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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 Page 2 of 14 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. H ~LEG-DIR\Doyle/MYDOCS~003 05~PARK&REC 27~Lease&Us eAgreem1~O31005DC Padmlsl Yacht Club 2005.Extend.1995.Pier. Lea~e.doc Page 3 of 14 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"), H LEG-DIR\Doyle/MYDOCS~003.05~PARK&REC 27~-ease&Us eAgreem~031005DC PadrelsLYacht. Club.2005.Exlen~ 1995.P~er. Lease.doc Page 4 of 14 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, H LEGA3IR\Doyie/MYDO~S~2003 0E~PARK&REC 27~_ease&Us eAgreernt~31005DC PadrelsLYachLClub.2DO5,Exler~ 1995.P~er Lease.doc Page 5 of 14 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, H LEG-DIR\DoyielMYDO~S~OO3 0E~PARK&REC 2~Lease&Us.eAgreem~V)310OSOC Padrelsl YachLCl~b 2005 Exlend.1995.Pler. Lease.dec Page 6 of 14 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 Page 7 of 14 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 H:~LEG-DIR~DoyJe/MYDOCS~2003.05~PARK&REC.27~L~ase&Us eAgreem~)31005DC Padrelsi Yacht Club 2005.EJ~er~d.1995.Pier Lease doc Page 8 of 14 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 Page 9 of 14 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 Page 10 of 14 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 Page 11 of 14 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 H LEG-DIR\DOyle/MYDOCS~2003.0~PARK&REC 2~Lease&Us.eAgreem6031005OC.Padrelsl Yach[ Clu~.L>005 Extend.1995.Pief. Lease.doc Page 12 of 14 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 H/_EG-DIR\Doyte\MYDO~.~S~20O3 05\PARK&REC.27~Lease&Us e. Agreen~g31005DC Padrelsl Yacht Club.2005.Exlend 1995 Ple~ Lease.doc Page 13 of 14 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~ / I / SUBJECT PRO EXHIBIT A