HomeMy WebLinkAboutC2008-462 - 12/9/2008 - ApprovedPage 1 of 94
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CITY OF CORPUS CHRISTI, TEXAS
MARINA SPACE RENTAL CONTRACT
Deb Contrail $brts:
Name of Craft: Yaehtlny Gnbr School Boob
Make of craft:
Type o} Crag:
Year: Length: aeslri:
state or Doeumentstl No.:
Port or Dooumentatlon:
5S#
LMSee Name: ~oMirm Gnbr of Carpus Chrlsll. LLC
Home Addnei:
Bustmp Addnp:
Phone: Moms:
ewt GpfNn's Phom:
Lone and eneumbranou Upon Abow Crag:
98pJSpeoe No.: 15 boat skps On Peoples Street T-Head, No. 70 esetwM, brmkwtplp at west buahead q depicted on attached ExNbk1
Qpr Nlmt No.: M -
nnomhy Space Renbt $• Monthy Gear Sox Rental, $_ Tobl: $_ Deposit: $ In accordance wkh Cly of corpus Chrisll
City Ordina~se
" 58.95 per Nnaar toot of dolt span oemmerzl sqe nrdsl rotas oR~s other eooNcahM tees deaoribed an the attached Exhibit 2. as
~^a!~ In aocardenre evNh C~!v of C~ml: Gt!!~"a Gkv OMirunras.
The City of Corpus Christi, Texas, a municipal corporation situated in Nueces County hereinafter Caged "City",
hereby Ieasett to Yschtlna Center of Copus ChHstl. LLC. hereinafter called "LESSEE`, for a term of fourteen
years 8 months from the starting date, the sgplspace and gearbox, 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 farms and considerations:
1. Marina FacilRles. City shall provide slip/space, facgitiea, and services for the storage of lessee's watercraft
and parts end equipment thereon as described above. Provided, however, during spedal events, construction,
repairs, and other similar activities, for periods not exceeding 30 days annually, the Superintendent may require
Lessee to move to snottier sgp/apace.
2. Rental. Lessee shall pay the above described rent end deposft, representing "flreY and "IasY months rent,
upon execution of this tmntract. Subsequent monthly rent payments shall be made on the first day of each
month; payable to the City of Corpus Christi, Collections Section, at 1201 Leopard Street, or to P. O. Box 9277,
Corpus ChHSti, Texas, 78489. If the first day of the month fags on a weekend or a holiday, payment shell be
made on or before the first business day of the month. The deposg, which represents the "last" month's rent,
may be fortelted when the Lessee vacates his assigned sliprapace whhout giving the Marina Superintendent
thirty (30) days written notice of termination and/or when any part of the rerrtal becomes delinquent as described
below. The deposit shag be refundallle only under the conditions described in Ord'martce No. 1387'1; Section
3(d), 9-10-77, ae amended.
3. 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 Lesf~ee shall be given written notice thirty (30) days in advance of
the date when rent under the new rental rate is due end payable. Lessee will ako be requires to deposit an
additional amount whenever the rental rate is Increased.
4. Mmgl CertifN~on. Within one month following the execution of this ie~e, Lessee Mall establish to the
reserves the right any thne to "spot dleck° and ascertain ownership of the watercraft In fha slip assigned above
5. Errtoffrefrtent Ltefts. Lessee does hereby agree to make current payments of sgp rents, meter charges (If
appged), and be liable for any intentional or negligent damage to City's property andlor equipment. Should
eltiter delMgwncy of -wft payment and/or dhmaye to fhe City's property or egalpmart occur, Lessee, In
conahteretlon titereof, shell, tvlthout nrservadon, recourse or otifer condltiab automatically grant to tits
Gty, a prior lle-t atialnst Lessee's waterorett and elf parts and aqu/l>'ment thereon, to satisfy and/or
secure the City fn said cldm a17d the payment thereof. A Jien, having been placed on the watercraft, shall
preclude Le_acwn'e rinl++ +~ remove said craft or any parts and equipment thereon from the premises of the
2008-462
12/09/08
Ord. 027969 tantal.ConVact 16 year October T 200e.doc
Yachting Center of CC -44-
Page 2 of 14
Corpus Christi Marina until said lien has been satisfied by payment in cash, cashier's check or money order.
This lien shall be in additbn to all other Bens and remedies provided by law. Seizure and foroclosure of lien sate
by the City may be executed by the City as outlined herein. M hz spscHkaUy agrwd that f1-e use of slip,
doelrape, atowape, water, and elsctrfclty provided puneuurt to thht apnemsnt are provided to the
rvatsrcraft for the credit o/ saki cnHt, and h b understood befwesn the pardss hereto that tM City is
relyln8 pdmarlly upon the credit of the watercraft for the anioroamer-t of its ch-im for tllp rental
payments, or other soma due and ow/np, and that h hr the further Intsntfon of Nw parties that a maritime
Ilan or liana arhe out o/ tlx+ provkNnp of stoaayls, doclpips, or oNrar as-vlce auppNsd to the craft, and
that the Ck1' does not by thhr Corrbect or ofhsrsrlse Mtend to walvo Its antltlsmsnt of a nrsrldms Nan.
Documented vessels are subject to the Ship Mortgage Act, Its amendments, and gsnerei maritime law.
B. Dsllnqusncy. 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. The then-current late charge shall be added to a
slip rents{ account which has not been paid prior to the close of business on the fifteenth (15th) day of the month
for which the slip rental is due. If payment is made by mall, the envelope containing the payment must be
postmarked not later than geld fifteenth day of fhe month. When d,e fifteenth day of the month falls on a
weekend or a holiday, the late charge will be in efiiBCt on the next business day. Continued delinquency at thirty
(30) days shall effect automatic application of Lessee's deposit for non-payment of the rental due for said
delinquent period. Sixty (80) days peat due shall prompt a written notice, by the City to Lessee, that the City
does place a tlen upon the watercraft and all parts and equipment thereon for all charges due the Cily under this
agreement. At that time, the cfty shall also publish pubic notice of public audlon m seu said craft in fi,irty (30)
days in satisfaction of said lien, pureuant to the rubs and notkxes required for a sale of Me properly under
SppUCable federal, state, ar local law. Should mid sales of the craft be neoeasary, Lessee does hereby
authorize the City to seize, remove and deliver said aaft, without judicial process, for monies to satisfy any
indebtedness and collection costs owing to the City to discharge the Ilene, either marHime, statutory, contractual
or otherwise, granted herein or existing at law or In equity, and to pay prior or other existing hens, !f any, as their
interests may appear. Any balance of morales after said claims have been paid, shall be paid to Lessee.
7. Inspection of Craft During Delinquency. In the event any rent owing to the City by Leases becomes
delinquent, but prior to the ninetieth (90) Consecutive day of delinquency, Lessee retains the right to board hie
craft during reasonable hours when accompanied by a representative of the City Marine staff in order to inspect
the creft. Thereafter, Lessee relinquishes all rights to ba upon the docks, piers, andlor catwalks of the Marina,
as well as upon said Craft.
a. Release of Liability. Lessee agrees to release, indemnify, and "hold harmless", the
Gity, of and from any and all claims for damages, losses, expenses and costs, of any
nature, arising by reason of use of the rented slip/space, adjacent docks, pilings, piers,
and all other property of the Clty. Additionally, Lessee must Indemnify and hold Gity,
its officers, employees, or agents, ("Indemnitees"), harmless of, from, and against ail
claims, demands, actions, damages, losses, costs, Ilabilities, expenses, and
judgments recovered from or asserted against Indemnltees on account of injury or
damage to pereon or property to the extent any such damage or injury may be Incident
ta, 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 agsrrts,
servants, employees, contractore, Patrons, guests, Ilcenseas, or invitees entering
upon the premises leased or used by Lessee, ("Premises"), or using any of the
~a„t.•~ ....,..r.m.r r.y_~s~~ or-which-may arise or which-may-be-alleged-to-have-
arisen out of or in connection with construction of improvements pureuant 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, corttractore,
patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of
any kind, or when any such injury or damage may in any other way arise from or out of
the construction or use of~improvements located on the Premises herein or out of the
use or occupancy of the improvements to the Premises or the Premises itself by
.E6-DIRILIae12008 Medne\Yachl.Canter.Madna.Space.Rental.Conlract 76 year October 7 20ca.doc
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Page 3 of 14
Lessee, its agents, servants, employees, Contractors, patrons, guests, licensees, or
invitees. Lessee covenants and agrees that if City is made a party to any Iitigatlon
against Lessee or in any litigation commenced by any party, other than Leases relating
to this Agreement, Lessee shall defend City upon receipt of reasonable notice
regarding commencement of such litigation.
9. Compkanoe with Lawn, Rules, and Regulations. Lessee agrees to compy wkh and be governed by,
applicable federal, state, and kraal laws, rules and regulations, including Chapter 12 of the Cky of Corpus Chrlati
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 code. Current Marina Rules and
Regulations are attadred.
10. TsrminaNon. This Contract shell continue in force unless terminated by the City Council or unless
terminated by ether party in the fdbwing manner:
a) This wntred may be terminatstl by Lessee giving the Marina Supedntendent thirty (30) days wriken notice In
advance of termination, provided Lessee's rental payments and other charges aro timely paki. Thle rrotke shall
be delivered to the Lawrence Street T-Head office, or mailed to the Marina Superintendent at P. O. Box 9277,
Corpus Chrtsti Texas 76489.
b) 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 fails or refuses
to comply within 30 days attar receiving written notice of fire oblation of recommended cure.
11.Sublssse. Lessee may not assign this lease to another. Lssaee may not sublet the sltp/apace herein to
another wkhout the written consent of the Marina Superintendent as to some maximum duretbn, and the
payment, in advance, by the sub-Lessee, of an amount equal to the sum of all rental payments for the spedfled
maximum duration of the subease. Said amount shell bs applied ~ a cradle tb the account of the Lessee. Sub-
Leesee shall be bound by all the terms of the Lessee's Contract except es speciflcaky modified by the sublease
agreement A writlen sublease agreement must be executed in order b create a sublease. The Cky may, upon
approval of the Lessee, provide aSub-Lessee. An approved sublease shell in no way divest, preclude, or
projudica Lessee's rights and claims under the terms of this lease.
12. TranaleM CreR. In order for the Cky to be cognizant of the avallebAity of slips for transient waft use, Lessee
shall notky the Marina Superintendent when Lessees expects to have his craft out of his slip/spaoe for more
than ttve (5) consecutive days. However, failure tD give the nofkicatlon .shall not oonstkute a defauk under this
Contract. A transient craft owner or operator shall not be considered a sublease unless the requirements of
paragraph 11 are met.
13. In The Event of Hurricane Thmt. Lessee will make pre-arrangements to remove or have removed his
craft from the Cky Marina in the event there i6 a threat from huMcane, and agrees to compry with the_hunicane
procedures that the Cky Marine Superintendent prescribes.
14. Notice. Any notice to Lessee under this Agreement shalt be complete upon placing it in the mail to either
address given above, or to an amended address submitted by Lessee In wrking.
16. NO LIVEABOARDS.
18. Irnurance. Lessee agrees to maintain insurance as required by Exhibit A-1, Cky of Corpus Chrlati Risk
Management peparbnent, naming dry as arbikorrel insured.
17. YACHTING CENTER I:ONSTRUCTION 6 t7PERATION. Lessee agrees to perform construction and
operations in arxxxdarrce wkh attached F_xiribk A.
sprees to pay caskets /off -publication as required by City Charter.
EXECUTED this day of ~. `~i1hX~(. 2008
.E6•DIR\Llea\2D09 Manna\YacM.Center.Marina.Spa~.Rental.Contract \5 year OCtober7 2008.AOc
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Page 4 of 14
CITY OF CORPUS CHRISTI, TEXA8
ATTEST:
Armando Chapa, City
CI7Y OF CORPUS CHR1371
City ager
APPROVED AS TO LEGAL FORM I~~» IflF
~.~ ~~A
Liea Aguilar
Assistant City Attomey
for City Attorney
LESSEE Yachting Center of Corpus Chrlstl, LLC
Signature:
Name: W l l i h. D. ~ i ~
rive: M~~ Mew, lug
~~:,,~`~~. ~urlioelz~
er eounca ~ b Dg
~~
SECRETARY ~J•
Date: ~`~
.EG•DIR1LIea1200a MaAna\YaditCentecMedna.Spaee.RenULContracl 76 year OcOOber 7 200a.doc
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CITY OF CORPUS CHRISTI, TEXAS
CITY MARINA RULES AND REGULATIONS
1. PENALTY FOR VIOLATION - The rules and regulations contained herein ere the policies and ordinances
of the Corpus Christ) City Marina. Violation of any of these provisions carries a fine not t0 exceed Two
Hundred ($200.00) Dollars, plus possible bss of space privileges. Upon ttre refusal to complywith a
lawful order of the Marina Superintendent anchor 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
pereon refuse the order, the wateroraft may be removed by the Madna Superintendent.
2. USE OF UTILITIES -Excessive and/or negitgent use of electricity or tap water, as determined by the Marina
Staff, will ceuse metering of ttte utility and the space tenant shall pay an additional coat for the use, as
well es the cost for the metering device.
3. CRAFT PROPERTY TIED -All waft shalt be berthed w(th proper tyre and be seatred to Its moorages with
good line and shall be maintained at all times wiNt respect to safety and appearance.
4. NO BATHING, SWIMMING -Entering the waters of the City Marina for the purpose of bathing, swimming
or wading is prohibited due to the danger of moving watercraft.
5. NO TRASH OVERBOARD - Trsah, retuae or waste of any kind, including the overboard flushing of heads
or holding tanks is not permitted Inside the rock breakwater of the Cfty Marine.
B. SPEED UMR - 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 Nmit which will leave no
wave action tram their craft Craft operators are liat>te for the damage caused by wave action from their
creft. No speedboat contests are permitted within the water areas protected by the City Marina rock
breakwater.
7. CATWALKS, BULKHEADS KEPT FREE OF MATERIALS - Matedals, trash and/or equipment left upon
the docks, catwalks and bulkheads wiN be removed, wNhout notice, by the Marina Stag. 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 ttte L-Head and T-Heads as
a dwelling plats for any length of time, whether the person be in a vehicle, bent, improvised shaker, or
wNhout shelter. An overnight stay shah constitute using the land area es a dwelling place.
9. NO WATER DWELLING - No watercraft whatsoever wh~fr is being used by the person or persona aboard
as a dwelling place shall be permitted to moor, tie-up or anchor wllhin the protected waters of the City
Marina, except regular space tenants and registered transient craft shall be permitted to stay aboard
their craft for flue (5) consecutive days only, provided their craft is equipped wNh a holding tank or the
shore restrooms are used, and provided a permN is dbtained from the Marina Supervisor.
10. NO BOAT REPAN2 AT SPACES - No owner, master, operator or his agent, of a watercraft is permitted to
make major hull and/or superstructure repairs while berthed at the space without written permission
from the Marina Superintendent who has authority to orderthe termination of the work.
t 1. NO PARKING OF TRAILERS AND VEHICLES - No pereon shalt leave or cause to be left any trash,
material, object, vehicle, trailer or equipment upon the land areas of the L-Head and T-Beads without
prior written approval of the Marina Superintendent.
12. NO SIGNS AND AD1fHtT'ISENIBdT3 - No signs and/or advertisements of whatsoever kind shell be
permitted within the City Marina including all land and water areas, without prior written approval of the
AAarina SueariptendenL--_--......
13. NO FISH NETS AND TROTLINE8 - jt shall be unlawful to seine for marine Iffe, drag a net; set out a trotline
or sail Ilne, in any of the water areas of the City Merino bound by the rock breakwater.
14. NO TRESPASSING - No person is to be upon any craft, its dock and bulkheads except the apace lessee,
their guests or agents or persons in the employ of the Cky for business therein.
15. NO FUELING AT 8PACE8 -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 sitemate fueling sites Sa designated by
the Marina Superintendent.
.EO•DIR\Uea\2008 Marina\Yacht.Center.Marlne.Spece.Rentet.COntrac116 year October 7 2009.tloo
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16. ASSKiNMENT OF SPACE8 -Upon first arrival, the craft owner or operator must report in to the Marina
Office to be assigned a space:
17. SPACE ASSIGNED TO SPECIFIC CRAFT -Space is assigned to a specific craft and a specffk: owner.
Any change of the owner's craft requires immediate notiflceUon of the ofNca of the Marina
Superintendent.
18. LdNIT TO NUMBER OF SPACES RENTED - No more than five (5) spaces shall be rented at a time, by any
person, firm, organ'IZaUon or corporetion without special agreement In wriing by the Marina
Superintendent, tits City Manager or City Council.
19. DAMAGE TO MARINA FACILITY -The owner or owners of any watercraft, whether operated by him or his
pNot, shall be responsible for the damage his craft may cause to the Marina space fixtures.
20. CRAFT DETERIORATING IN 8PACE -Any craft which becomes so badly deteriorated as to be likely to
damage any other objects or vessels, or whk:h might become a menace to navigatbn, 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 REGULATION EQUIPPED - Craft in the City Marina shall be equipped accordkng to the U. S.
Coast Guard regulations and operated according to the "Rules of the Roed" 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 )n the waters of the Ciry
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 specificretlons are the same as provided by the Marine
Superintendent.
24. PARKING - All parking areas, Including parking lots and curb parking, are for the use of the general public
while indulging in recreational activities. The parking areas are under the control of the City Marina
supervisory staff. No owner, master, operator or any person in charge of any watercraft shall direct,
order or request any other person to refrain from parking any vehicle in any of the designated parking
placres of the Marina L-Head ahd T-Heads.
25. NOTIFICATION OF HAZARDOUS CONDITIONS -Tenants shall notify the Marina Superintendent, in
writing, of any conditions, defects, or failing of the tenant's sliplapeoe, docks or other property that may
become hazardous andlor 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
1. CHARTER BOAT - A charter boat shall be defined as any craft which is for temporary charter, rent or
hire, and ie commonly referred to as: Hard boat, party boat, party fishing boat, tour boat, sightseeing
boat, excursion boat or charter fishing boat.
2. IN ADDRION to the rules and regulatona provided herein, a charter boat owner, master or operator
shall comply with each of the folbwing special regulations:
A) Purchase his own electric meter and pay for all the electrical use.
B)
C)
All signs, awnings and ticket booths shall conforch to the Gify 6rdlnsnces specifically wrtttenior
their control or they shall be removed, without notice, by the Marina Supervisory Staff.
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.
.EO~DIR\LIse1200e Marina)Yacht.Center.Merina.Space.0.enlel.Contwct 15 year October 7 2008.doc
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Page 8 of 14
2
Schedule o1 MaNna Fees and Charges
(Effective August 1, 2007; Adiuatsd Monthy Utility Recovery Fee EAectlvs October 1, 2008)
Monthly Slip Rerttal:
Pleasure Craft on Piers A, B, C, D, E, F, G, H, L & LST$5.25/Linear Foot {LF)
Pleasure Craft on Pier R $4.20/LF
Pleasure Craft on Pier M & MORF $4.OO/LF
Commercial Craft $8.85/LF
Late Fee, Monthly $50.00
Monthly Utility Recovery Fee:
(Indudss garbage pkHcup 7 days/week and ulllhy meintenpnoe.) p~pj~g Commercial
Craft <= 20' LOA $7.75 $14.95
Craft >20'but X30' LOA $14.35 $20.40
Craft >30' but <=40' LOA $27.35 $31.20
Creft >40' but <=70' LOA $49.45 $52.10
Craft >70' but <=100' LOA $67.80 $78.45
Craft>100' $90.85 $108.75
Monthly Gear Box Rentai: sfi.oo/smell; S5.o0/Large
Live Abosrti Rental:
up to two oxupante $75.00/Month
Per arkiklonal occupant over two $25.00/Month
(Plus SIB rontel fees, monthly artily rowvery tees, dodo box rasa and ell metered ebddcal uee.)
Monthly Dry Stack Boat Rack:
Lower Level Berth $18.00
Other Berth $14.00
Monthly Dry Hard Stand Storage: $37.eo
Rates for Transient Craft (Advance P.ymeM Regalrad):
Commercial Craft $1.00/LF or $30.00/Night"
Pleasure Craft (120 Days or Less) - Overnight $0.90/LF or $27.00"
-Weekly'" $4.20A.F or $128.00`
- Monthly"" $8.40lLF or $252.00"
Trailer/Dry Boat Storage - Overnight___ X7.00_ __
-Weekly'' $35.00
- Monthly' $106.00
Utility Recovery Fee: Dual 30, Dual
(Includes water, eleddciry and garbage): 30 AmD Am 50 Amo 50/100 AmD
-Overnight $3.45 $8.90 $10.00 $12.50
.EG-DIRLLISe12008 MadnelYaehl.CenMr.Merlne.Space.Rantel.COntraot 16 year October 7 2009.doc
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Page 9 of 14
-Per Week'"' $16.10 $18.10 $18.00 $20.50
- Per Month'" $68.00 $89.00 $75.00 $85.00
- Usage Over Minimum, $0.14/KWH
Other Fees:
Unauthorltud Cratt: $50.00lNight
impound: $100.00
Marina Ana Rental: $0.01/SF/Day
Balling School Class (Per Student; Includes Book): $70.00
Sailirg School Book $15.00
Slip Waiting List (Non-Refundable): $25.00
'Wh~hsvsr h greWer, plus utulty recovery tee.
"W/eekly k defined as seven coneecugve nights; monmty la defined p Thirty consacWlve nights.
Schedule of AAarina Fees and Chart>I~ (Ettactive August 1, 2007) (cordinued)
BOAT HAULOUT FACILITY -ACTIVITY FEES
Etn@rgenCy Services (Minimum Ons Hour):
Materiel Cost Plus 20°h Surcharge
Pump Out Equipment with Equipment Operator $100.00/Hour""
Marina Ves9el (Two person uam; non~emergency) $200.00/Hour"""
Other $eNices (Minimum Ona Hour):
Materials Costa Plus 2096 Surcharge
Labar Fee, On Land $50.00/Hour"`""
Marina Vessel (Two peroon team; nomemergancy) $75.D0/klour"""'
BOat Heul OUt Fecillty: (Note: Travel Lift Limited to Maxhnum 15 Ton Capeclty)
Haul Out/Hold in Slings/Launch (Maximum one Hour) $150.00
Haul 8 Block (Maximum One Hour) $150.00
Launch (Per Lin; Maximum One Hour) $150.00
Addhional Hour(s) $50.00/Hour
Contractors Administrative Fee pnsurence RegWred): __
Annual Fee $200.00
Contractor Fee, Per Job $ 75.00
Pro Rata of Annual Fee (02/01-07/31) $100.00
Master Key Deposit (Refundable) $150.00
Haulout Work Area Faes (Includes space and utlnties):
Requlrea Oenerel Public Liability Insurance naming the City AddiSOnal Insured.
.8G-DIR1LICa1Y00e MarinalYaeht.Center.Maane.Space.Renul.Conlnct 16 year October 7 20aa.doc
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Page 10 of 14
Tenant Vessel $5.00/Day (01-10)
Tenant Vessel $15.OO/Dey (11-30)"'
Non-Tenant Vessel $15.00/Day (0-30)"'
Mondtly area Fees:
mast Storage (Llmksd to eervfce pedod for boab) $10.00/Dey (0-30)""
Boater Facility Meeting Room:
RequNes Spechl Evert PermR Rental, Throe Hour Minimum $100.00/HOUr
Mirador Rental: (Requires PermiS
Rental, Three Hour Maximum $30.00
Other Fees:
Portable Pump Out Service: (One Hour tlstnimum) $25.OOFHour
Regatta/$peclai Event Rates (Raquiroe Specw Evert Pemdt or advance rwOce, in wdtlng, from sponsoring yacht club.
Cityfl~latina must 6a sdvertised u evert sponsor as per Spsclel Event Pemlit RsgeMkas of LOA J:
in-Water: 3-20 RarticipaM Vessels
Plus Trailer Storage Feet end Applicable Utility Rewvery Fee/Ovaragea $16.00/NlgfitN86S8I
In-Water: 21+ Participant Vessels (Three nay Evert Term)
Plus treller storage tees. Inclusive of applicable udlNy recovery fae.
Plus charges for eleclrfcal use sxwedfng IFIe included utOfty recovery fee. $15.OONessellEVent
Support Vessels, (Plus Utility Recovery Fee/Overage Chargesy $15.OOINIght
On-Land
Per Tagged VesseUTrailer $5/Trailer or VesseUEvent
Established by Marina Storage Area $0.01/SFIDay
'°Rate Increases 510/day upon each thirty (30) day increment.
''""Tenants allowed one pump out or taro service per wbndar year (up to 5300.00 maimum) et no charge.
.EG•GIRU.Isat2006 MarlnaNacM.Center.Medna.Space.Renletooniract 15 year October 7 7Aee.dx
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Page 11 of 14
EXHIBIT A
YACHTING CENTER CONSTRUCTION 8 OPERATION. The conceptual plans for the Yachting Center
are attached as Ex ' i The following additional provisions govern construction and operation.
(1) Construction for the dockage and mooring shall not begin until the plans and speci}icatione have
been submkted to and reviewed and approved by the City Marine Superintendent and CRy Engineering
Services Dept, end Lessee, at Lessee's expense, has obtained all required permits from City
Development Services Dept. and any other entities having jurisdiction, and Lessee and Lessee's
construction contractor have obtained all insurence as required by Cfty Director of Risk Management,
and Lessee has obtained all performance and payment bonds as required by the City Attorney. A Dopy
of the Insurance requirements for the twnstruction period are attached as an Exhibh. Upon completion
of construction, ail improvements are donated to Ctty; however during the term of this lease, Lessee is
responsible tw all maintenance and repair to Improvements censtructed by Lessee.
(2) Ali Improvements constructed by Lessee or Lessee's contractors on Clty property, (ncluding, but not
IlmRed to, the boat slips, pilings, boardwalk decking, etc., and all operations of Lessee must comply with
ail applcable City Codes and oMinances and all applicable Federal and State statutes and regulations.
(3) Lessee shall use the 16 boat slips located at the Peoples Street T-head stem from slip number 70
eastward terminating at the west bulkhead for a floating barge for the operation of a yachting center,
selling school, charter boats, boat brokerage, gift and sundries shop, room rentals, and related
acOvHies, and fw no other purpose unless approved in advance in writlng by the Marina Superintendent.
Lessee also may sell food that requires minimal on-she preparation and non-aicroholic beverages to the
public.
(4) Lessee at Lessee's expense shall install pilings to accommodate and secure the Floating Barge.
(5) Lessee at Lessee's expense shall replace the damaged pilings along the Boardwalk commercial
slips as necessary to accommodate the fishing vessels xrestward of the sailing school. The pilings are
located along the north aide of the boardwalk, as identified by the Marina Superintendent
(8) Lessee at Lessee's expense may replace the Boardwalk decking in the front of the Floating Barge
as per request of Marina Superintendent.
(7) Lessee at Lessee's expense shall construct improvements to the sewage and electrical service
serving the Yachting Center to comply with requirements of City Codes.
(8) During the Texas International Boat Show or other City-approved events,_ the Barge and sailing
school and charter boats will move OR the barge office /school will be used for Boat Show office during
Boat show period.
{9) All signage must be in compliance with City Codes
(10) Lessee shall be responsible for all maintenance of improvements constructed for the benefit of the
Yachting Center, including maintenance of Improvements to provide electrical and sanitary sewage to
tnP varhtfng_Cenber._Lessee~hell_maintain docks associated with slips rented under this~ont[act
(11) Lessee pays for all utilities.
(12) Lessee shall have the non-exclusive use of the boardwalks and decks adJacent to the slips leased
(13) Lessee shall provide trash cans in number and location as Marina Superintendent. Lessee is
responsible to keep area clean end remove trash daily which accumulates in the Lessee's area. Lessee
shall not obtain separate dumpster without approval of Marina Superintendent.
;LLEG•D1RlLiaa12008 Marine\Yecht.Center.Madne.Space.Renlal.Contract tb year OGOber 7 2008.doc
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Page 12 of 14
INSURANCE REQUIREMENTS -Exhibit A-1
YACHTING CENTER OF CORPUS CHRISTI LLC'S LI BILITV INSI IRANr:F
A. Yachting Canter of Corpus Christi, LLC must not commence work under this agreement until all insurance required
herein has been obtained and such insurence has been approved by the City. The Yachting Center of Corpus Christi,
LLC must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has
been so obtained.
B. Yachting Center of Corpus Christi, LLC must furnish to the City's Rhk Manager or designee, two (2) rwpies of
Certificates of Insurence, showing the following minimum t~verage by an insurance company(s) acxeptable m the
City's Risk Manager. The City moat be named as an addftional Insured for the General Liability policy and a blanket
waiver of subrogation is required on all applicable policies.
TYPE OF IN8URANCE l1AWIMUM INSURANCE COVERAGE
80-day written notice of cancsllatlon, mabriai change, BodNy htjury and Property Damage
non-ren~ral or brmination Is rsquirod on all
CettMlcatea Per oxurrence f aggregate Iimft
Ocean Marine Coverage $1,000,000 per occurrence form
1. Marine Owners Liability coverage $250,000 Damage to Premises rented to you
2. Premises Liat~lity -Broad Form General Liability $5,000 Medical Payments
3. Products/ Completed Operations
4. Contractual Liability
5. Personal Injury & Advertising Injury
6. Fire Legal Liability
Commercial Property Leases le responsible for their own insurable tnteresle in
their property
Legal Liability coverage to include value of leased area $250,000
Ordinance or Law Coverage
Time Element-Leasehold Interest
Inland Marine / Bubdere Risk in amaunt of value of the boating barge
Protection & Indemnity (P & q $1,000,000 (When ty>plipble)
Improvements and Bettermetlis (as per Exhibit A)
nmen mpatrmen ettiflty = BroedTorm pollutioh $~;~00,000
liability coverege
Business Auto Liability to include Hired and Non-owned $1,000,000
Auto Liability
.EG•DIR1LIee12006 Metina\Yacht.Center.Matina.Space.Rental.COntracl 15 year 0otohor 7 2008.tlcc
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Page 13 of 14
Empbyere Liability
$500,OD0
C. In the event of aoidents of any kind, Yachting Center of Corpus Christi, LLC must furnish the Risk Manager with
copies of all reports of such accidents within ten (10) days of the accident.
Section 1.01 IL ADDITIONAL REQUIREMENTS
A. If applicabb, es sffiffid in Section I-B, Table, Yachting Center of Corpus Christi, LLC must obtain the
applicable workers' compensation coverage or n~rttime exposure proffiction for its employees tluough a
licensed insurance company in accordance with Texas law. The contract for coverage must be written on a
poNcy and with endorsements approved by the Texas Department of Insurarxx;;. The coverage provided
must be in an amount sufficient to assure that all workers' compensation obligations incurred by Yachting
Center of Corpus Christi, LLC wifi ba promptly met.
B. Lessee's finandal Inffigrfty is of interest to fhe City; therefore, subJect to Lessee's rtght to maintain
reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in
full force and effect for the duration of this Contact, and any extension trereof, at Lessee's sole expense,
insurance overage written on an occurrence basis, by ompanfes authorized and admitted to do
business in the State of Texas and with en A.M. Best's retlng of no less than A- (VII).
C. Ths City shall be entitled, upon request and without expense, to receive copies of the policies, declaretions
page and all endorsemenffi thereto as they apply to the limits required by ttre City, end may require the
deletion, revisbn, or modification of particular policy terms, ondftlons, limitations or exclusions (except
where policy provisions are established by law or regulation binding upon either of the parties hereto or the
underwriter of any such policies).Lessee shall be required to comply with any such requests and shall
submit a copy of the replacement certificate of insurance to Cfty at the address provided below within 10
days of the requested change. Lessee shall pay any coats incurred resulting from saki changes. Ail notlces
under this Article shaft be ghren to Cfty at the following address:
Cfty of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361)828-4555- Fax #
D. Lessee agrees that with respect to the above required insurenca, all inaurence policies are to onffiin or be
endorsed to onffiin the following required provisions:
• Name the City end its officers, oifiaals, employees, volunffiere, and elected repre~nffitives as
additional insured by endoreement, as respects operations and activities of, or on behalf of, the named
insured perfanrted under ontract wtth the City, on the Oc~n Marine Coverage and Business Auto
rxnrerage.
• Provide for an endorsement that the "other Insurance" clause shall not apply to the City of Corpus
Christi where the City is an additional insured shown on the policy;
• Workers' ompensation and employers' liabiltty policies will provide a waiver of subrogation in favor of
the City; and
-E6•DIR\LIaa12008 MerinalYacht.Center.Merina.Spus.Rentel.Contract 76 year Odoher 7 2008.doc
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Page 14 of 14
• Provide thirty (30) calendar days advance written notice directly to Ctty of any suspension, cancellation,
non-renewal or material change in coverage, and not iesa than ten {10) calendar days advance written
notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder
shall provide a replecemeM Certifu:ate of Insurance and applicable endoresrnerrts to Ctty. City shall have the
option to suspend Lessee's performance should thsro be a (apse in coverage at any time during this confrect,
Failure to provide and to maintain the requlrod Insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, the City shah have the right
to order Lessee to stop work hereunder, andlor withhold any payment(s) which become due to Lessee
hereunder urdN Lessee demonstrates compliance with the requirements hereof.
G. Nothing herein contained shell be construed as NmlUng in any way the extent to which Successful Bidder
may be held reaponsitNe for paymsMs of damages to persona or property reautting from Lessee's or its
subcontractore' pertormenrx of the work covered under this agreement.
H. It ie agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any
insurance or self Insurance carried by the City of Corpus Christi for liabiltty arising out of operetions under this
contract.
I. It is understood and agreed that the insurance required is in addition t0 and separate from any other
obligation contained in this contract.
NOTE: The limits and types of coverages are subJect to adjutsbrrsnt M upon revkw of permit appllcr
it Is determined that the actWity under this permik repuiros Increased levels and typos of coverages.
2008 Yachting Center CC, LLC. ins. req.
8-29-08 ep Risk iVigmt
.EG•CIRH.Iea\2005 Marina\Yecht.Center.Menne.8pece.Renhl.Contract 15 year October 7 200e.tloc
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