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HomeMy WebLinkAboutC2008-462 - 12/9/2008 - ApprovedPage 1 of 94 M 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 -45- 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 -46- 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 Page 5 of 14 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 -48- Page 6 of 14 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 -49- r t ~~ ~ ~~~~m ~~ +~ ~~~ ~~ ~~ 0 ~ ~ ~ ~ ~_ ~a ~~ ~ ~ ~ CD ~~w n z G7 m z ~~ °, ~~ o I 'I ~ I :I I : I I I I ~ ~ ~ 2 __ ~~,~s 5~et t-+~a -50- 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 -51- 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 -52- 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 -53- 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 -54- 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 -55- 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 -56- 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 -57- i 1 .. .c .< ~. :: ~~i. .. ~' ~~ ~, . '=~ ~l: aY~~~y .. t. ~~ 1 . i~~~.~1(.~ "~~ e~f I ~~ ~ • `.4 ~4\' %~: . .:1~> w; 3a ,,~. i ;, lei ~ ,, # i r.~. ~• 2 .yi.rl ~;. Z .. . „~ .. ,t, ~ ~ ~ x i ~ wr ~' i it IY .~i..~ .. JJ ~""1 '~~ . ~' t~ Y m . -. ~ ~;. ~ ~, : n { ;: ~ ~ fi; ,,, . 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