 8. Release of Liability. Lessee agrees to release, indemnify, and "hold harmless°, the City, of and from any and all claims for damages, losses, expenses and costs, of any nature, arising by reason of use of the rented slip/space, adjacent docks, pilings, piers, and all other property of the Clty. Additionally, Lessee must indemnify and hold Gity, ifs officers, employees, or agents, ("Indemnities"), harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnities on account of injury or damage to pereon or property ~ the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or In part, by an act or omission, negligence, or miscor~uct on tins part of Lessee or any of its agerrts, servarsfs, employees, cortbactota, patrons, guests, licensees, or imvitses entering upon the prenrisea leased or used by Lessee, ("Premises"), or using any of the services provided by Lessee, or which may arise or which may be alleged to have arisen out of or In connection with construction of improvements pursuant to this Agreement, or when any such injury or damage is the result, proximate or remote, of the violation by Lessee, or any of Its agents, servants, employees, coretrectors, patrons, guests, licensees, or invitees of any law, oMinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the construction or use of improvements located on the Premises herein or out of the use or occupancy of the improvements to the Premises or the Premises itself by .EG•OIR\liae12008 Medne\Yacht.Center.Madna.8pace.Rentel.Contract 75 year Odober7 28oe.doe -45- Page 3 of 14 Lessee, its agents, servants, employees, Contractors, patrons, guests, licensees, or invitees. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or fn any litigation commenced by any party, other than Lessee relating to Ntis Agreement, Lessee shall defend City upon receipt of reasonable notice regarding commencement of such litigation. 8. CompBsnw wkh Laws, Rules, and Rsgulatlons. Lessee agroes to amply with and be governed by, applicable federal, state, and kx:al laws, rules and regulations, including Chapter 12 of the City of Corpus Christi Code of Ordinances and the Marina Rules and Regulations, as amended. Nothing in the Contract in any manner prevents the Ciry from enforcing the provisions of Chapter 12 of said code. Current Marina Rules and Regulations are attached, 10. Termination. This Contract shell continue in force unless terminated by the Clry Council or unless terminated by either party in the fo8owing manner: a) This contrail may be terminated by Lessee giving ilia Marina Superintendent thirty (30) days written note In advance of termination, provided Lessee's rerrtal paymerds and other charges are timely paid. This notice shall be delivered to the Lawrence Street T-Head office, or mailed to the Marina Superintendent at P. O. l3ox 9277, Corpus Christi Texas 784139. b) The City Marina Superintendent may terminate this Contrail whenever Leases fails to comply with the provisions of this Contract, or any applicable federal, state, or local iavus, rules or regulations and fails or refuses to comply within 30 days after receiving written notice of the vbletion of recommended cure. 11.Sublsass. Lessee may not assign this lease to arxrther. Lessee may not sublet the sliplspace herein to another without the written consent of the Marina Superintendent as to some maximum duration, and the payment, in advance, by the sub-Lessee, of an amount equal to the sum il all rental payments for the apecMied maximum duration of the sublease. Said amount shall be applied ~ a credit to the arxount of the Lessee. Sub- lessee shall be bound by all the terms of the Lessee's Contract except as spedflcally modified by the sublease agreement. A written sublease agreemem must be executed >n order to create a sublease. The City may, upon approval of the Lessee, provide aSub-Lessee, An approved sublease shall in no way divest, prelude, or prejudice Lessee's rights and claims under the terms of this lease. 12. TransiaM Crag. In order for the City to be cognizant of the availability of slips for transient craft use, Lessee shall notify the Marine Superintendent when Lessees expects to have his craft out of hla slip/spaw for more than five (5) consecutive days. However, failure to glue the notificatbn shall not ~nstttute a default under this Contract. A transient craft owner or operator shell not be considered a sublease unbss the requirements of paragraph 11 are met. 13. In The Everrt of Hurricane Threat, Lessee will make pre-arangements to remove or have removed his craft from the City Marina in the evert there is a threat from hurrcane, and agrees to comply with the huricane procedures that the Cfty Marine Superintendent prescribes. 14. Notlce. Any notice to Lessee under this Agreement shalt be complete upon placing it in the mail to either address given above, or to an amended address submitted by Lessee in writing. 1B. NO LIVEl1BOARDB. 18. IraunstCS. Lessee agrees to maintain insurance as required by Exhibit A-1, City of Corpus Christi Risk Management Deparbntent, naming Cky as additional insured. 17. Yt1CHi1RIG Cl~i'IiER COIIS1iHJC'nON 8 OPBiAI'ION. Lessee agrees to perform rronstruction and operations inaccordarrw wNh attached ExhibR A. 18. Pub~tiotr. Lessee agrees to pay cxrsts of publication as required by City Charter. EXECUTED this day of , 2008 .EO•DIR\LIea1200tt Marina\Yacht.Center.Madne.Spaoa.Rentel.COntract t6 year October? 20Da.dbC -46- Page 4 of 14 CITY OF CORPUS CHRISTI, TEXA8 ATTEST: Armando Chapa, City Secretary APPROVED AS TO LEGAL FORM usa Aguuar Assistant Cfty Attorney for City Attorney CITY OF CORPUS CHRISTI City Manager LESSEE Ya ling Canter of Co ~uws.Chri~, LL'C~ Signature: AY//} ~ ~_,~-~ Name: ~C,/~ f~Q.I-Yi Sc»~ ~J12 . Tllle: /~`lC..,t v fin ~ /I~s'~r,r ~.s~~ Date: ~ S' r'"d~ _EG•DIR1LIea12008 MarinalYaeht.Cenler.Medna.Space.RenfaLCOntract 76 year October? 2DOa,doc -47- Page 5 of 14 CITY OF CORPUS CHRISTI, TEXAS CRY MARINA RULES AND REGULATIONS 1. PENALTY FOR VIOLATK)N -The rules and regulations contained herein are the policies and ordinances of the Corpus Christi City Marina. Violadon of any of these provisions carries a floe not to exceed Two Hundred ($200.00) Dollars, plus possible toes of space privileges. Upon the refusal to comply with a lawful order of the Marina Superintendent and/or his staff, the Superintendent may revoke the rental of space for the watercraft and order its Immediate removal. Should the owner, master or operator or any person refuse the order, the watercraft may be removed by the Marina Superintendent. 2. USE OF UTiLIT1E3 - Faccaasaive and/or negligent use of electricity or tap water, as determined by the Marina Staff, will cause metering of the utiltty and the space tenant shall pay en additional txst for the use, as well as the cost for the metering device. 3. CRAFT PROPERTY TIED - All craft shall be berthed wtth proper care and be secured to Its moorages with good Tine and shall be maintained at all times with respect to safety said appearance. 4. NO BATHING, SWIMMING - Entering the waters of the City Marina for the purpose of bathing, swimming or wading is prohit>ned due to the danger of moving watercraft. 5. NO TRASH OVERBOARD -Trash, refuse or waste of any kind, including the overboard flushing of heads or holding tanks is not permitted Inside the rock breakwater of the Ctty Marina. 6. SPEED UMR - No parson shell operate a craft greater than 4 mph within 200 feet of the L-Head or T- Heads. Speed of moving craft inside the City Marina shall be held down to a limit which will leave no wave action from their craft. Craft operators are liable for the damage causal by wave action from their craft. No speedboat contests are permitted within the water areas protected by the Ctty Marina rock breakwater. 7. CATWALKS, BULKHEADS KEPT FREE OF MATERIALS -Materiels, trash and/or equipment left upon the docks, catwalks and bulkheads will be removed, without note, by the Marina Staff. These areas must be kept clean and clear at ell times. 8. NO LAND DWELLING - No person shall be permitted to use the land areas of the L-Head and T-Heads as a dwelling place for any length of time, whether the person be in a vehicle, tent, improvised shelter, or without shelter. An ovemipht stay shall constitute using the land area as a dwelling place. 9. NO WATER DWELLING - No watercraft whatsoever which ~ being used by the person or persons aboard as a dwelling place shall be permitted to moor, tie-up err anchor within the protected waters of the City Marina, exr~pt regular space tenants and registered transient craft shall be permitted to stay aboard their craft for Nve (5) consecutive days only, provided their craft is equipped with a holding tank or the shore restrooms are used, and provided a permit is dbtained from the Marina Supervisor. 10. NO BOAT REPAIR ATSPACES - No owner, master, operator or his agent, of a watercraft is permitted to make major hull and/or superstructure repairs while berthed at the space without written permission from the Marina Superintendent who has authority to orderthe termination of the work. t 1. NO PARKING OF TRAILERS AND VEHICLES - No person shall leave or cause to be left any trash, rnatatisi, object, vehicle, trailer or equipment upon the land areas of the L-Head and T-Heads without prior written approval of the Marina Superintendent. 12. NO SIGIN: AND ADS - No signs and/or advertisements of whatsoever kind shall be permitted wkhin the City Marina including all land and water areas, without prior written approval of the Marina SuperirrtendeM. 13. NO FISH NETS AND TROTLINES - it shall be unlawful to seine for marine life, drag a net; set out a trotline or sell Ilne, In any of the water erase of the Cfty Marina bound by the rock breakwater. 14. NO TRESPASSING - No person is to ba upon any craft, its dock and bulkheads except the apace lessee, their guests or agents or persons in the employ of the Ctty for business therein. 15. NO FUELING ATSPACES -The fueling of inboard tanks on watercraft are hereby prohibited in every place of the City Marina except at the fuel station docks, or at other alternate fueling sites as designated by the Marina Superintendent. .EO•DIRU.IaetZ00B Marlna~Yacht.Center.Marlna.Space.Rentel.Contract 16 year October ] 2008.doo -48- Page 6 of 14 18. ASSIGNMENT OF SPACES -Upon first arrival, the craft owner or operator must report in to the Marina Office to be assigned a space: 17, SPACE ASSIGNED TO SPECIFIC CRAFT -Space is assigned to a specific craft and a specific owner. Any change of the owner's crag requires immediate noflficetion of the office of the Marina Superintendent. 18. LWIIT TO NUMBER OF SPACES RENTED - No more than five (5) spaces shall be rented at a time, by any person, firm, organization or corporation without special agreement In wrfting by the Marina Superintendent, the City Manager or City Council. 19. DAMAGE TO MARINA FACILRY -The owner or owners of any watercraft, whether operated by him or his pilot, shall be responsible for the damage his crag may cause to the Marina space fixtures. 20. CRAFT DETERIORATING IN SPACE -Any craft which becomes so badly deterloreted as to be likely to damage any other objects or vessels, or which might become a menace to navigaton, shall be removed at once by the craft owner at his sole expense, or shall be removed by the Marina Superintendent at the craft owner's expanse. 21. CRAFT REGULATION EQUIPPED - Craft in the City Marina shall be equipped according to the U. S. Coast Guard regulations and aperaied according to the "Rules of the Road" and the navigation laws of the Unfted States. 22. BILGEWATER, OILS AND INFLAMMABLES - It is unlawful for any person to discharge or permit the discharge of any oily bilge water, oil or inflammable liquids of whatsoever kind in the waters of the Ciry Marina. 23. GEARBOXES -Gearboxes may be rented from the City Marina or the apace tenant may provide his own at his assigned space, provided the design specifications are the same as provided by the Marina Superintendent. 24. PARKING - All parking areas, Including parking lots and curb parking, are for the use of the general public while indulging in recreational activities. The parking areas are under the control of the City Marina supervisory staff. No owner, master, operator or any person in charge of any wateroreft shall direct, order or request any other person to refrain from parking any vehicle in any of the designated parking places of the Marina L-Head and T-Heads. 25. NOTIFICATION OF HAZARDOUS CONDITIONS -Tenants shall notify the Marina Superintendent, in writing, of any conditbns, defects, or failing of the tenant's sliplspace, docks or other property that may become hazardous and/or require repair or maintenance. Tenants shall also notify the Marina office of any vandalism, theft, or other pending or committed crime in the Marina area. SPECIAL REGULATION8 FOR CHARTER BOATS 1. CHARTER BOAT - A charter boat shall be defined as any craft which is for temporary charter, rent or hire, and Is commonly referred to as: Hsad boat, party boat, party fishing boat, tour boat, sightseeing boat, excursion boat or charter fishing boat. 2. IN ADDITION to the rules and regulations provided herein, a charter boat owner, master or operator shall comply with each of the fokowing special regulations: A) Purohase his own elecb~ic meter and pay for all the electrical use. B) All stgns, awnings and ticket booths shall conform to the City Ordinances specifically written for their control or they shall be removed, without notice, by the Marna Supervisory Staff. C) Sollcitatbn of passengers shall be confined to the rented space and no person shall attract passengers by means of arm waving or excessive noise, including music. .EO•DIR\Lisa@000 Matlna\Yacht.CentecMaMe.Space.ReMeLContmct 15 year October 7 2009.tloc -49- r t ~~~ ~z ~~ ~+ ~~~~~ ~ J ~ N suo~~txw -50- D n ~_ Z n m z m 0 O C n 2 ~_ Page 8 of 14 EXHIBIT 2 Schedule of Marina Fees and Chartres (EffectNe Au{luat 1, 2007; Adjusted Monthty Utility Recovery Fse Et'hctivs October 1, 2008) Monthly 31ip Rental: Pleasure Craft on Piers A, B, C, D, E, F, G, H, L & LST$5.25/Linear Foot {LF) Pleasure Craft on Pier R $4.20/LF Pleasure Craft on Pier M 6 MORE $4.00/LF Commercial Craft $8.85/LF Late Fee, Monthly $50.00 Monthly Utility Recovery Fee: (Includes garbage pidrup 7 dayeAvsek and utllhy maintenenoe.) pkaeura Commeroiel Craft <= 20' LOA $7.75 $14.95 Craft>20'but<=30'LOA $14.35 $20.40 Craft >30' but <=40' LOA $27.35 $31.20 Craft >40' but <=70' LOA $49.45 $52.10 Craft >70' but <=100' LOA $87.80 $78.45 Craft>100' $80.85 $108.75 Monthly Gear Box Rental: $S.oolSmail; $B.OO1Large Live Aboard Rental: up ro two oxupanm $75.00/Month Per addklonat oxupam over two $25.00/Month (Plus slip rontal Tees, monthly utiay recovery teas, dock box rasa and all metered electrical use.) Monthly Dry Stack Boat Rack: Lower Level Berth $18.00 Other Berth $14.00 Monthly Dry Hard Stand Storage: $87.80 Rates for Transient Craft (Advance Payment Required): Commercial Craft $1.OD/LF or $30.OOIPIight` Pleasure Craft (120 Days or Less) - Ovemight $0.90/LF or $27.00• - Weeky`" $4.20/LF or $126.00" -Monthly"" $8.40/LF or $252.00` Trailer/Dry Boat Storage - Ovemight $7.00 -Weekly"" $35.00 - Monthly"" $105.00 Utility Recovery Fee: Duai 30, Dual (Includes water, electricity end garbage): 30 Amo 50 Amo 50 Amb 50!100 Amn - Overnight $3.45 $6.90 $10.00 $12.50 .EO-DIRLLISe12008 Merinettacht.Center.Manna.Spece.Rentel.COrdract 76 year October 7 200e.doc -51- Page 9 of 14 -Per Week"" $16.10 $16.10 $18.00 $20.50 - Per Month""` $68.00 $89.00 $75.00 $85.00 - Usage Over Minimum, $0.14/KWH Other Fees: Unauthorized Crak: $50.00/Night hnpound: $100.00 AAaNna Area Rental: $0.01/SF/Day Sailing School Class (Per Student; Includes Book): $70.00 Sailing School Book: $15.00 Slip Wafting List(Non-Refundable): $25.00 'Whichever Is greater, plus utglty recovery tee. "Weekly Is deflnad as seven consecutiue nights; mouthy Ia daftnatl as thirty consecutive night. Schedule of Marina fees and Charges (Effective August 1, 2000 (Conftnwd) BOAT HAULOUT FACILITY -ACTIVITY FEES Emergency Services (Minimum One Hour): Material Cost Plus 20% Surcharge Pump Out Equipment with Equipment Operator $100.00/Hour'"" Marina Ve88e1(Txro person team; nonemergancy) $200.00/HouP""' Other Services (Minimum One Hour): Materials Costs Plus 20% Surcharge Labor Fee, On Land $50.00/Hour"'"' MaNna Vessel (Two person team; non-emeryency) $75Af1tllour""'" BOat Hato OUt FBCility: (Note: Travel Lift Limkad to Maximum 1b Ton Capacity) Haul Out/Hold In Slings/Launch (Maximum ogre Hour) $150.00 Haul & Block (AAeximum Ong Hour) $150.00 Launch (Per Liru Maximum One Hour) $t50.00 AddRional Hour(s) $50.00/Hour Contractors Adminishative Fae ansurence Repaired): Annual Fee .$200.00 Contractor Fee, Per Job $ 75.00 Pro Rata of Annual Fae {02/01-07!31) $100.00 Master Key Deposit (Refundable) $150.00 Haulout Work Area Faes pnaudesspaceana utohiea): Requires General Public Liability Insurance naming the Clry Additional Insured. .EG-DIR\Llaa\2009 Marina\Yacht.Cemar.MeNla.Spece.Rentel.Conlract 16 year Oorober 7 2008.tloc -52- Page 10 of 14 Tenant Vessel $5.00/Day (01-10) Tenant Vessel $15.OOroay (11-30)"' Non-Tenant Vessel $15.00/Day (D-30)"" Monthly Area Fees: Mast Storage (Limkad to service padad for boat) $1 o.ooroay (a3o>'"" Boater Facility Meeting Room: Requhes special Evert Psrmk. Rental, Three Hour Minimum $100.00/HOUr Mirador Rental: (Regmrea Permit) Rental, Three Hour Maximum $30.00 Other Fees: Portable Pump Otrt Serv)ce: (One Hour Minimum) $25.OO/Hour Regattaf3peCiai Event Rates (RegWres Speckd Evart Permk or advance rlo0ce, m writklg, from sponeodng yacht Gub. CIryJAA~ine must 6e adverkaed as event sponsor as per special Event Permit RegeMbss of LIM.): In-water: 3-zo Participant vessels Plus Trailer storage Fees end Applicable Uifllry Recovery Fee/Overages $15.00/NightNea6el In-Water: 21+ Participant Vessels (Three Dey EveMTerm) Plus treibr storega tees. Inclusive of appkoable ukkly recovery tee. Plus chargac for elecldcel use excaeding the included uklky ncovery fee. $15.OON@sael/Event Support Vessels, (Plus Utility Recovery Fee/Overage Charges} $15.00/Night On-Land Per Tagged VessellTrailer $5/Trailer or VesaeyEvent Established by Marina Storage Area $0.01/SFIDay '"'Rate Increases t+101day upon each thirty (30) day increment. ""Tenants allowed oral pump out or two service per caMndar year (up to $300.00 maxhnum) at no charge. .EG•DIR0.18e1Y006 MednelYachl.CenlecMedna.Space.RentatConlrect 15 year Octatrer 7 2008.doc -53- Page 11 of 14 EXHIBIT A YACHTING CENTER CONSTRUCTION 8 OPERATION. The conceptual plans for the Yachting Center are attached as Ex ' i B. The following additional provisions govern construction and operation. (1) Construction for the dockage and mooring shall not begin unfit the plans and specifications have been submitted to and reviewed and approved by the City Marina Superintendent and City Engineering Services Dept., and Lessee, at Lessee's expense, has obtained all required permits from City Development Services Dept. and any other entities having jurisdiction, and Lessee and Lessee's consWCtion contractor have obtained all insurence as required by City Director of Risk Management, and Lessee has obtained all performance end payment bonds as required by the City Attorney. A copy of the insurance requirements for the censtrudion period are attached as an Exhibit, Upon completion of construction, ail improvements are donated to City; however during the term of this lease, Lessee is responsible for all maintenance and repair to improvemerrts constructed by Lessee. (2) All improvemenffi constructed by Lessee or Lessee's contreetore on City property, Induding, but not IlmRed to, the boat slips, pilings, boardwalk decking, etc., and all operations of Lessee must compty with ail applicable City Codes and ordinances and all applicable Federal and State statutes and regulations. (3) Lessee shall use the 15 boat slips located at the Peoples Street T-head stem from slip number 70 eastward terminating at the west bulkhead for a floating barge for the operation of a yachting center, sailing sdwol, charter boats, boat brokerage, gift and sundries shop, room rentals, and related activities, and for no other purpose unless approved in advance in writlng by the Marina Superintendent. Lessee also may sell food that requires minimal on-site preparation and non-alcoholic beverages to the public. (4) Lessee at Lessee's expense shall install pilings to accommodate and secure the Floating Berge. (5) Lessee at Lessee's expense shall replace the damaged pilings along the Boardwalk commercial slips as necessary to accommodate the fishing vessels westward of the sailing school. The pilings are located along the north side of the boardwalk, as identKied by the Marina Superintendent (8) Lessee at Lessee's expense may replace the Boardwalk decking in the front of the Floating Barge as per request of Marina Superintendent. (7) Lessee at Lessee's expense shall construct improvemenffi to the sewage and electrical service serving the Yachting Center to comply with requirements of City Codes. (8) During the Texas International Boat Show or other City-approved events,_ the Barge and sailing school and charter boats will move OR the barge office f school will be used for Boat Show office during Boat show period. (g) Ali signage must be in compliance with City Codes (1 ~) Lessee shall be responsible for all maintenance of improvements constructed for the benefd of the Yachting Center, including maintenance of improvements to provide electrical and sanitary sewage to the Yachting Center. Lessee shall maintain docks associated with slips rented under this Contract. (11) Lessee pays for all utilities. (12) Lessee shall have the non-exclusive use of the boardwalks and decks adjacent to the slips leased. (13- Lessee shall provide trash cans in number and locatton as Marina Superintendent. Lessee is responsible to keep area clean end remove trash daily which accumulates in the Lessee's area. Lessee shall not obtain separate dumpster without approval of Marina Superintendent. :LLEO•DIR1Liae1200b MarinalYecht.Canter.Marlna.Space.Rental.COntrect 7b year October 72008.doc -54- Page 12 of 14 INSURANCE REQUIREMENTS -Exhibit A-1 YACHTING CENTER OF CORPUS CHRISTI. LLC'S LIABILITY INSURANCE A. Yachting Center of Corpus Chrieri, 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 Chrlari, LLC must famish to the Cily's Risk Manager or designee, two (2) copies of Certificates of Insurance, showing the following minimum overage by an Insurance company(s) acxeptable to the City's Risk Manager. The City moat be named as an addRional Insured for the Generel Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MWIMUIYI INSURANCE COVERAGE 80tlay written notice of cancellation, meterlal change, Bodily Injury and Property Damage non-renewal or termination Is requirod on all cartlficates Per oxurrence !aggregate limit Ocean Marine Coverage $1,800,000 per occurrence form 1. Marine Owners Liability coverage $250,000 Damage to Premises rented to you 2. Premises L'~ability -Broad Form General Liability $5,000 Medical Payments 3. Products/ Completed Opererions 4. Contractual Liability 5. Personal Injury ~ Advertising Injury B. Fire Legal Liability Commercial Property Lessee is responsible for their own insurable interests in their property Legal Liability coverage to include value of leased area $250,OOD Ordinance or Law Coverage Time Element-Leasehold Interest Inland Marine / BuBdere Risk in amount of value of the floating barge Protection & Irtdrorrnity (P & I) $1,000,000 (W!»n algrllpitle} ImproMerrarrts and.Bettermerrts (as per Exhibit A) Environmental Impairment Liability -Broad form pollution $1,000,000 liability coverage Business Auto Liability to include Hired and Non-owned $1,000,000 Auto Liability .EO-DIR1LI9912009 Marina\Yacht.Cenlaz.Merina.Space.Rental.COntrecl l8 year October 7 2008.tloc -55- Page 13 of 14 Employers Liability $500,000 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. Section 1.01 ll. ADDITIONAL REQUIREMENTS A. If applicable, es stated in Section 1-B, Table, Yachting Center of Corpus Christi, LLC must obtain the applktabb workers' compensation coverage or maritime exposure protection for its employees through a licensed insurance canpany 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' wmpensation 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 rtght to maintain reasonable deducdbies in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of th{s Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an oxurrence basis, by companies authorized and admitted to do business in the State of Texas and whh an A.M. Best's rating of no lees than A- (VII). C. The Ctty 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, reviabn, 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 policiea).Lessee shall be required to comply with any such requests and shelf submit a copy of the replacement certificate of insurence to Ctty at the address provided below wtthin 10 days of the requested change. Lessee shall pay any costs incurred resuRing from said changes. All notices under this Article shall be given to City at the following address: Cky of Corpus Chrisfi AtM: Risk Management P.O. Box 9277 Corpus Christi, TX 78489-9277 (351) 828-4555- Fax # D. Lessee agrees that with respect to the above required insurence, all insurance poliaes.are to contain or be endorsed to contain the following required provisions: • Name the GNy and Its o(firsars, otttc~ls, empbyees, volunteere, and etetded representatives as additlonal hrsared by endoreernent, as respects operations and activities of, or on behalf of, the named insured peAonrred under cantrect with the City, on the Ocean Marine Coverage and Business Auto L.~biYty . • Provide far 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' compensaton and employers' liability policies will provide a waiver of subrogation in favor of the City; and .EG•OIR\LIae12008 Merlna\Yacht.CentecMadna.Space.RenteLConlract 16 year OCtober7 2008.dx -56- Page 14 of 14 • Provide thirty (30) calendar days advance written notice directly fo Clty 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 flue (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endoreemerds 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 (allure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the CRy shall have the right to order Lessee to atop work hereunder, andJor withhold any payment(s) which become due to Lessee herounder urdll Lessee demoratretes rbmpRence with the requirements hereof. G. Nothing herein cordained shell be construed as Smiting in any way the extent to which Successful Bidder may be held responsible for payments of damages to persons or property reaufting from Lessee's or its subcontractors' performance of the work covered under ihle agreement. H. It is. agreed that Lessee's Insurance shall be deemed primary and non-contributory wltFi respect to any insurance or self insurance carried by the Cfty of Corpus Christi for liability arising out of operations under this contract. I. It is underetood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. NOTE: The limits and type d covereges are subject to adjustment B upon review of permtt application, It is determined hurt the activity under this permit requires Increased levels and types of coverages. 2008 Yachting Center CC, LLC. ins. req. 8-29-OB ep Risk Mgmt .EG•OIR\LIea12005 MarlnatYacht.Center.Manna.Space.Renlel.COntrect 75 year October 7 20a5.tloc -57- ;~r e ,.: „~, N. ~C` D . v 4`' ~` C7 _ , ~_- ~~ -I ` , . .. ' t ~ , n m ~ °. Z s_, ~ ' -~ ~ m ~ ~ :~. O .p~'~ {~ ~ .~R ~~ '~S ~i r C ' §' ~ '~ ~ 1 ~ v.~ -'v.. ~: ~ /A s ','s ' ~ . i .~ ~ ' . , lF t ,~ ,~~ m k' ~~ y r j~~n~~ l,Y ~}. ~ ~ ,.. x Z ~ ~ ;,~ '~~ ~ ti ~ ~ ~ ' -t '< ~. -58- D n S ~ _~ a Z ` C7 m z m °, n O 70 C n 2 k r ~ 4 a v A cA h 1 ~~~~ ~t~8i~z= ~3 ~ ~ ?~~_~~ ~~~~~ s ~ ~ ~< -59- T cT' t W D t7 2 n m z m ~o °, n O -v c n ~~~~~~m t~8i~ ~c ~ 9 ~~~~ ~ ~ ~ ~< -so- ~l iJ 4 cmr couNCiL AGENDA MEMORANDUM City Council Action Date: October 21.2008 AGENDA ITEM: An ordihance amending the code of ordinances, City of Corpus Christi, Chapter 2, to establish the Senior Companion Program Advisory Committee; providing for severance; and providing for publication. ISSUE: To establish the Senior Companion Program Advisory Committee. This committee will advise the City Council on the Senior Companion Program. REQUIRED COUNCIL ACTION: Action is required by Council to amend the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Senior Companion Program Advisory Committee. PREVIOUS COUNCIL AG~fiION: On July 22, 2008 Council approved a resolution and ordinance for the City Manager or his designee to accept a $270,943 grant awarded by the Corporation for National and Community Services for the Senior Companion Program (SCP). FUNDING: There are no funds to establish the Senior Companion Program Advisory Committee. CONCLUSION AND RECOMMENDATION: Staff recommends the amendment approval to the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Senior Companion Program Advisory Committee. Sal y G i ,Director Parks and ecreation Department Attachments: Background Information ^x -63- BACKGROUND INFORMATION Upon the support and recommendation of the Corporation for National and Community Service (CNS), the City of Corpus Christi has worked with Parks and Recreation Staff, the Leadership Council on Senior Services and with the City's Legal Department in creating the Senior Companion Program (SCP) Advisory Committee. The committee shall consist of seven (7) members: five at-large representatives; one current SCP Volunteer and one current SCP Volunteer workstation. These members must express an interest in the issues of older adults and have knowledge of their capabilities of older adults. In addition, the staff liaison for the committee will be the SCP Program Coordinator or designated representative and the secretary will be the SCP Community Services Officer or designated representative. This committee shall act as an advisor to the City Council, City Manager and Parks and Recreation Department staff regarding the SCP Program. Some of the duties and responsibilities of the committee are as follows: advise on SCP volunteer recruitment strategies, provide support in recruitment of volunteers and volunteer stations for the SCP Program, serve as community advocates and liaisons for the SCP Program, assist in development ofnon-federal resources to include fundraising forthe SCP Program, advise on programming for impact, aiivise on how to measure trends and impact of trends in the community regarding the SCp Program, assist with the development and implementation of program evaluations and surveys, conduct an annual assessment of the program by surveying program volunteers, bi-annually assess project accomplishments and impact, and attend special events and activities related to the SCP Program. SCP assists low-income volunteers 60 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 21 years of age or older. The Companions assist homebound individuals with daily living tasks, such as light meal preparation, grocery shopping and minor housekeeping chores. They also provide critical respite care service for hospice support to family caregivers. Their assistance allows homebound clients to remain in their homes, delaying institutionalization while maintaining their independence and dignity. Companion benefits include a stipend of $2.65 an hour, a $1.50 meal reimbursement and either mileage reimbursement or bus tokens. In FY 2007-2008, there were 62 companions enrolled in the program. These volunteers contributed 46,651 hours of service in our community -64- AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, TO ESTABLISH THE SENIOR COMPANION PROGRAM ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, is amended to add new Division to read as follows: "DIVISION 26. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Sec. 2-270. Created; puraose. There is hereby created the Senior Companion Program Advisory Committee. The purpose of the committee is to advise the City Council on the Senior Companion Proqram. Sec.2-271. Duties. The committee shall act as an advisor to the Citv Council and City Manager and Parks Department Staff regarding Senior Companion Proqram including but not limited to the following activities; "(a) Advise on Senior Companion recruitment strategies; H:\LEG-DIR\Lisa\2008 ORDINAIJCES~Senior Companion Program October 9 2008 ORDINANCE.DOC z fb) Provide support in recruitment of volunteers and volunteer stations for the Senior Companion Program: (c) Serve as community advocates and liaisons for the Senior Companion Program; (d) Assist in development of non-federal resources to include fundraising for the Senior Companion Program; (e) Advise on programming for impact; jf) Advise on how to measure trends and impact of trends in the community regarding Senior Companion Program; (q) Assist with development and implementation of program evaluations and survevs• (h) Conduct an annual assessment of the program by surveying program volunteers; (i) Bi-annually assess Senior Companion project accomplishments and impact; and (i) Attend special events and activities related to Senior Companion Program. Sec. 2-272. Membership: terms: filling vacancies. (a) The committee shall consist of seven (7) members. All members must express an interest in the issues of older adults and have knowledge of the capabilities of older adults One member shall be a current Senior Companion Program ("SCP") Volunteer, and one member shall represent the SCP Volunteer Station. To serve as the SCP Volunteer representative the member must be an active SCP volunteer for at least one H:~I,EG-DIR~Lisa~2008 ORDMANCFSVSenior Companion Progratro0arober 9 2008 ORDMANCE.DOC year and currently serve a minimum of fifteen (15) hours per week. To serve as the SCP Volunteer Workstation representative the member must be an executive director or similar leadership position at a current SCP Volunteer Station for the Citv of Corpus Christi. Sb)Of the initial members four (4) members shall serve atwo-year term and three (3) members shall serve aone-year term as determined by a drawing to be conducted at the initial committee meeting Thereafter all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. (c) In the event a vacancy occurs durina any term the Citv Council appointment of a new member shall be to fill the unexpired term. Sec 2-273 Quorum• officers: staff liaison; meetin4s: subcommittees. (a) The maiority of members shall constitute a quorum provided that the maiority vote of such quorum shall be necessary for the adoption or approval of any matters before the committee. (b) At the first meeting after creation of the committee a maiority of the whole committee shall elect a chairperson and vice-chairperson to serve during the initial one- year term Thereafter the chairperson and vice-chairperson shall be elected by a maiority of the whole committee to serve one-year terms. Following the initial election, subsequent elections for chairperson and vice-chairperson shall be held each year at the first regular meeting after appointments to fill expiring terms H:\LEG-DIR\C.isa\2008 ORDINANCES\Senior Companion Prograut~6er 9 2008 ORDMANCE.DOC 4 (c) The SCP Program Manager or designated representative shall serve as the staff liaison and the Community Service Officer or designated representative shall serve as the secretary of the committee and shall send all notices for meetings keep and preserve the minutes advise and consult with city officials as to the committee's work and recommendations assist the committee and its subcommittees in planning and coordinating its efforts and perform such other duties as may be of assistance to the committee. (dl The committee shall meet at least once each month and shall meet on the call of the chairperson or of a majority of its members. (e) The chair of the committee with the approval of the committee may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties Members of such subcommittees shall be appointed only from among members of the committee. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be 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 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:U-EG-DIRU.isa~2008 ORDRJANCES~Senior Companion Prograt~(~tober 9 2008 ORDIIJANCE.DOC That the foregoing ordinan~re was read or t e fi st time and passed to its second reading on this the D-day of , 2008, by the follo~wi~n~g vote: Henry Garrett Priscilla G. Leal 1~~____ Melody Cooper John E. Marez ~9 _/~~ Larry Elizondo, Sr. Nelda Martinez S~y~l Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED, this the John E. Marez Nelda Martinez Michael McCutchon day of ATTEST: Armando Chapa City Secretary 2008. Henry Garrett Mayor APPROVED as to form: October 10, 2008 :~ ~k By: Lisa Aguilar Assistant City Attorney For City Attorney -69- 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 21.2008 AGENDA ITEM: An ordinance amending the code of ordinances, City of Corpus Christi, Chapter 2, to establish the Retired and Senior Volunteer Program Advisory Committee; providing for severance; and providing for publication. ISSUE: To establish the Retired and Senior Volunteer Advisory Committee. This committee will advise the City Council on the Retired and Senior Volunteer Program. REQUIRED COUNCIL ACTION: Action is required by Council to amend the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Retired and Senior Volunteer Program Advisory Committee. PREVIOUS COUNCIL ACTION: On July 22, 2008 Council approved a resolution and ordinance for the City Manager or his designee to accept a $55,139 grant awarded by the Corporation for National and Community Services for the Retired and Senior Volunteer Program (RSVP). FUNDING: There are no funds to establish the Retired and Senior Volunteer Program Advisory Committee. CONCLUSION AND RECOMMENDATION: Staff recommends the amendment approval to the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Retired and Senior Volunteer Program Advisory Committee. Sally G lik, Director Parks a d Recreation Department Attachments: Background Information ^D -73- BACKGROUND INFORMATION Upon the support and recommendation of the Corporation for National and Community Service (CNS), the City of Corpus Christi has worked with Parks and Recreation Staff, the Leadership Council on Senior Services and with the City's Legal Department in creating the Retired and Senior Volunteer Program (RSVP) Advisory Committee. The proposed RSVP Advisory Committee will be made up of seven (7) members: five at- large representatives; one current RSVP Volunteer and one current RSVP Volunteer workstation. Committee members must express an interest in the issues of older adults and have knowledge of their capabilities of older adults. In addition, the staff liaison forthe committee will be the RSVP Program Coordinator or designated representative and the secretary will be the RSVP Community Services Officer or designated representative. This committee shall act as an advisor to the City Council, City Manager and Parks and Recreation Department staff regarding the Retired and Senior Volunteer (RSVP) Program. Some of the duties and responsibilities of the committee are as follows: advise on volunteer recruitment strategies, provide support in recruftment of volunteers and volunteer stations for the RSVP Program, serve as community advocates and liaisons for the RSVP Program, assist in development of non-federal resources to include fundraising for the RSVP Program, advise on programming for impact, advise on how to measure trends and impact of trends in the community regarding the RSVP Program, assist with the development and implementation of program evaluations and surveys, conduct an annual assessment of the program by surveying program volunteers, bi-annually assess project accomplishments and impact, and attend special events and activities related to the RSVP Program. RSVP has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the last grant period 824 enrolled volunteers contributed 130,432 hours during the 2007-2008 fiscal year through 54 different non-profit organizations like the Corpus Christi Literacy Council, KEDTV, South Texas Botanical Gardens, American Red Cross, CC Lions Eyeglass Recycle Center and-other community based organizations like Driscoll Children's Hospital, Christus Spohn Hospitals, USS Lexington and Alameda Oaks Nursing Center. RSVP dedicated 49,821.5 hours of service to various City departments including the Police Department, Neighbofiood Services, Airport, Museum, and Parks and Recreation. -74- AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, TO ESTABLISH THE RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 2, Administration ,Article IV, Miscellaneous Boards, Commissions and Committees, is amended to add new Division to read as follows: "DIVISION 28. RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE Sec. 2-276. Created: purpose. There is hereby created the Retired and Senior Volunteer Program Advisory Committee. The purpose of the committee is to advise the City Council on the Retired Senior Volunteer Program. Sec.2-277. Duties. The committee shall act as an advisor to the City Council and Citv Manager and Parks Department Staff regarding Retired and Senior Volunteer ("RSVP") Program including but not limited to the following activities; "(a) Advise on volunteer recruitment strategies; H:\LEG-DIR\Lisat2008 ORDINANCESUtetired Senior Volunteer Pln$r~Dctober 9 ORDRJANCE.DOC 2 (b) Provide support in recruitment of volunteers and volunteer stations for the Retired And Senior Volunteer Program; (c) Serve as community advocates and liaisons for the Retired and Senior Volunteer Program; (d) Assist in development of non-federal resources to include fundraising for the Retired and Senior Volunteer Program; (e) Advise on programming for impact; (f) Advise on how to measure trends and impact of trends in the community regarding Retired and Senior Volunteer Program; (g) Assist with development and implementation of program evaluations and survevs~ (h) Conduct an annual assessment of the program by surveying program volunteers (i) Bi-annually assess project accomplishments and impact and (i) Attend special events and activities related to Retired and Senior Volunteer Program. Sec 2-278 Mermbersfiia' teams' fiNimg vacancies; ex-officio members. (a) The committee shall consist of seven (7) members All members must express an interest in the issues of older adults and have knowledge of the capabilities of older adults One member shall be a current RSVP Volunteer, and one_member shall represent the RSVP Volunteer Station. H:\LEG-DIR\Lise\2008 ORDMANCES\Retired Senior Volunteei.P~~am October 9 ORDMANCE.DOC 3 To serve as the RSVP Volunteer representative, the member must be an active RSVP volunteer who volunteers at least one (1) hour per month at a registered RSVP Volunteer Station. To serve as the RSVP Volunteer Workstation representative, the member must be an executive. director or similar leadership position at anon-profit arc encv that operates a RSVP Volunteer Station for the Citv of Corpus Christi. (b) Of the initial members. four (4) members shall serve atwo-vear term and three 13) members shall serve gone-vear term, as determined by a drawing to be conducted at_the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. (c) In the event a vacancy occurs during any term, the Citv Council appointment of a new member shall be to fill the unexpired term. Sec. 2-279. Quorum: officers; staff liaison, meetings; subcommittees. La) The majority of members shall constitute a Quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the committee. (b) At the first meeting after creation of the committee. the committee shall elect a chairperson and vice-chairperson to serve during the initial one-vear term. Thereafter, the chairperson and vice-chairperson shall be elected to serve one-vear terms. (c) The RSVP Program Manager, or designated representative, shall serve as the staff liaison and the Community Service Officer or designated representative shall serve H:V.EG-DIR\Lisa@008 ORDINANCES\Re[ired Senior Volunteer Pro~~rOcmber 9 ORDINANCE.DOC 4 as the secretary of the committee and shall send all notices for meetings keep and presence the minutes advise and consult with city officials as to the committee's work and recommendations assist the committee and its subcommittees in planning and coordinating its efforts and perform such other duties as maybe of assistance to the committee. (d) The committee shall meet at least once each month and shall meet on the call of the chairperson or of a majority of its members. (e) The chair of the committee with the approval of the committee may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties. Members of such subcommittees shall be appointed only from among members of the committee. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be 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 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DIRWisa@008 ORDMANCESVtetired Senior VolunteecP~~ram October 9 ORDINANCE.DOC That the foregoing ordinance was read for he first time and passed to its second reading on this the ~~s=day of roc , 2008, by the followi g vote: Henry Garrett _ Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of 2008. ATTEST: Armando Chapa City Secretary Henry Garrett Mayor APPROVED as to form: October 10, 2008 By: ~..~. ~-~,I Lisa Aguilar Assistant City Attorney For City Attorney -79- City of us Stl -82-