HomeMy WebLinkAboutC2008-381 - 10/28/2008 - ApprovedPage 1 of 15
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CITY OF CORPUS CHRISTI, TEXAS
MARINA SPACE RENTAL CONTRACT
Date Control Sans: D~oamber 7, 200!
Hams of CrNt:
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r«r: L.a~pye tam;
Stab or DonumonMd Na:
4usrr tlerrre: raatMMe Canh- d Corar Clrhtl. LLC
Nom. Aaann:
Itusirrou Address:
Phone: tforrta• OMIa•
Boot GpWn'a Phone
LIarN end oneerrbnnas Upon Above CrNb
Port or Dooumonbtlon:
811plapr» No.: 16 slips on 1~apla Street T•heed, Bat Sups No. 70 autwrrrd, tsrmtnatinp N xsel buaMW u dapldod on athoMd
E~erlt 1. (Istrr Box Noa nlo-
Monthly 9paoe Rortlal: a' Madhy t9ser Sox Renhl: E_ ToMI: i_ Dspa~ E In amoMance ydtlr Ctly of Coryw Chdsd
Ciy OMManas
"" fe.Bb oar Ilrhe- foot o} tlotlt amra rarrurVrohl alb ronhl rah: o ~ other -.d -6.: --- '"-riood on a~_`_` E+eL." e 2 roe may
aL~1Rt~nGZwMh Cev of Cereua Chrhtl Ctlv Ordtrhr~a
The City of Corpus Christi, Texas, a municipal oorporatbn skueted in Nueces County hereinafter called °Cky°,
hereby bases tD Ys>~ae Cenbr of Ctxroua Chrbtl. LLC. hereinafter called "LESSEE", for a term of five
Years from the alartinp date, the eliphtpaoe and pear box, ff appNcabb, dascribsd above, at the Corpus Chriatl
Marina, Corpus Christi, Nuerxs County, Texas, for the storepe of the watercraft described above, and all parts
and equipment thereon, upon the folk-winp terms and considaratbns:
1. Marina Fadlitbs. City shall provide slip/spaoe, facNidu, and services for the storage of beau's wateroraft
and parts and equipment thereon u described above, provided, however, during spedal events, construction,
repairs, and other similar activities, for gerbils not exrxitedinp 30 days annually, the Superintendent may require
Levee to move to another slip/space.
2. Rental. Lessee shall pay the above ducribed rent and deposit, representing "first" and "last" months rent,
upon exealtion of this contrail. Subsequent monthly rent paymenis.shall be made on the first day of each
month; ~yat>te to the City of Corpus Christi, Collections Ssttilon, at 1201 Leopard Street, or to P. O. Box 8277,
Corpus Christi, Texas, 78489. H the first day of the month feb on a weekend or a holiday, payment shall be
made on or before the fiat business day of the month. The deposk, which roprosatls the 'tut" month's rent,
may be forfebd when the Lsuee vacates his assigned slip/spaoe without giving the Marhta SupertrttsrrdeM
thirty (30) days wriken notice of tetminetbn and/or when any part of the rental becanes deNnquent u described
below. The deposk shell be refundable only under the condkbns described in Ordinance No. S3t171; Seilbrt
3(dj, 9-10-77, as amended.
3. Rob Changes. This rental rats and depuit for storage space is subject to change by action of the Cky
Council. Should a rMe ilwnge be rrwde, the Lesue shall be given vvrkbsn notice thirty (30) days in advance of
the date when r~'1t under the new -erlml rate is due and payable. Lessee will abo be required to deposk an
additiorlai amount whenever the rontei rate rs irrcreasad.
4. Armwi GrtllkatlDn. Wilhin one montll folknvktp the execution of this lease, Lessee shell estak~Wsh to the
satisfacdon of the Manna 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 wateroreft in the s11p assigned above.
5. ErMorgmellt Lbns. L.eesee dou hereby agree to make current payments of slip rents, meter charges (if
applied), and be Nabb for any inbntional or neplipant damage to City's property and/or equipment. Should
slHler dNlnquency of naft peynleftt anaMor damage to tYle C/gr's property or equipment occur, leases, in
eoris/deraffon thereof, shall, ttaitl-att npertretMr-, rseourse or other condltlon, automatics//y prartt to the
City, a prbr Ihm apdnst Lessee'b tvateroralt anal ell parts and equipment thereon, !n saflsry and/or
---°-- +~ ~+w e., aafn claim and the payment thereod A lien, having been placed on the watercraft, shall
2008-381
Yachting Center of CC
10/28/08
Ord. 027914 R.nhLCanraa s year ocro6sr fe zooe.aoe
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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 Marine until said Iien has been setisifed by payment in cash, cashier's check or money order.
This Ifen shall be In addition to all other liens and remedies pt`ovided by law. Seizure and forerHosure of Aso sale
by the City may be executed by the City as outlined herein. h u apeclBsapy agreed that the rise o/ sNP,
dockag~s, atoaatye, wata-, and elacttclty Provided punswnt to this ay-asmsnt are provided M the
watwcratr for rho creaMt of aakl crab and It k uncMrstood between t-a Parges hereto that the Clay M
^aYinC primartty upon d,. cracHt w ties watercraft for the err/orcanrarrt of !ts cAshrr Ior a/ryo nnhl
paymsnrs, or other auras due and owMp, and Shat It h tM furtlra- MttmHon of the partlea that a marttlme
Ilan or dens arts our of the provlagny of atowape, dociaiye, or other aarvka asppped to dre ~ and
that the City doe not by this Contact a othawlss intend to waive its orEldsment of a mar/dme lla-.
Documerrtsd vessels are subject tD the Shy Mortgrtge Act, Its amendments. and general maritime law.
6. DNlnquency. Lessee shall be deemed "delinquent" when the period of time for which he has paid for hie
sAp/spacs in advance, not Indudlnp tits deposit, has expired. The then-current late charge sheN be added to a
slip rental erxount which has not bean paid prbr to the ckue of business on the flftesrrtit (16~ day of the month
for which the aNp rerrtal Is due. If peymsM is roads by mall, the envslopa oontetning the payment must be
postmarked not letter than saki fifteerttil day of the nonth. When the tlfteenth day of the month falls on a
weekend or a hoUday, the late charge will be in effect on the next business day. Continued delnquency at thirty
(30) days shall effect automatic applitxtlon of Lessee's deposit for non-payment of the rental due for said
delinquent period. Sixty (80) days greet due shall prompt a written notice, by the City to Lasses, that the Cky
dose place a Ifen upon the weterCre}t and aU parts end equlpmerrt tftereon for all charges due the City under this
agreement. At that time, the City shall also publish publk: notice of pubNc audbn to seN said craft in thirty (30)
app~i bie~state, orll oncail lees. nShould saldsaales off the cr~aRui~ for a sale of the propeAy under
authorize the Cky to seize. remove and deliver eaM crag, without udkdal e~esary' ' does heroby
1 grouses, Tor monies to satisfy any
indebtedness antl collection ousts aping to the City to diecttarge the Nens, either marithns, statutory, contractual
or otherwise, granted herein or existing at law or in equity, and to pay prior or other existing (fens, ff any, ee their
interests may appear. Any balance of moots after said claims have been paid, shell be geld to Lessee.
7. Intspsctbn of CMt During Wlfngrrency. In the event any roof owing to the Cky by Lessee becomes
delinquent, but prior to the nirrotiMh (g0) consecutive day of delinquency, Lessee retains the right m board hie
craft during roseoneble hours when accompanied by a representative of the Cfly Marina staff in order to Inspect
the craft, Thereafter, Lessee reBnquishes all rights to be upon the dodos, piers, and/or catwalks of the Marina,
as well as upon said creft.
s. ReNase of Liability. Lessee agrees to rehrase, ilxlemnify, and "hold harmless", the
City, of and from any and all claims for damages, losses. expenses and cosh, of any
nature, arbing by reason of use of the rerttad slip/space, adjacent docks, pilings, piers,
and all other property of the CNy. Additionally, Lessee moat indemnify and hold City,
its ofNcere, employees, or agsrrt, ("Indemnites"y, harmtp of, from, and against all
claims, demands, actions, damages, losses, cost, IfabNities, experass, and
judgments recovered from or assertd against Indemnitew on accourrt of injury or
damage to pereon or property to the extant any such damage or htjury may be incident;
to, arise out of, or be caused, eHher proximately or romolly, wholly or M part, by an
act m' ~~bn, negligence, or misoot on the part of Lessee or arty of it agents,
satvants, employees, cotrbsctore, patrons, guests, licensees, or invites entering
upour the prembes hosed or used by Lasses, ("Prorates"j, or tatthtg 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 improvement purewnt to this
Agreement, or when any such Injury or damage is the result, proximal or remot, of
the violation by Lessee, or any of its agent, servants, employees, contractors,
patrons, guest, Ikensees, or invites of any law, ordinance, or govenrmentl order of
any kind, or when any such injury or damage may in any other way aNse from or out of
the construction or use of improvement locald on the Premises herein or out of the
.EG•OIR1LIca12000 MarinalYacht.Cantar.Marine.Spsoe.Rental.CoMrect S year Oclobar 1Si 2008.EOc
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Page 3 of 15
use or occupancy of the improvements to the Premh>:es or the Premises ibelf by
Lessee, Its ageltts, servants, employees, contracture, patrons, guests, licensees, or
invitees. Lessee covenants and agrees that H 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 roasonable notice
regarding commencement of such Iltfgatbn.
S. Compliance with Laws, Rube, and Regubtlons. Lessee agrees to compty with and bs govemsd by,
applkwbb fedsrel, able, and local laws, nda and ropubtlons, including Chapter 12 of the Clty of Corpus Christi
Code of Ordinances and the Marina Ruiea and Rsgubtbns, a amended. Nothing in the Contract in any manner
preverrb the City from enfordng the provbbns of Chapter 12 of akl code. Current Marina Rules and
Regubtbns aro atted~ed.
10. Termination. This contract shah bmtinate upon affective date of 14year 6 month bee between the
parties of the same premises. Additionally, this contract may be bnninated by either party In the following
manner.
a) This contract may be terminated by Lessee giving the Marina Superintendent thirty (30) days written
notice in advance of brminadon, provided Lessee's rental paymsrds and other charges are timely paid. This
notice shall be delhrored tD the Lawrence 8troet T-Head off>cs, or mailed to the Marina Superintendent st P. O.
idox g2n, corpus cnrisfl rexss 7&189.
b) The City Marina Superintendent may brmiruda this Contred whenever Leas falls to comply wkh the
provisions of this Contr~t, ar arry appticabb federel, elate, or local laws, rubs or regulMlons and fells or refuses
to comply within a lhirgr (30) days alter recehring vrtittsn notkre of the vk>'bdon o/ recommended cure.
11. Sublease. Leases may not assign this base to another. Lessee may not subbt the sliplapace heroin to
another without the written c~raent of the Marine Supsrinbnddent a b some nrvdmum duration, and the
payment, in advance, by the sub-I.esses, of an amount equal to the sum of all rental payments for the spedN~
maxknum duration of the wbleae. Saki amount shall be appibd as a credR tD the aa:arM of the Lessee. Sub-
Lessse sh411 be bound by all the terms of the Lease's Contract except a spedflcally modified by the subbaa
agreement. A written eubleaa agreement must be executed in order to create a sublease. The Cky may, upon
approval of the Lessee, provide aSub-Lease. An approved wblales strell in no way dNest, preduds, or
prejudice Lessee's rights and claims under the terms Of this bee.
12. TranslerK Craft In order for the Cky to be cognizant of the availebiltty of sNps for tranekxd craft ua, Lessw
shall notify the Marina Supsrkttendsnt when Lessees expects to have his craft out of his sikr/epace for more
than flue (5) consecutive days. However, biluro tD give the notiflcaflon shall not rxrrstltrrte a default under this
Contract. A transient caaft owner or operator shall not be conslderod a suttees unkies the requirements of
paragreph 11 aro met.
13. In The !?vent of Hurtbans Threat. Lessee wile rrtake pre-anangsmetrts to remove or have removed hie
craft from the City Marina in the sventthsro i6 a threat from hurrarerte, and agrees to cromply with the_hurricane
procedures that the City Marina Superintendent prescribes.
14. NaNw. Any notloe b Leaee under thb Agraarrrerrt shall be rbmpbte upon placing it in the mai! tc either
area given above, or to an amended addrea submftbd by Lessee in writing.
15. NO LNEABOARDS.
18. Lessee agrees to maintain Muuirance a required by Exhbit A-1, City of Corpus Christi Risk
Maraparront Department, naming City as additional inwred.
17. YacMinp Center CorabtwNorr and operation. Lessee agrees to perform construction and operations in
eccbrdertce whh attached Exhibit A.
18. Temdnadon of p-wfous agresrnsnb. This agreement bn»inata the previous agreements between the
parties for marine apaa~ce r@r-tal contract for rental of boat slips No. 54-86 of Peoples 31reet T-head.
EXECUTED this jsny',=~'~day of , 2008.
_EG-DIR1LIea12008 MarinatYacht.Center.Madna.Spaee.Rentel.Contreot 6 year October 16 2003.tloc
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Page 4 of 9 5
CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
Armando Chapa, City Sec tary
CITYPF CORPUS CHRISTI
ti
Cit anager
APPROVED AS TO LEGAL FORM I ° ~2~ ~n4
Lisa Aguilar )p~ p~~~ -~
Asslatant Clty ornet y
For City Attorney
LESSEE: Yachting Center of Corpus Christi, LLC
Signature: Date: ~ ~~
Name: ~ ( tan, O . rvi y-. Tr,
Title: M a_ h_ a~7 M e o,~, (r~~
~~ • ~ / 4AUTHUHRED
.EG-DIR1LI9a1Y008 MarlnalVacht.Center.Marlna.Space.RentBl.COnUact 6 year October 18 zooe.aoc
Page 5 of 15
CITY OF CORPUS CHRISTI, TEXAS
CITY MARINA RULES AND REGULATIONS
1. PENALTY FOR VIOLATION -The tiles and rogulatbns contained heroin are the pclk:ies and ordinances
of the Corpus Christi Clty Marks. Vblation of any of these provisions carries a Bne not to exceed Two
Hundred (5200.00) Dollars, plus possible bas of space privileges. Upon the rofusal to oompty widr a
Iaw[ul order of the Marina Superintendent and/or his staff, the Superintendent may re\roke the rental of
apaos for the watercraft and order Its immediate removal. Should the owner, master or operator or any
perm refuse the order, the watercraft may be removed by the Marina Superintendent.
2. USE OF UTILITIES -Excessive and/or negilgeM use of electricity or tap water, as determined by the Marina
Staff, wig cause rretering of the udifty and the space terra-d shell pay an additkxral cost for the use, as
well u the cost for the metering device.
3. CRAFT PROPERTY TIED -All craft shall be berthed with proper taro and be secured to its moorages with
good fine and shall be mair~ined at all times with respect to safely and appearence.
4. NO BATHING, SWBtIMINO -Entering the watere of the City Marina for the purpose of bathing, swimming
or wading is prohibged 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 k not psmnitted inside the rods broakwaber of the City Marks.
6. SPEED LgNR - No peroon shall operate a craft greater than 4 mph wthin 200 feet of the L-Head or T-
Heada. Speed of moving craft Ntelda the City Marina shall be held down to a limit whktr wgl Isave no
wave argon from their cre(L Craft operators are liable for the r~ma~pe d by wave acdon from their
craft No speedboat contests aro permitted within the water areas protected by the Cfly Marina rock
breakwater.
7. CATWALKS, BULKHEADS KEPT FREE OF MATERIALS -Materials, trash and/or equipment left upon
the dodos, catwalks and bulkheads wgl be removed, without notice, by the Marina Staff. These areas
must be kept clean and clear et all times.
S. NO LAND DWELLING - No peroon shall be perngted to use the Mnd arms of dte L-Head and T-Heads as
a dweging place for any length of time, whether the person be in a vehk;le, tent, improvised shelter, or
wghout shelter: An ovemipht stay shall constitute using the land area ~ a dwelgng place.
9. NO WATER DWELLNiG - No watercraft whatsoever whkh is being used by the person or persons aboard
as a dwelgng place shell be perngted to moor, tie-up or anchor within the protected waters of the City
Marina, except regular space tenants and registered trenslent craft shall be permitted to stay atx~ard
their craft for five (5) consecugve days only, provided their craft is equipped with a holding tank or the
shore reshooms are used, end provkted a perms is obtained from the Martrfa Supervisor.
10. NO BOAT REPAN2 AT SPACES - No owner, master, operator or his agent, of a watercraft is permited to
make major hull and/or superstructure repairs while berthed at the space without written permission
from the Marina Superintendent who hoe authority to order the termination of the work.
11. NO PARKING OF TRAILERS AND VEHICLES - No person shall leave or cause to be left any trash,
malarial, object, vehicle, tragsr or equipment upon the land areas of the L-Bead end T-Heads without
prkx written approval of the Marina Supsrirrtendeht.
12. NO SlsiiB AND AD11ER7'ISEg~41TS - No signs and/or advettisemerrta of whaboever kind shall be
permitted within the City Marina including all land end water areas, wghout prbr written approval of the
Marine 3uperiMerrdent.
13. NO FISH NETS AND TROTLINES - It shall be unlawful to seine for marine Ige, drag a net, set out a trotline
or sag line, im any of the water arNS of the Clty Marine bound by the rods broakwater.
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 empty of the City for business theroin.
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 dodos, ar at other aRemete fueling sites as designated by
the Marina Superintendent.
.EG•DIR\LIN\2006 Marina\Yedd.Center.Marlne.Spaea.Rental.Cmtracl6 yev OUOber 162008.dx
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16. ASSIGNMENT OF SPACES -Upon first arrival, the creft owner or operator must report in fo the Marna
Office to be assigned a space.
17. SPACE A88KiNED TO SPECIFIC 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 Marne
Superintendent.
18. LIMB TO NUMBER OF 8PACES RENTED - No more than five (5) spaces shall be rented at a time, by any
person, firm, organization or wrporetion without specie{ agreement in writing by the Manna
Superintendent, the City Manager or City Council.
19. DAMAGE TO MARINA FACILITY -The owner or owners of any watercraft, whether operated by him or his
pilot, shall be neeponsibb for the damage his craft may cause to the Marina apace fixtures.
20. CRAFT DETERIORATING IN SPACE -Any crab whlcFt becomes so badly deterioreted as to be likely to
damage arty other obJecta or vessels, or which might become a menalce to navigatbn, shag be removed
at once by the craft owner at his sole expense, or shall 6e removed by the Marina SuperntendeM at the
craft owner's expense,
21. CRAFT REGULATION EQUIPPED - Craft in the Cfty Marine shall be equipped according to the U. S.
Coast Guard regulations and operated according to the 'Rubs of the Road" and the navigation laws of
the United 8tetes.
22. BILGEWATER, OILS AND INFLAMMABLES - It is unlawful for any person to discharge or permft the
disoharge of any oily bilge water, oil or inftammabb liquids of whatsoever kind In the waters of the City
Marine.
23. GEARBOXES -Gearboxes may be rented from the City Marine or the space tenant may provide his own at
his assigned space, provided the design apeciflceflons are the same as provided by the Marina
Superintendent
24. PARIONG -All parking areas, indudirp parking iota and curb parking, aro for the use of the generel public
while Indulging in recreatlonal actlvities. The parking aroes are under the contro- of the City Marne
supervisory staff No owner, master, operator or any person kr cherye of any watercxaft shell direct,
order or request any other person .~ 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 3uperrrtendeM, in
vrrting, of any condiflons, defects, or failing of the tenam's alip/space, docks or other property that may
become haiardous andlor require repair or maintenance. Tenants shall also notify the Marina otfica of
any vandalism, theft, or other pending or committed crime In the Marina area.
SPECIAL REGULATIONS FOR CHARTER BOATS
1. CHARTER BOAT - A charter boat shall be defined as any crag which is for temporary charter, rent or
hire, and fs confmonly referred to as: Head boat, party boaE, party fishing boat, tour boat, sightseeing
boat, excursion boat or charter fishing boat.
2. IN ADDRION to the rules and reputations provided herein, a charter boat owner, master or operator
shall comply wRh each of the following apeclal regulations:
A) Purohase his own elechic meter and pay for all the etectricel use.
B) All signs, awnings and ticket lxxuha shall conform to the City Ordinances specifically written for
their control or they shall be removed, wthout 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-DIRLLIaa120115 Marina\Yadrt.Center.Marlne.apaca.Renlel.CoMract 5 year Ootobar 152obB.AOe
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1 T
Schedule of Marina Fees and Char~nes
(EMat:tive August 1, 2007; Adjusted Monthly Utility Recovery Fee Efhctive October 1, 4008)
Monthly Slip Rental:
Pleasure Craft on Piers A, B, C, D, E, F, G, H, L 8 LST35.26/Linear Foot (LF)
Pleasure Craft on Pier R $4.20/LF
Peasure Craft on Pfer M & MORF $4.OD/LF
Commercial Craft $8.86/LF
Late Fee, Monthly $50.00
Monthly Utility Recovery Fee:
pntdudse Wrbaes pldtup 7 dayahgsak end utility malyderlanca.) Pleasure SrOIIltDe6'Jil
Craft <= 20' LOA $7.75 $14.96
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 $106.75
Monthly Gear Box Rental: S5.o0/small; $6.o0/Large
Live Aboard Rental:
up to two occupards $75.OO/Month
Psr addldonel occupant owr two $26.00/Month
(Plus aMp rental kes, mordhty udllty rocovery lees, dodo box fees and all materod e~cVlcel use.)
MonNtiy Dry Stack Boat Rack:
Lower Level Berth $18.00
Other Berth $14.00
Monthly Dry Hard Stand Storage: $67.eo
Rates for Transient Craft.(Advance Payment Regmrod):
Commercal Craft $1.00/LF or $30.00/Ntght*
Pleasure Craft (t20 Days or Lees) - Ovemigh# $0.90/LF or $27.00`
-Weekly`` $4.20/LF or $128.00`
-Monthly*` $8.40ILF or $252.00`
Trailer/cry Boat Storege - Ovemigh# $7.00
-Weekly*` $35.00
-Monthly" $105.00
Utility Recovery Fae: Dual 30, Dual
(lndudes water, elactridty and garbage): 30 AmD 50 Amo 50 AmD 50/100 AmD
.E4•DIRWSe12009 MarinalYaMt.Center.Manna.epace.Renfal.CONrect 6 year October 16 200s.dOc
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Page 9 of 15
-Overnight $3.45 $8.90 $10.00 $12.50
- Per Week"" $18.10 $18.10 $18.00 $20.50
- Per Month"` $89.00 $89.00 $75.00 $65.00
- Ueape Over Minimum, $0.14lIN11H
Other Fees:
un.uthorl:ed crm: $5o.oolNlpht
Impound: $100.00
Marina Ana Rental: 50.01/SF/Day
SalUnp School Class (Per Student; Includes Book): $70.00
SaNiny School Book: - $15.00
SIB tNalting Lht (Non-Refundable): $25.00
'Whichever Is prosier. plus ulaty recovery he.
"Weekly b tisflnsd u seven con^ecutive Mphts; monthty is detlrtad ae thirty conosatpve niphie.
Schedule of Marina Fees and Charoes (Effective August 1,2007) (Corttinued-
BOAT HAULOUT FACILITY -ACTIVITY FEES
Emergency Services (Mmknum one Hot^):
Material Cost Plus 2096 3uroharge
Pump Out Equipment with Equipment Operetor $100.00lWour""""
Marine Vessel (rwo person team; non-emergency) $200.001Hour'"""
Other SBrVICes (MMimum One Hour):
Materials Costs Plus 2096 Surcharge
Labor Fee, On Land $50.OO/Nour"'""
Marina Vessei (Tv+o psroon te^m; non-smsryaney) $76.00/HOUr"""•
Bost Haul Out Facility: (Note: rrovsi Lpt united to M~dmam 15 tore cap^arcy>
haul Outlfioki In SlinpalLaunch (M^zimum one Hour} $150.00
haul & Bkrck (M^aknum one liotrr) $160.00
Launch (Per LM; ts^ximum One Hour) $150.00
Additlonai Hours} $50.00lHour
Contractors Administrative Fee pnaertmceRequlred>:
Annual Fee $20D.OD
Contractor Fee, Per Job $ 75.00
Pro Rata of Annual Fee (02/01-07/31) $100.00
Master Key Deposit (Refundable) $150.00 '
.EG•OIR1Lea12006 MarlnalVacht.Canter.Medna.Space.Rentel.COnlraot ti year October iii 20tlB.doc
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Page 10 of 15
Haulout Work Area Fees (mciudee spots and unlNks):
Requlros Oanerel PubXc LfWXky Inewanoe Mrrdng fhe CXy Addgknsl Insurod.
Tenant Vessel $S.OO/Day (01-10)
Tenant Vessel $15.OO/Day (11-30)""
Non-Tenant Vessel $15.00/Day (0-30)'""
Monthly Area Fees:
Mast Storage (LlmXed to servhx period for bone) $10.OO/Day (0-30)""
Boater Facility Meeting Room:
Rsqulros Spechl Event PennX. Rental, Thee How MlMmum $100.OOIHOUr
Mirador Rental: (Regalree PemtX)
Rental, Three Hour Maximum $30.00
Offer Fees:
Portable Pump Out Service: (one Hour MlrNmum) $25.00/Hour
Regetta/$peciai Event Rates (Requlros Spsaht Evert PsrmX or advance notice, m wrXing, from sponsodng yaatt club.
CXy/Msrina moat bs advsrtlsed a event sponsor as per Spsdai EwM Pett»X. Rsgsrdlsss d LOA.):
In-Water: 3 20 Participant Vessels
Plus Tralbr 8lorags Fees and Appllcabls UtXXy Reeovery Fes/Owrages $15.OOiNighWsasel
In-Water; 21+ Participant Vessels (Three Day EwMTerm)
Plus troXsr storage fees. Incweltre of appXceble utXity rowvery fee.
Plus charges for electrical uee exoeedin0 the Included utlXty rocovery fee. $15.OONesaellEvent
Support Vessels (Plus Utility Recovery Fee/Overage Charges) $15.00/Night
On-Land
Per Tagged VessellTrailer $5/Trailer or VesseBEvent
Established by Marina Storage Area $0.01lSF/Day
"'Rate intxaa9ec t10/thy upon each thirty (30) day increment.
"°'TemMe allowed one pump out or two ssrvkx per Warder year (up to 5300.00 maximum) at tw charge.
.EG-OIR1LIeet20o8 MarirtstYacht.Canter.Merlna.Space.Renlel.COniroct 6 year October 76 200e.tloe
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Page 11 of 15
EXHIBIT A
YACHTING CENTER CONSTRUCTION & OPERATION. The conceptual plane for the Yachting Center
are attached as icxhibit B. The folbwing addidonei 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 Clty Engineering Services Dept., and
Lessee, at Lessee's expense, hea obtained all required permits from Clty Devebpment 8ervioes Dept. and
any other entitles having jurisdiction, and Lessee and Leaeee'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. A copy of the insurance requirements for the constructbn
period are attached as an Exhibit Upon completion of constructbn, all improvements are donated to Cfty;
however during the term of this lease, Lessee is responsible for ell maintenance and repair to Improvements
constructed by Lessee.
(2) Ail improvements constructed by Lessee or Lessee's contractors on City property, inducting, twt not
limited to, the boat slips, pilings, boardwalk decking, etc., and all operetions of Lessee must comply with ail
applicable City Codes and ordinances and all appli:able Federal and State statutes and regulatbns.
(3) Lessee shall use the 15 boat slips located et the Peoples 3lreet T-head stem from slip number 70
westward tenninaing et the west bulkhead for a floating barge for the operetbn of a yachting center, sailing
school, charter boats, boat brokerege, gift and sundries shop, room rentals, and related activities, and for no
other purpose unless approved in advance in writing by the Marina Superintendent Lessee also may sell
food that requires minimal on-site proparetion and non-alcoholic beverages to the public.
(4) Lessee at Lessee's expense shall install pilings to axommodate and secure the Flowing Barge.
(5) Lessee at Lessee's expense shall replace the damaged pilings along tits Boardwalk commercial slips
es necessary to accommodate the fishing vessels westward of the selling school. The pilings are located
along the north side of the boardwalk, as identified by the Marina Superintendent.
(6} Lessee at Lessee's expense may replace the Boardwalk decking in the front of the Floating Berge 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.
(B} During the Texas Intemaional Boat Show or other City-approved events,_ the Barge and sailing school
and charter boats will move OR the bargeoffice /school will be used for Boat Show office during Boat show
period.
(g) All signage must be in compliance with City Codes.
{10) Lessee shell be responsible for all maintenance of improvements censtructed for the benefit of the
Yachting Center, including maintenance of improvements to provide electrical and sanitary sewage to the
Yachting Center. Lessee shelf 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.
:\lEG-DIR\Llea12005 Matins\Yachl.Cellar.MarinaSpaee.Rentel.COntracl5 year October i!i 7A05.doc
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Page 12 of 15
(13) Lessee shall provide fresh cans in number and bcadon as Marina Superintendent. Lessee is
responsible to keep area clean and remove trash daily which accumulates 1n the Lessee's area. Lessee
shall not obtain separate dumpster without approval of Marine Superintendent.
-EG-DIRILISa12008 MarinalYacht.Cellar,Merlne.Space.Rentel.COnlract 6 year October 75 2008.AOc
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page 13 of 15
INSURANCE REQUIREMENTS -Exhibit A-1
YACHTING CENTER OF CORPUS CHRISTI. LLC'S LIABILITY INSURA CE
A. Yat~Nng Center of Corpus Christi, LLC must not commence work under this agresrtbr-t until all insurenr~ required
herein has been obtained and such insurence has been approved by the City The Yachting Center of Corpus Christi,
LLC must not albw any subrantrecmr to commence work urdY all similar insurance raqulrod of the subcontractor has
been so obtained.
B. Yachting Center of Corpus Christi, LLC must fumfsh to the City's Rlek Manager or designee, iwo {2) copies of
Certificates of Insurance, showing the folbwing minimum coverage by an insurance company(s) eccaptabb to the
City's Risk Manager. The Ctty must be named 86 an addfdonal insured for the General Liability policy and a blanket
waiver of subrogation is required on alt applicable polies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
SOtlay.wrlNen notice of cancellation, material change, Bodily InJury and PropsAy Damage
non-rsrwwel or termination is required on aN Per occurrence /aggregate Nmft
certificates
Ocean Marine Coverage $1,OOD,ODO per occurrence form
1. Marine Owners Liability coverage 5260,000 Damage to Premises rented to you
2. Premises Liability -Broad Form General Liability $5,000 Medical Payments
3. Produote/ Compbted Operations
4. Contractual Liability
6. Personal InJury & Advertising Injury
8. Fire Legal Liability
Commercta{ Property Lessee is responsible for their own Insureble Interests in
their property
Legal Liability coverage to include value of leased area $260,000
Ordinance or Law Coverage
r
Time Element -Leasehold interest b
Inlaruf Marine i Builders Risk In amount of value of the (loafing barge
Protection 8 Indemnity (P & t) $1,000,000 lYYhen appBpbb)
Improvements and Betterments (as per Exhibit A)
Environmental Impairment Liability -Broad form pollution $9,000,000
liability coverege
Business Auto Liability to include Hired and Non-owned $1,000,000
Auto Liability
.EO•DIR1LISa12008 Marina\YecOl.Cantor.Marlne.Spece.ReMal.COntrect 5 year Odobar 16 2008.tloc
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Page 14 of 15
Workers Compensation
USL8H
Employers Liability
$500,000
C. In the event of accidents of any kind, Yachting Center of Corpus Christi, LLC must famish fhe Risk Manager with
copies of all reports of such acddenffi wthin ten (10) days of the accident.
Secdon 1.01 ll. ADDIT/ONAL REQUIREMENTS
A. If applicable, a9 stated in Section I-B, Table, YachBng Center Of Corpus Chrsti, LLC moat obtain the
eppNcebie workers' compensation coverage ar martdme exposure proleotkm for its employees through a
Iloensed insurance oomparry In accordance wkh Texas Isw. The contract for coverepe must be written on a
policy and wflh.endorasmentsepproved by the Texas Department of Inaurence. Ths coverepe provided
moat be to an amount suf8cisrrt to assuro that all workers' compensation oblations Incurred by Yachting
Center of Corpus Christi, LLC will bs promptly met.
B. Lessee's flnencial integrity is of interest to the City; therefore, subject to Lessee's right to maintain
reaeonebk deductitllea ~ such amounts es are approved by the City, Levee shall obtain and maintain in
full force slid effect for the duration of this Contract, arxt any eocbansion hereof, at Lsssne'a sole expense,
Insurance coverege written On an orx:urrsnoe basis, by cmnpaniea authorized and admk6ed to do
business in the State of Texas and with an A.M. Best's rating of no less then A- (vlq.
C. The City shall be entitled, upon request and witltout expense, to receive copies of the polies, declarations
page and all endorsements thereto u they apply to the limits required by the City, and may require the
deletion, revision, or modtncation of partkxrlar policy terms, conditions, Iimltptiorre or exclusions (except
where policy provisions are eatabgshed by law or regulation binding upon eftlrar of the parties hereto or
the underwriter of any such policbs).Lessee shag be rpufred to comply with any such requests and shall
submit a copy of the replacement cardflcats of insurence to Cky at ttre address provided below within 9 0
days of the requested change. Lessee shall pay any coals incurred resulting from said changes. All notices
under this Article shall be given to Ctty at the foibwing address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78489-9277
(381)826-4555- Fax #
D. Lessee agrees that with respect to the above required insurance, all insurance polkties are to contain or be
endorsed to contain the following required provisions:
• Name the City and its oftlcers, offiaals, employees, volunbeere, and ekchsd repredentatives as
additional insured by endorcement, ae respects operations and activities of, ar on behalf of, the named
insured performed under ~ntract with the City, on the Ocean Marine Coverage and Business Auto
Liabilky coverege.
a Provide for an endorsement that the "other insurence" clause shall not apply to the City of Corpus
Christi where the City is an additional insured shown on the policy;
® Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
.EG•DIRWaet2008 MarlnalYacht.Center.Marina.Spaca.Rental.Conlroot 6 year October 16 200e.tloe
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Page 15 of 15
• Provide thirty (30) calendar days advance written notice directly to Cky of any suspension, cancellation,
non-renewal or material change in coverage, and not less than ten (f 0) calendar days advance wrttben
notice for nonpayment of promium.
E. 1Nithin ifve (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder
shall provide a replecernerd Certificate of Insurance and applicable endonemerrts to City. City shell have the
option to suspend Lessee's psrtorrnarnx should there be a lepse le oovsnps at any time during tlik contract.
Failure to provide and to maintain the required insurance shall constltuta a matmlal broach of thh contract
F. In addHion to any other -emedfes the City may have upon Lessee's failure to provide and rnelMain any
insurance or policy endorsements to the extent and within the tine herein required, the City shill have the right
to order Lessee to stop work herounder, and/or wNhhold any payment(s) which become due m Lessee
hereunder until Lasses demonstrates canpllance witlt the roquiroments hereof.
G. Nothing herein contained shell be construed as Iimldng in any way the extent to wh~h Sutxesstul
Bidder may be held responsible for payments of damages to persons or property 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 wNh respect to any
Insurance or self insurance carrled by the City of CoriwB Chrtati for Ilebility arising out of operations under
this contract.
I. his understood and agreed that the fnsurence required fs in additlon to and eeparete from any other
obligation contained in this contract.
NOTE: Tha limits and types of coverages are subJect to adJwtmeM H upon rsvlew of psrmk appllcatlon,
k le dstsrminod that the actlvky under thle psrmk roqulros Incroassd Nvels and typo of ~vsrapes.
2008 Yachting Center CC, LLC. ins. req.
t3-29.08 ep Risk Mgmt
.EG-OIRILIwt2008 Merlna\Vecht.Cenler.Merlna.Spaq.Renlal.COntrect 6 year OctoMr 16 2068.dx
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