HomeMy WebLinkAboutC2006-539 - 12/12/2006 - ApprovedM
CITY OF CORPUS CHRISTI, TEXAS
MARINA SPACE RENTAL CONTRACT
Date Contract Starts: May 1. 2007
Name of Craft: Yachting Center School Boats_~_~
Make of Cnft:
Type of Craft:
Year: Length: _ _ Beam:
State or pocumented No.:
Port or pocumentation:
SS#
Lessee Name: Yachtina Center of Cornus Christi LLC
Home Address:
Business Address:
Phone: Home: Office:
Boat Captain's Phone: _
Liens and encumbrences Upon Above Craft:
Slip/Space No.: 54--65 Peoales St. T-Flrad stem Gear Box No.: n/a
Monthly Space Rental: $'____ ____, Monthly Gear Box Renial: $ Total $ Deposit: $ In accordance with City of Corpus
Christi City Ordinances
'~6.85 per linear foot of dock soace as established bv attached schedule in accordance with Citv of Corous Christi Citv
Ordinances
The City of Corpus Christi, Texas, a municipal corporation situated in Nueces County hereinafter called
"City' , he~'eby le~ses to Yachtir~ Center of Corpus Christi LLC hereinafter called "LESSEE", for a
term of fourteen years 6 months from the starting date, the slip/space and gear box, if applicable,
described above, at the Corpus Christi Marina, Corpus Christi, Nueces County, Texas, for the storage of
the watercraft described above. and all parts and equipment thereon, upon the following terms and
cons~derations
Marina Facilities. City shall prov~de slip/space, facilities, and services for the storage of lessee's
watercraft and parts 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 another slip/space.
~ Rental. Lessee shall pay the above described rent and deposit, representing "firsY' and "IasY'
months rent, upon execution of this contract. Subsequent monthly rent payments shall be made
on the first day of each month starting May 1, 2007; payable to the City of Corpus Christi,
Collections Section, at ~ 201 Leopard Street, or to P. O. Box 9277, Corpus Christi, Texas, 78469.
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 "IasY' month's rent, may be
forfeited when the Lessee vacates his assigned slip/space without giving the Marina
Superintendent thirty (30) days written notice of termination and/or when any part of the rental
becomes delinquent as described below. The deposit shall be refundable only under the
conditions described in ~Jrdinance No. 13871; Section 3(d), 9-10-77, as amended.
~ Rate Changes. This rental rate and 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 written notice thirty
(30) days in advance of the date when rent under the new rental rate is due and payable. Lessee
will also be required to deposit an additional amount whenever the rental rate is increased.
4 Annual Certification. Within one month following the execution of this lease, Lessee shall
establish to the satisfaction of the Marina Superintendent proof of his ownership of the above
described watercraft. The City reserves the right any time to "spot check" and ascertain
ownership of the watercraft in the slip assigned above.
5 Enforcement Liens. Lessee does hereby agree to make current payments of slip rents, meter
charges (if applied), and be liable for any intentional or negligent damage to City's property and/or
equipment. Should either delinquency of rent payment and/or damage to the City's
property or equipment occur, Lessee, in consideration thereof, shall, without reservation,
2006-539 'ondition, automatically grant to the City, a prior lien against Lessee's
12/12/06 ~arts and equipment thereon, to satisfy and/or secure the Cify in said
Ord027075 nent thereof A lien, having been placed on the watercraft, shall preclude
~ove said craft or any parts and equipment thereon from the premises of the
-'`achtin~ ( enter c~f C(
Corpus Christi Marina until said lien has been satisfied by payment in cash, cashier's check or
money order This lien shali be in addition to all other liens and remedies provided by law.
Se~zure and foreclosure of lien sale by the City may be executed by the City as outlined herein.
It is specifically agreed that the use of slip, dockage, stowage, water, and electricity
provided pursuant to thrs agreement are provided to the watercraft for the credit of said
craft, and it is understood between the parties hereto that the City is relying primarily upon
the credit of the watercraft for the enforcement of its claim for slip rental payments, or
other sums due and owing, and that it rs the further intention of the parties that a maritime
lien or liens arise out of the providing of stowage, dockage, or other service supplied to
the craft, and that the City does not by this Contract or otherwise intend to waive its
entit/ement of a maritime lien. Documented vessels are subject to the Ship Mortgage Act, its
amendments, and general maritime law
~. Delinquency Lessee shall be deemed "delinquent" when the period of time for which he has
paid for his slip/space in advance, not including the deposit, has expired. A three dollar ($3.00)
late charge shall be added to a slip rental account 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 mail, the envelope containing the payment must 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 appl~cation of Lessee's deposit for non-payment of the rental due for
said deiinquent period Sixty (60) days past due shall prompt a written notice, by the City to
Lessee, that the City does place a lien upon the watercraft and all parts and equipment thereon
for all charges due the City under this agreement. At that time, the City shall also publish public
notice of public auction to sell 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 craft be necessary, Lessee does hereby authorize the City to seize,
remove and deliver said craft, w~thout 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 law or in equity, and to pay prior or other existing liens, if
any as their interests may appear Any balance of monies after said claims have been paid,
shall be paid to Lessee
Inspec~on of Craft During Delinquency. In the event any rent owing to the City by Lessee
becomes delinquent, but prior to the ninetieth (90) 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 upor 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
harmleas", the City, of and from any and all claims for damages, losses,
expens~s and costs, of any nature, arising by reason of use of the rented
s~ip/sp~ce, adjacent docks, pilings, piers, and all other property of the City.
Additicmally, Lessee must indemnify and hold City, its officers, employees,
or agents, ("Indemnitees"), harmless of, from, and against all claims,
c~emands, actions, damages, tosses, costs, liabilities, expenses, and
j~dgments recovered from or asserted against Indemnitees on account of
injury vr damage to person or property to the extent any such damage or
injury may be incid~nt to, arise out of, or be caused, either proximately or
remotely, wholly or in part, by an act or omission, negligence, or
misconduct on the part of Lessee or any of its agents, servants,
employees, contrac#ors, patrons, guests, licensees, or invitees entering
upon the premises 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, contractors, patrons, guests,
licensees, or invitees of any law, ordinance, or governmental order of any
kind, ar when any such injury or damage may in any other way arise from
or out of the const~uction or use of improvements located on the Premises
herein or out of th• use or occupancy of the improvements to the Premises
or the Premises itself by 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 in any litigation commenced by any party, other than
Lessee relating to this Agreement, Lessee shall defend City upon receipt of
reasonable notice regarding commencement of such litigation.
9. Complia~tce with Laws, Rules, and Regulations. Lessee agrees to comply with and be governed
oy. applicable federal, state, and local 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 City from enforcing the provisions of Chapter 12 of said
~ode. Current Marina Rules and Regulations appear on the reverse side.
10 Termir~a#ion. This Contract shall continue in force unless terminated by the City Council or
unless terminated by either party in the following manner:
~) 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 tim~ly paid. This notice shall be delivered to the Lawrence Street T-Head office, or mailed to
the Marina Superintendent at P. O. Box 9277, Corpus Christi Texas 78469.
bi The City Marina Superintendent may terminate this Contract whenever Lessee fails to comply with
the provisions of this Contract, or any applicable federal, state, or local laws, rules or regulations
and faifs or refuses t~ comply within a reasonable time after receiving written notice of the
violation of recommended cure
11.S~blease. Lessee may not assign this fease to another. Lessee may not sublet the slip/space
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 duration of the sublease. Said amount shall be
applied as a credit to the account of the Lessee Sub-Lessee 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 City may, upon
approval of the Lessee, provide a Sub-Lessee. An approved sublease shall in no way divest,
preclude, or prejudice Lessee's rights and claims under the terms of this lease.
12.Transierrt Craft. In order for the City to be cognizant of the availability of slips for transient 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 notification shall not
constitute a default under this Contract. A transient craft owner or operator shall not be considered a
sublease untess the requirements of paragraph 11 are met.
13. In The Event of Hurricane Threat. Lessee will make pre-arrangements to remove or have
removed his craft from the City Marina in the event there is a threat from hurricane, and agrees to
comply with the_hurricane procedures that the City Marina Superintendent prescribes.
14. Nt~tice. Any notice to Lessee under this Agreement shall be complete upon placing it in the mail
to either address given above, or ±o an amended address submitted by Lessee in writing.
15. NO LIVEABOARDS.
16. Ir~surance. Lessee agrees to maintain insurance as required by City of Corpus Christi Risk
Management Department, naming City as additional insured.
Page 4 of 7
17. YACHTING CENTER CONSTRUCTION 8 OPERATION. Lessee agrees to pertorm construction
and operations in accordance with attached Exhibit A.
EXECUTED this ~i 3~~ day of ~_ , 2006
CI ~ Y OF CORPUS CHRISTI. TEXAS
Utility
G/B
ATTEST: CITY F CORPUS CHRISTI
Armarfdo Chapa, C Secretary eo e K. Noe, City Manager
APPR~VE~ AS TO LEGAL FORM October 26 2006
%~: .~, , .i ~1.~,<.__ i:_.~-~.,
Lisa Aguilar ` _,
Assistant City Attorney
For City Attorney
LESS~E
pl~~. ~2'10~~. _ . „u ~ ~,.,,..~~
- - -- K - ~~~ ~
BY C~WlNCIL .l ~ ........-
~p~-
Signature: ~..,~'°;G~f ~ ~i' _ ~'~'~~'~' Date: ~~~~~~~
!, j
~'' ~~ G. ~, `' . ~. ~
H 1LEG-DIR'Lisa~Parks 20061Yacht Center Manno SpaceRentaLContract 'S year doc
Page 5 of 7
CITY OF CORPUS CHRISTI, TEXAS
CITY MARINA RULES AND REGULATIONS
'. PENALTY fOR VIOLATION - The rules and regulations contained herein are the policies and
ordinances of the Corpus Christi City Marina. Violation of any of these provisions carries a fine
not to exceed Two Hundred ($200.00) 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
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 UTILITIES - Excessive and/or negligent use of electricity or tap water, as determined by the
Marina Staff. will cause metering of the utility and the space tenant shall pay an additional cost for
the use, as well as the cost for the metering device.
3 CRAFT PROPERTY TIED - All craft shall be berthed with proper care and be secured to its
moorages with good !ine and shall be maintained at all times with respect to safety and
appearance
4. NO BATHING, SWIMMING - Enter~ng the waters of the City Marina for the purpose of bathing,
swimming or wading is prohibited 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 shall 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 caused by wave
action from their craft. No speedboat contests are permitted within the water areas protected by
the City Marina rock breakwater.
~ 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 Marina Staff.
These areas must be kept clean and clear at all 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 overnight stay shall constitute using the land area as a
dwelling place
9. NO WAT~R 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 craft shall be
permitted to stay aboard their craft for five (5) consecutive days only, provided their craft is
equipped with a holding tank er the shore restrooms are used, and provided a permit is obtained
from the Marina Supervisor
1 Q NO BOAT REPAIR AT SPACES - No owner, master, operator or his agent, of a watercraft is
permi#ted to make major hull and/or superstructure repairs while berthed at the space without
written permission from the Marina Superintendent who has authority to order the termination of
the work.
11 NO PARKbNG 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-Heads
withaut prior written approval of the Marina Superintendent.
12 NO SIGNS AND ADVERTtSEMENTS - No signs and/or advertisements of whatsoever kind shall be
permitted within the City Marina including all land and water areas, without prior written approval
of the Marina Superirtendent.
13 NO FISH NETS AND TROTLINES - It shall be unlawful to seine for marine life, drag a net, set out a
trotline or sail line, in any of the water areas of the City Marina bound by the rock breakwater.
14 NO TRESPASSING - No person ~s 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.
H,LEG-GIR1L~,salParks 2006~~'acnt Center Manna Space Rental Contract ? 5 year doc
Page 6 of 7
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, or at other alternate fueling sites
as designated by the Marina Superintendent.
16 AS~IGNMENT OF SPACES - Upon first arrival, the craft owner or operator must report in to the
Marina Office to be assigned a space
17 SP/1CE A3SIGNED TO SPECIFIC CRAFT - Space is assigned to a specific craft and a specific
owner. Any change ef the owner's craft requires immediate notification of the office of the Marina
Superintendent
18 LIMIT 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 writing by the
Marina Superintendent, the City Manager or City Council.
19 DA~AAGE TO MARINA FACILITY - The owner or owners of any watercraft, whether operated by him
or his pilot, shall be responsible for the damage his craft may cause to the Marina space 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 at his sole expense, or shall be removed by the
Marina Superintendent at the craft owner's expense.
21 CRAFT I~GULATION EQUIPPED - Craft in the City Marina shall be equipped according to the U.
S Coast Guard regulations 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 City Marina.
23 GEARBOXES - Gearboxes may be rented from the City Marina or the space tenant may provide his
own at his assigned space, provided the design specifications are the same as provided by the
Marina Superintendent.
24 PkRKING - 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 watercraft
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 conditions, defects, or failing of the tenanYs slip/space, 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 BOATS
'. 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, 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 following special regulations:
A) Purchase his own electric meter and pay for all the electrical use.
B) All signs, awnings and ticket 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
attract passengers by means of arm waving or excessive noise, including music.
H'~LEG-L~IR\~isalParks 2006'~Yacht.Center Marina Space RentaLContract 15 vear.doc
Page 7 of 7
EXHIBIT A
16. YACHTING CENTER CONSTRUCTION 8~ OPERATION. The conceptual plans for the Yachting
Genter, including the adjacent sailing school, charter boats, and floating barge, consisting of a
totai of 12 boat slips, are attached as EX 1 thru EX 5. The 12 boat slips and the floating barge
shall be constructed by Lessee at Lessee's expense in accordance with construction plans and
specifications ("Plans & Specs"} to be furnished by Lessee and to be attached as Exhibit B. The
following additional provisions govem construction and operation.
(1 j Construction shall not begin until the Plans & Specs have been submitted to and reviewed
and approved by the City Marina Superintendent and City Engineering Services Dept. and
! essee, at Lessee's expense, has obtained aU required permits from City Development
Services Dept. and any other entities having jurisdiction, and Lessee and Lessee's
construction contractor have obtained all insurance as required by City Director of Risk
Management, and Lessee has obtained all performance and payment bonds as required by
the City Attorney
(2) RII improvements constructed by Lessee or Lessee's contractors, including, but not limited to,
the Barge office/ school, boat slips, pilings, boardwalk decking, etc., and all operations of
Lessee must comply with all applicable City Codes and ordinances and all applicable Federal
and State statutes and regulations.
(3; Lessee shall use the 12 boat slips for operation of a yachting center, sailing school, charter
boats, and related activities, and for no other purpose unless approved in advance in writing
by the Marina Superintendent. The 12 boat slips are located on the Peoples Street T-Head
stem, slips 54-65.
(4} The Floating Barge shall contain the offices and classrooms for the Yachting Center (formerly
the Sailing Center). The Floating Barge (similar to the Bay Yacht Club floating barge) will be
moored in the first 6 of the 12 boat slips.
(5} Lessee at Lessee's expense shall ~nstall pilings to accommodate and secure the Floating
Barge
(6; Lessee at Lessee's expense shall replace the damaged pilings along the Boardwalk
commercial slips as necessary to accommodate the fishing vessels eastward of the sailing
school. The pilings are located at slips 66-79.
(71 Lessee at Lessee's expense shall replace the Boardwalk decking in the front of the Floating
Barge
(8) 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.
(9) During the Texas International Boat Show; 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.
(101 All signage must be in compliance with City Codes.
(11; Lessee sha~l be responsible for alf maintenance of improvements constructed for the benefit
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.
(121 Lessee pays for all utilities.
H~LEG-DIR~,I_isalParks 2D061Yacht.Center.Manra Space Ren,al.Contract 5 year doc
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