HomeMy WebLinkAboutC2005-239 - 5/10/2005 - ApprovedPage 1 of 14
2005 AMENDED PIER LEASE
RENEWING, EXTENDING & SUPERSEDING
1995 PIER LEASE BETWEEN THE crrY OF CORPUS CHRISTI
AND
PADRE ISLAND YACHT CLUB
STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS, the City of Corpus Chdsti, a Texas home-rule municipal corporation,
("City") owns certain submerged and upland real estate adjacent to the Padre Island
Wastewater Treatment Plant ("Whitecap Plant"); and
WHEREAS, the Padre Island Yacht Club, a Texas nonprofit corporation, ("Club")
desires to lease certain property from City and to construct certain piers.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, City, acting by its duly authorized City Manager, or designee, ("City
Manager") and Club agree as follows:
1. Premises. City hereby leases to Club a 40 foot wide by 795 foot long portion
of submerged land adjacent to the Whitecap Plant, as described by metes and bounds
on the attached and incorporated Exhibit A; further, City hereby leases to Club an
adjacent strip of upland 100 feet wide by 795 long, as shown on Exhibit A, for a total
leased area of 2.55 acres, collectively called "Premises." Club recognizes that the
Whitecap Wastewater Treatment Plant treats wastewater and that there are certain
unavoidable odors associated with treating wastewater. City shall have no
responsibility to Club for air freshness.
2005-239
05/10/05
0rd026256 se&Us aAg ream gO31005DC.Pad relsI.YachLClub.2005 Exte nd.1995.P~er Lease.do~:
Padre lslar~d Yacht Club
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2. Term; Renew, Extend, & Supersede 1995 Lease. The pdmary term of the
1995 Lease was for ten (10) years, with an option to extend for ten (10) more years at
Club's request and City Manager's approval. The pdmary term of the 1995 Lease
began on October 22, 1995, which was the 61 s~ day after final City Council approval by
Ordinance No. 022331 adopted on August 22, 1995. This Amended Lease ("This
Lease") amends, renews, extends, and supersedes the 1995 Lease. The effective date
of This Lease shall be ,2005, which is the 61s~ day after
final City Council approval by Ordinance adopted on
2005. This Lease shall have a pdmary term of ten (10) years beginning on the effective
date of This Lease. Club shall have an option to extend This Lease for ten (10) more
years at Club's request and City Manager's approval. No eadier than two (2) years and
no later than three (3) years before the expiration of the pdmary term of This Lease,
Club shall, in wdting, tell City Manager whether or not Club requests City Manager to
extend This Lease for ten (10) more years.
3. Rental Payments. Club agrees to pay ten percent (10%) of all gross income or
$2000 annually, whichever is greater, from reoccurring monthly assessments and slip
rentals, in advance on or before the tenth (10~) of each month, beginning with the first
month after completion of the first phase of construction of the Improvements or within
24 months after the beginning date of the 1995 Lease, whichever is sooner.
Club shall keep records of the monthly dues and slip rent received. Club records of
monthly dues and rent received shall be open to City Manager's designated
representative dudng Club's business hours. These records shall be retained for five
(5) years after expiration or other termination of This Lease.
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4. Improvements. All facilities' design shall conform to City's Building Code, and
any and all limitations in this lease, and must have pdor wdtten approval by the Padre
Isles Property Owners Association Architectural Review Committee. Before start of
construction Club shall submit plans and specifications for fixed in place or floating
piers, and all necessary support structures for all piers that Club desires to construct
initially, to City Engineer, or his designee, ("City Engineer") for his written approval or
provide wdtten exceptions thereto, which exceptions shall be considered and the plans
and specifications resubmitted until wdtten approval is obtained from City Engineer.
Original construction shall be limited to slip construction, clubhouse, parking,
fencing, lighting, landscaping, and other directly related improvements that receive the
prior written approval of City Manager. The clubhouse and all buildings shall be built in
a manner so that relocation or removal time is minimized. The clubhouse is limited to
one residential type kitchen with related appliances, meeting space, office space,
restrooms, and storage. All facilities, including but not limited to piers, support
structures, slips, buildings, clubhouse, parking, fencing, lighting, landscaping, and any
other improvements, are collectively called the "Improvements."
No Improvement shall be installed unless the improvement and related plans and
specifications have been approved in advance by City Manager and City Engineer.
Each improvement shall be inspected dudng and after installation.
Club shall obtain all necessary permits and comply with all federal, state, and local
laws and regulations with respect to construction of and repairs to the Pier and
Improvements; provided, however, any application to the Corps of Engineers ("Corps"),
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whether made in the name of City or Club, shall be submitted to City for its approval
before submission to the Corps, which approval will not be unreasonably withheld, and
all related expenses shall be paid for by Club.
The Pier construction shall be commenced within 90 days after City and Club
approve the plans and specifications for said phase of construction. Plans and
specifications for repairs shall also be approved by City Engineer and begun within 90
days after wdtten approval. Each phase of construction shall be completed within 24
months after commencement of that phase of construction, subject to delays caused by
Acts of God, war, civil commotion, stdke, governmental regulations or control, or other
causes outside Club's control.
Once Club has obtained City Engineer's wdtten approval of the plans and
specifications, Club may either construct the Piers and other Improvements with the
labor and materials being supplied by Club members, or volunteers, or shall bid out
construction and materials. If any construction work is to be performed by or materials
to be supplied by other than Club members or volunteers, Club shall receive bids from
a minimum of three bidders before start of construction, not all bidders may be
members of Club. City's Director of Parks & Recreation ("Parks Director") shall
approve the successful bidder before start of construction. All successful bidders must
provide proof of insurance that meets City's requirements for similarly priced
construction projects. City must be named as Additional Insured.
6. Maintenance. Club shall perform all maintenance of the Premises including
replacement of pilings, piers, pier superstructures, catwalks, catwalk superstructures,
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litter pickup and removal, mowing, weeding, fence and lighting repair, parking lot repair,
and all other maintenance and Improvement maintenance that City Manager may
require, to City Manager's satisfaction, at a level no less than the standard of
maintenance by City. All other Improvements shall be maintained at the same level of
maintenance as the Whitecap Wastewater Treatment Plant buildings and grounds.
Club shall repair all damages to the Premises and Improvements caused by its
members or guests.
7. Renovation. Club shall perform normal renovations of the Improvements
including replacement of pilings, piers, pier superstructures, catwalks, and catwalk
superstructures, to City Manager's satisfaction, at a level no less than the standard of
odginal construction, reasonable wear and tear excepted. Before undertaking any
renovation, Club shall submit plans and specifications to City Engineer, who shall
provide written approval of the plans and specifications or provide wdtten exceptions
thereto. The exceptions shall be considered and the plans and specifications shall be
resubmitted until written approval is obtained from City Engineer.
All renovation must be undertaken in the same manner as odginal construction and
in accordance with the same terms and conditions.
8. Utilities. Club shall be responsible for extension of all utility services, including
meters, hook up, and payment of all service charges and monthly charges for utilities.
9. Control and Use. Club shall control the use and charges for the Premises.
However, as part of the consideration for This Lease, Club shall provide, free of charge,
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one slip for berth of a search and rescue vessel. Said search and rescue vessel shall
not be provided by Club, but by some governmental agency. All other slips shall be
used for berthing of individual pleasure craft belonging to or in the custody of Club
members or guests. No live-aboards will be permitted on the Premises.
10. Removal. Upon expiration of This Lease, and any extensions or renewals of This
Lease, Club shall remove all Improvements at its expense and return the Premises to
the same condition that existed before Club constructed any Improvements. However,
upon approval by City Engineer, Club may leave in place any bulkhead or erosion
control improvements constructed by Club.
11. Reverter. Upon expiration of This Lease, all dghts and possession of the
Premises, and any improvements thereto, shall revert to City. However, Club shall
remove all Improvements as set out in section 10 above.
12. Right to Enter. Dudng This Lease, City personnel shall have the dght to enter
the Premises at all reasonable times for the purposes of inspection, fire, police, and
other safety actions, and the enforcement of This Lease, or if access is needed for
operations at the Whitecap Plant. If City needs access across the Premises, Club
shall permit the access up to and including removal or relocation of Club Improvements.
13. Insurance. During the term of This Lease, Club shall maintain at its sole
expense, comprehensive general liability insurance, with City named as Additional
Insured. This insurance shall have either minimum limits of FIVE HUNDRED
THOUSAND DOLLARS ($500,000) bodily injury per person, ONE MILLION DOLLARS
($1,000,000) bodily injury per occurrence, and THREE HUNDRED THOUSAND
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DOLLARS ($300,000) property damage; or ONE MILLION DOLLARS ($1,000,000)
Combined Single Limit Coverage. Club shall require each tenant to carry the
appropriate Watercraft Liability Endorsement insurance. Parks Director shall be
furnished a certificate of insurance before the commencement of This Lease, and shall
receive annual renewal certificates for the insurance and any additional certificates for
all subsequent policies obtained pursuant to This Lease.
No insurance policies shall be canceled, not renewed, or materially changed without
thirty (30) days pdor wdtten notice to Parks Director. Club shall provide all insurance
policies to the City Attorney within ten (10) days of the City Manager's written request
therefor.
14. Indemnity. Club agrees to and shall indemnify and hold
harmless the City of Corpus Christi, its officers, employees, and
agents (Indemnitees) from and against any and all liability, damages,
loss, claims, demands, suits, and causes of action of any nature on
account of death, personal injuries, property loss or damage, or any
other kind of damage, including all expenses of litigation, court costs,
and attorneys' fees, which arise, or are claimed to arise, out of or in
connection with any activities by Club, its agents, employees,
officers, members, invitees, or independent contractors pursuant to
This Lease regardless of whether the injuries, death, or damages are
caused, or are claimed to be caused by the concurrent or contributing
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negligence of lndemnitees, but not by the sola negligence of
Indemnitees unmixed with the fault of any other person or entity.
15. Nonassignability. Club shall not assign, mortgage, pledge, or transfer This
Lease, or any interest therein, without the prior wdtten consent of City, except as set
out herein.
16. No Pollution. Club shall ensure that no pollutant, effluent, liquid or solid waste
material, litter, or trash, issued from the Premises is allowed to spill or collect in the
water in the vicinity of the Premises, on the Premises, or on the Whitecap Boulevard
peninsula adjacent to Club. It shall be Club's duty regularly to inspect for and remove
accumulated waste material from the Premises, the Whitecap Boulevard peninsula
adjacent to Club, and the water areas adjacent thereto, and propedy dispose of the
waste matedal in conformance with regulatory requirements.
17. Compliance with Laws. Club shall comply with all federal, state, and local
laws, ordinances, rules, and/or regulations, as amended, including, without limitation,
City Fire Code, CRy Building Codes, FEMA Regulations, Americans with Disabilities
Act, Texas Natural Resource Conservation Commission Regulations, and the Coast
Guard Rules and Regulations.
18.Taxes, Fees. Club shall pay all taxes that its use of the Premises cause to be
assessed against the Premises or Improvements. Club shall pay all sales taxes and
related taxes and fees incident to operation of the Premises or Improvements.
H ,LEG DIR\D~yte~MYDOCS~003.05/PARK&REC 27~Lease&Us eAgre~rntV3310OSDC.Padrelsl Yach[ ClL.,b.2005.Ex[end 1995.P~e~ Leese.d~c
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19.Sanitary Sewer. Club's operation of sanitary sewer facilities, both at the
clubhouse and the boat pump out facility, if any, shall be in accordance with City Code
of Ordinances, Chapters 13 and 14, including, but not limited to, Building and Housing
Standards Code, Construction Codes, and Flood Hazard Prevention Code, and Chapter
55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, and City's
"Greasetrap Ordinance," as same may be amended.
Upon Club's occupancy of twenty (20) tenants, Club shall have a pedod of six (6)
months to complete the installation and operation of an appropriate pump out facility
within or adjacent to the leased Premises.
It is intended that Club's presence at the Premises will not in any manner affect
City's required wastewater sampling at the adjacent Whitecap Wastewater Treatment
Plant. Club shall not dump and shall not allow anyone visiting the Premises to dump
any effluent or wastewater of any type into the water, but all effluent or wastewater shall
be propedy disposed of through Club's wastewater hookup or boat pump out facility, if
any.
20. Termination. Except as otherwise provided herein, City may terminate This
Lease, whenever Club fails to comply with the provisions and covenants herein, and
thereafter fails or refuses to comply within a reasonable time, stated in wdting, after
receiving wdtten notice of the violation, recommended cure, and pedod to cure.
Further, if City at any time needs the Premises for any City purpose, City Manager
will give Club thirty (30) days wdtten notice of termination. At the end of the thirty (30)
days This Lease shall terminate.
H L EG-DIR/D~yle\MYDOCS~003 05\PARK&REC.27~Le ase&Us.~Ag reern~3 ~ 005D~3 pad ralsl Yach[ Club.20~5.Extend. 1995.Pfer. Lease.doc
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21. Fencing. , Club, at its expense, shall fence the Premises from the street right-
of-way and the treatment plant property so that no one can access the Premises from
the street or right-of-way property. The gate to the Promises shall be kept locked at all
times Club is not open.
22. Hours of Operation. Club may operate the Premises from 6:00 a.m. to 12
midnight, 365 days a year. If nearby property owners complain about noise or nuisance
and the complaints go unresolved, Parks Director has the authority to shorten the
hours of operation.
23. Landscaping/scrsening. Landscaping for buffer shall be required on the
Premises. A plan may be presented to Parks Director for approval, or Parks Director
may present a landscaping plan to Club and approve a timetable for implementation.
24. Improvements. Improvements, such as lighting, that cause complaints from
adjacent or nearby property owners must be altered or removed reasonably to remedy
the complaint and provide the improvement that Club desired, at Club's expense.
25. Erosion. If, in the opinion of City Engineer or Parks Director, excessive
erosion occurs along the shoreline of the Premises as the result of Club's usage of the
Premises, Club must repair and correct the erosion and do any other repairs needed to
prevent the erosion from recurring.
26. Notices and Addresses. All notices, demands, requests or replies provided for
or permitted by This Lease shall be in writing and may be delivered by any one of the
following methods: (1) by personal delivery; (2) by deposit with the United States Postal
H ,LEG-DIF~ER3yte\MYDOC$~003 05~PARK&REC.27~Lease&Us.eAg ree m~031005DC.Padrelsl Yech[ Club.2005.Ex [e~d 1995 P~er Lease.doc
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Service as certified mail, retum receipt requested, postage prepaid to the addresses
stated below; (3) by prepaid telegram, or (4) by deposit with an overnight express
delivery service at:
If to City:
City of Corpus Christi
P.O. Box 9277
Corpus Chdsti, Texas 78469-9277
Attention: Director of Parks & Recreation
If to Club:
PADRE ISLAND YACHT CLUB
14300 S.P.I.D.
Corpus Christi, Texas 78418
Attention: Commodore
Notice deposited with the United States Postal Service in the manner described
above shall be deemed effective one (1) business day after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service shall be
deemed effective one (1) business day after transmission to the telegraph company or
overnight express carder.
27. Modifications. No changes or modifications to the Lease shall be made, nor
any provision waived, unless in wdting signed by a person authorized to sign
agreements on behalf of each party.
28. Hurricane Preparedness. In the event the area is threatened by a hurricane or
some other emergency situation, Club shall comply with all reasonable orders of the
Marina Superintendent or his/her authorized representative pursuant to the Hurricane
Preparedness Plan for the Improvements, a copy of which is attached and incorporated
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as Exhibit B. A current copy of the Hurricane Preparedness Plan shall be kept on file
with the City Secretary's copy of This Lease. Any time this plan is revised, the newest
revision becomes the attached and incorporated Exhibit B.
29. Non-discrimination. Club, and all its members and guests, shall be responsible
for the fair and just treatment of their respective employees, members, prospective
members, and guests. Club warrants that it is, and will continue to be, an equal
opportunity employer and hereby covenants that no employee, member, prospective
member, or guest shall be discriminated against because of race, creed, color, disability
or national odgin. This non discrimination clause must be posted on the Premises and
must set out the Parks Director's address and phone number. Violation of this
provision by Club or any member or guest shall be cause for immediate termination by
city.
30. Interpretation. This Lease shall be interpreted according to the Texas laws that
govern the interpretation of contracts. Venue shall lie in Nueces County, Texas, where
This Lease was entered into and will be performed.
The headings contained herein are for convenience and reference only and are
not intended to define or limit the scope of any provision.
31. Entirety Clause. This Lease and the exhibits incorporated and attached
hereto constitute the entire agreement between City and Club for the use granted. All
other agreements, promises, and representations with respect thereto, unless contained
in This Lease, are expressly revoked, as it is the intention of the parties to provide for a
complete understanding within the provisions of this document, and the exhibits
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incorporated and attached hereto. The unenforceability, invalidity, or illegality of any
provision of This Lease shall not render the other provisions unenforceable, invalid, or
illegal.
Armando Chapa
City Secretary
THE(~Y~O.F'CORPUSCHRISTI
City Manage
0 March 2005
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
PADRE ISLAND YACHT CLUB
Name: ~'~-~o,~
Title: ~,,,~r ~,~' ~._
H ~LEG-DIR5 Doyte\MYDO~S~003.05\PARK&REC.27~Le ase&Us eAg meml~031005DC pad rel.~.ya~t. Club ~05.~end l~5.Pler L~,d~
Page 14 of 14
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF NUECES§
/
This inst,'~.~le~nt was acknowledged before me on the / ~ day of
I ~" ~(-/'"~,' ,2005 by George K. Noe, City Manager of Corpus
Chdsti, Th×as, a T~d~as home-rule municipal corporation, on behalf of said corporation.
Name (printed):
My Commission Expires:
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the ) '~'~- day of%
'-~\~,-~ c~,.~ ,2005 by ~,~."D .~,_5~_~_~ ,(,..C,-~,~,,,.~¢/Lb'L~ ,
of Padre Island Yacht Club, a Texas nonprofit corporation, on behalf of said
corporation.
Notary Public, State of Texas
Name (printed):
My Commission Expires: ~. ~ -,~.~
Pu~c
~/2 ?~0. .
H :/LEG-DIR\Doyle\MY DOCS'~303.05~PARK&REC.27~Lease&Us.eAgreernl~031005DC pad relsi Yacht Club 20O5.FJ0ter-~d. 1995.P~er.L~se.d~
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SUBJECT PRO
EXHIBIT A