HomeMy WebLinkAboutC2009-359 - 9/29/2009 - ApprovedAGREEMENT TD EXTEND AND AMEND LEASE WITH LANDRY'S
SEAF44D AND STEAK HQUSE-CURPUS CHRISTI, INC.
THIS AGREEMENT is made and entered into this day of September , 2x09, by the
CITY OF CARPUS CHRISTI, a municipal corporation and political subdivision of the
State of Texas, hereinafter referred to as "CITY," and LANDRY'S SEAFGUD AND
STEAK HUUSE-CARPUS CHRISTI, INC. a corporation organized and existing
under the laws of the State of Delaware and authorized to do business in the State of
Texas, hereinafter referred to as "Landry's"
Whereas, the parties previously entered into a Lease Agreement between Landry's
Seafood and Steak House-Corpus Christi, Inc. and the City of Corpus Christi ~"Lease
Agreement"}, with termination date of December 31, 2008;
Whereas, the parties have executed agreements to extend and amend the Lease
Agreement until March 31, 2009 and also until September 30, 2009;
Whereas, the parties desire to extend the term of the Lease Agreement until December
31, 2009, subject to the following amendments:
NGW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1 } Section 4 of the Lease Agreement, "Term", is amended to read as follows:
"Section 4. Term. The term of this Lease is on a month-to-month basis effective
date of execution by the City Manager and beginning October 1, 2009 and ending on
December 31, 2009. However, the City Manager may terminate this Lease at any,
time with or without cause, without penalty upon sixty X60} days written notice to
Landry's."
2} Section 24 is amended to read as follows:
2009-359
Drd. 028324
09/29109
Landry's Seafoof & Stkhs. ,NQE:/~Q
"Section Z4. Removal of Barge. Landry's must remove the barge restaurant from
the Marina upon sixty X64} days written notice from the City, or December 31, 2449,
whichever date occurs first, at Landry's cost, and without damage to City property."
3} All other terms and conditions of the Lease Agreement between Landry's Seafood
and Steak Hause- Corpus Christi, Inc. and the City of Corpus Christi, as amended by
Agreement to Extend and Amend approved by City Council on March 10, 2449, and
which are not inconsistent herewith, shall continue in full force and effect during this
Extension Period. A copy of the current Lease Agreement is attached as Exhibit A
IN WITNESS WHEREOF, the parties hereto have themselves or through their duly
authorized officers executed this Extension Agreement effective as of the day and year
above first written.
EXECUTED IN DUPLICATE GRIGINALS thi day o ~ 049, by the
authorized representative of the parties.
ATTEST;
Armando Chapa
City Secretary
APPROVED AS TO LEGAL FORM THIS ~s
Lisa Aguilar
Assistant Ci Attorney
For the City Attorney
City of Corpus Christi, Texas
` gel R. Escobar
Cit Manager
DAY 4F y , 2009:
~T C~3dRG~l ,. ~...
.....
~~~~
LANDRY'S SEAFOOD AND STEAK HOUSE -CORPUS CHRISTI, INC.
B y:
Name: ~'~~J`(,t,, L' ~C ~2 ~
Title:
.~_.~
~1
Date: 4 ~~23~0~
State of Texas §
County of Harris §
This instrument was acknowledged before me on the day of , 2009, by
~. ~ S~~ ~~Z , as V ~ ~ for Landr 's Seafood and
y
Steak House -Corpus Christi, Inc., a Texas corporation, on before of the corporation.
---
Notary Public
;~~s'''~~~'~~; VAI.ERI~ VIIIilIAMS
*' '*" MY GOMMISSI~N SXPIRES
:~
'~~ ~; ~ October 14, 241
~ i
AQREEMENT TIC E~TEIVD AND AMEND LEASE WITH LAND '
RY S
SEAFQQI} A-ND STEAK HQUSE-CQRpUS CHRISTI INC.
THIS AGREEMENT is made and entered into this 10`~ da of March 20
Y Q9, by the CITY
OF CARPUS CHRISTI, a municipal corporation and alitical subdivi '
p soon of the Mate
Of Texas, hereinafter referred to as "CITY," and LANDRY'S SEAFUQD
AND STEAK
HQUSE-CARPUS CHRISTI, INC, a corporation or anized and existin un
g g der the laws
of the State of Delaware and authorized to do business in the State of Texa '
s, here~na~er
referred to as "Landry's!'
whereas, the parties previously entered into a Lease A Bement betty '
~' Ben Landry s
Seafood and Steak House-Corpus Christi, Inc. and the Ci of Co us C ' ' `s
ty rp hr~sti ~ Lease
Agreenn~nt"~, with termination date of March 30, 20x9;
whereas, the parties desire to extend the term of the Lease A reernent un '
g tit September
30, 2009, subject to the following amendments;
~I~w, THEREFORE, THE PARTIES AGREE AS FDLL~wS:
1 } Section 4 of the Lease Agreement, "Tenn", is amended to read as
follows.
"Sec~ian 4. Term. The term of this Lease is on a month-ta-month .
basis effective
date of execution by the City Manager and beginnin Februar 1 200 '
g y 9 and ending on
September 30, 2009. However, the City Manager ma terminate t '
Y his Lease at any
time with ar without cause, without penalty u on six ~0 da $
p ty ~ ~ y written notice to
Landry's."
2} Section 1 S.1 of the Lease Agreement is amended to read as foil •
aws.
"Section 15.I Special Evens. Landry's acknowled es that Ci '
g tY may authorize
special events on the People's Street T-Head, such as the Texas I
nternatianal Yacht
Show, which will impact vehicular access to the Prerr~ises. D '
wring April I7, 209
through April 27, 2009, Landry's vehicular access to the Premise '
s will be restricted to
2009-103
Urd.028094
4311 OlU9
Laodry's Seafood & Steak House
deliveries made at least one hour prior to opening of special event for the da and
y~
deliveries made aver the special event has closed for the da . Land 's ma nat
y rY Y
operate shuttle service on People's Street T-head during Apri117 2009 throu h A ril
g p
. ~ o v ~ ~ +~ ~~ ~~~~
3} Section ~4 is amended to read as follows.
r
"Section 24. Rema~val of Barge, Landry's must remove the barge restaurant from
the Marina upon sixty ~~0} days written notice from the City, or September 34, 200,
whichever date occurs first, at Landry's cast, and without damage to City pro ert .''
P y
4} All other teams and conditions of the Lease Agreement between Landry's Seafood
and Steak House-- Corpus Christi, inc. and the Ci of Co us Christi which are n
~ rp of
inconsistent herewith shall continue in foil fozce and effect during this Extension Period.
A copy of the current Lease Agreement is attached as Exhibit A.
IN WITNESS wHEREC~F, the parties hereto have themselves or thxough their dui
Y
authorized off cers executed this Extension Agreement effective as of the da and ear
Y Y
above first written.
. ~ _
EXECUTED IN DUPLICATE ORIGn~ALS this day of ~~ , 2009, b the
Y
authorized representative of the parties.
ATTEST: City of Corpas Christi, Texas
~ r
~~w
Armando Chapa n el R. Escobar
City Secretary City Manager
APPROVED AS TO LEGAL FORM THIS ~ °1 DAY OF .~ , 2009:
~~
rl
Lisa Aguila 11 .
Assistant Ci Attorney ~IJ A~'(H{9RItEb
For the City Attorney ~ ~~Cr~ ~ ~ ~~
1NIN(/f+N~
s~pt~ru~v ~~1~
LA~'DRY'S S AFO(ID AN~l STEAD HHUSE - C
URP~S CHRISTI, INC.
By,
amp(S, ~~ ~ r
Na~Vr ~~
Title: r
Date: ~ ~ ~ ~ ~
State of Tea~as §
County 4f Harris §
This instrument was acknowledged before me , the
ay of ~~ 2009 ~
Vl (, 4 ~, [ II1, aS ., , i ~
for Landry s Seafood and
Steak House ~- Corpus Christi, Inc,, a Texas cv oration vn be '
~ fore of the corporation.
Notary Public
~ ~, rug ~~~ +
• VAE.~R#~ Wu,~IAMS
~`' ~' MY G~MMlSSfOfV ~xPfAf:S
• p.~.4• s
:~ '~~ 14, X410
~rrlll'i
a~ ~~
1
.~~..
r ~,;~t~
_~
LEASE AGREEMENT
BETWEEN
LANDRY'S SEAFOOD AND STEAK HOUSE -CORPUS CHRIST{, INC.
AND THE
CITY OF CORPUS CHRISTI
THE STATE OF TEXAS §
COUNTY OF NUECES §
KN~VV ALL MEN BY THESE PRESENTS:
This lease ~"Lease"} is entered into between the C' of Ca us Christi "C~ "
.. . ~Y rp ~ ty ~, a Texas
mun~c~pal harne~rule carpvratian, acting through ~#s duly authorized Ci Mena er "Ci
tY ~ ~ tY
Manager' }, and Landry s Seafood and Steak Hause -Gar us Ghr~st~ inc. " ~ ~~
p ~ Landry s },
a Texas ~orporat~an, whose pr~nc~pal office and place of business is in Haust '
on, Harris
County, Texas, acting through its duly authorized re resentative.
p
The City, in cansiderat'rvn of Lantlry's faithful performance of the conditions
and
covenants contained ~n this Lease, leases to Landry's a dockside area in the Cor us
Christi Marina "M F
~ arena }, as follows:
Section 1. Preamble Language. The preamble Ian ua a included aba . , .
9 9 ve this initial
numerated section in incorporated into this Lease by reference and made a art of hi
p is
Lease far all intents and purposes,
Section ~, Premises. Landry's is granted use of sufficient berthin s
. g pace an the north
side of the Peoples Street T~Head, to accommodate a bar a restaurant '
g ,and related site
improvements, ~nclud~ng the adtl~t~anal adjacent space deli Hated "Boardwalk" on t
. 9 he
attached Exhjbit A fall areas cflllectively re€erred to as the "Premises" whit '
. }, his
~ncarparated in this Lease by reference.
Section ~. Permitted Uses.
~Ay landry's must use the Premises primarily as a restaurant to inclu '
. , de auts~de
dining, and secandar~ly as a bar.
~B} Landry's may use the bar, as a secondary use onl , to sell ands '
. Y erne alcoholic
beverages ~f Landry s has complied, and remains in corn Hance ~ h
p ~t all State
and local laws, rules, regulations, and ordinances. Add~tfanall the bar
. y, may be
used by Landry s for the sale of souvenirs and other merchandise second
. ary to
and as appropriate to complement food and drink service.
~C} The business operation must be confined to the bar a restaur
9 ant, Boardwalk,
and deck areas within the Premises,
Exhibit
~a~ This Lease is not an exclusive right to operate a restaurant in the M r'
a Ana area.
Section 4. Term. The term of this Lease is onmonth-ta~manth basis effec '
tine on the
date of execution by the City Manager and beginnin ~ebrua 1 240 and endin
g ry ~ g on
March ~~, 24Dg.
Section 5~ Lease date and Payments.
~A} For the term of this Lease, Landry's must pay the Ci abase lease rate of
~r ~ ~ $~,DOa
per month, or ~.~5°/0 of monthly Gross Sales,,' whichever ~s rester.
g
~B} "Gross Sales" means all sales of food, drink, souvenir items, and all merchandi
se
of any kind, prepared, produced or sold on the Premises ar sold on the Peo les
Street T-He ~ • p
ad, excluding credit card transaction fees and sales, consum tton and
alcoholic be p '
verage taxes.
~C} Payments must be made to the order of the Ci of Co us Christi an '
. ~ rp d ma~ied to
the City Collections department, P. p. Box g~71, Co us Christi TX 784~g
. ~ ~ , or
delivered to City ball at ~~D1 Leopard Street, Co us Christi TIC ~$~4D~ .
~ ~ ,
Section S. Lease Payment l~batement~
~A} ~'he monthly lease payment maybe abated durin the time Land 's ceases
. g ~-
restaurant business operations:
~ 1 } in prepare#ion far movement to a safe moors a in accordance with
. ~
Landry s Murr~cane Preparedness Plan ~"Hurricane Plan" , a co of which is
~ PY
attached as Exhibit C and incorporated in #his Lease b reference
Y
~2} whenever the barge is rendered substantially unusable because of
damage resulting from fire, water, wind, ar force ma~eure; or
~3} in the event ma~ar repair, renovation, ar construction rohibits acre
p SS t0
and through the Peoples Street T~Nead.
~B} In the event that a condition in subsection ~A} of this section accu
rs and Landry s
desires to claim a lease payment abatemen#, Land 's must not' the th ' '
ry ~ e City s
Marna Superintendent or the Marina Superintendent's desi nee "M
g ~ arlna
Superintendent"} in wri#ing within three ~3} business ds s followin the
., ,y g
occurrence of a cond~t~on stated ~n subsection ~A~ of this section ravidin the
. ~P g
date, time, and reason for cessation of restaurant business o erations and the
p
expected date of resumption of restaurant business operations.
~~} Landry's must resume its restaurant business operations as soon as tactical
.. p
after a eond~tian that caused the cessation of restaurant business a stations no
p
longer exists. Landry s must provide the Marina Superintendent with written
notice within 24 hours after resuming restaurant business operations,
~D} The lease payment abatement amount will be a pro rata share of the minimum
monthly lease payment due,
Section T. Monthly Financial Statements; Audit of Records.
~~} Landry's must keep strict and accurate books of account and records of Gross
Sales and of ail receipts collected.
~B} Landry's must furnish monthly statements of Cross Sales, certified by an
authorized officer of Landry's, in accordance with generally accepted accauntin
pnnciples and procedures and ~n a form approved by the Guy's Drrectar of
Finance,
~C} Landry's books and records must be open for inspection by the City Mara er at
9
all reasonable times,
4a} All underlying documentation for Landry's certified monthly statements, includin ,
g
but not limited to, cash register and computer terminal tapes, must be preserved
by Landry's for at least three ~3} years. The City Manager may terminate this
Lease far failure to preserve such records or provide thereto the City upon the
City Manager's request.
(E) The City Manager may audit Landry's books and records at any time to verify
Landry's Grass Sales for any period within three (3) years prior to an audit.
~1} "hooks and records" includes, but is not limited to, all documents related
to the conduct Qf the business such as; general ledgers, accounts receivables
and payables, sales ~aurnals, inventory records, daily and periodic summary
reports, Gash register and computer terminal tapes, bank deposit slips, bank
statements, tax reports to State and Federal agencies, and discount and rebate
records.
(2) Any additional payments due the City, as may be determined by an audit,
must be paid by Landry's to the City, with annual interest of 10% from the date
the paymentbecame due, within 30 days of such determination and notice to
Landry's.
~3} Audits will be conducted at the administrative offices of the Ci 's Park &
tY
Recreation aepartrnent, ~ Z~ ~ Leopard Street, Corpus Christi, Nueces County,
Texas, 7840, and Landry's must make its books and records available at such
time as required by the City's Auditor. If first agreed to in writing by.the City's
Director of Park & Recreation or the Director of Park & Recreation's designee
~"Director"}, the audit can be conducted at another site, provided Landry's
reimburses the City for the travel, food, and lodging expenses of City s#aff
necessary to conduct the audit.
~4} if the audit shows t at Landry's has understate rocs Receipts by 3°/° or
more, the entire expense of the audit must be paid by Landry's.
Section 8. Delinquency and Default Regarding Lease Payments.
~A} Landry's is "delinquent" if the City has not received Landry's 's r~anthly lease
payment and certified financial statement on or before 5:00 p,m. on the 1 Qth day
of the month in which the payment and certified financial statement are due. if
the 1 nth day on the month falls on a weekend ar holiday, the payment and
certified financial statement must be tendered an the first business day
thereafter.
~~} Landry's is "in default" if Landry's fails to pay~the amount due or pravide the
certified financial statement within ten ~1 Q} business days after the City Manager
has sent a written notice of delinquency requesting the payment, cerki~ed
f nancial statement, ar both. A default for failure to pay the arnaunt due or
provide the certif led finanoial statement constitutes grounds to terminate this
Lease.
Section 9. Landry's Responsibilities. Landry's, as lessee, shall:
~A) Pay for the installation, maintenance, and use of all of its utilities including, but
not limited to, water, sewer, sanitation, electricity, natural gas, and telephone;
~B} Comply with all Federal, State, and local laws, rules, regulations, and ordinances,
as each may be amended, including, but not limited to, Chapter 12 of the City's
Code of Ordinances and the Marina Rules and Regulations, and ensure that its
employees, agents, and representatives comply as well;
~C~ Maintain the Premises and all irnprovements in a good and safe condition during
the Lease term;
~q} Maintain the barge restaurant, mooring lines, spuds, pilings, and anchors at all
times in a satisfactory state of repair, as specified by the Marina Superintendent;
~F} Perform grounds maintenance for the area north of the center of the head portion
of the Peoples Street T-Head, as Shawn on the attached Exhibit E, which is '
incorporated in this Lease by reference, to include, without lirnitaticn, litter control
of all grass and landscaped areas and the parking fats utilized by its restaurant
custamers, except for such times as the City leases such pro a to other third
-. p ~-
parties;
~F} Raise the barge restaurant if it sinks, regardless of the cause of its sinkin
g~
~~~ Remove the barge restaurant from the Marina in the event of extensive lama e
• 9.
destruction, s~nk~ng, or partial sinking, regardless of cause, ar threat of hurricane
as set out in Exhibit C; '
~H} Ensure that no pollutant, effluent, liquid or solid waste material, bil ewater liter
9 ~ ,
trash, or garbage issued from the Premises is allowed to collect in the waters of
the Marina or in the vicinity of the barge restaurant or parkin areas utilized b
g Y
restaurant custamers. Landry s must regularly Enspect and police the vicini of
tY
the PremESes for such materials and promptly clean up and remove such
materials in order to maintain the cleanliness and attractiveness of the Marina
~l} Ensure that the noise level issuing from the Premises is reasonable and not
discernibly audible to a person of normal hearing sensitivity standin alon the
• g g ..
east curb lines of Shorei~ne boulevard northbound};
~J} Regularly inspect and maintain fire fighting systems and a ui ment in the hi hest
qp 9
degree of readiness and regularly conduct training far emplo ees in fire
Y
prevent~an and emergency procedures;
~K} Pay all operating expenses incurred by Landry's in connection with its restaurant
business operations;
~L} Pay all ad valorem taxes which maybe assessed against the Premises that are
associated with Landry's use of the premises, riot to their ast d
P p ue da#e,
~M} Properly maintain and clean the grease traps, trash dum stets trash dum s er
p ~ pt
area and vessel bilges, in accordance with applicable local ordinances and State
health regulations, at least once every month or more ire uentl as needed and
q y
~N} Remove the barge restaurant from the Marina at #ermination or ex iration of the
p
lease.
Section 10. Repairs and Maintenance t~ ~ar$e,
~A} Landry's may not make any mayor repairs tv the barge restaurant while it 'rs
located within the Premises, the determination of what constitutes "ma'or re airs"
• ~ P
being wEth~n the sole and reasonable discretion of the Marina Su erintendent.
p
However, the Marina Superintendent ma authorise r .
. y easanable minor repairs
and maintenance within the Premises,
4B}Far all repairs, Landry's must provide the Marina Su
per~ntendent with a written
description of the type of maintenance re uested and t
q he estimated time frame to
start and complete the maintenance requested, at least one
week prior tv the
requested start date.
~C} Landry's agrees to provide Marina Su erintendent with c
. p opy of records regarding
rna~ntenance including regular maintenance} for the bar a within one w
9 eek of
maintenance.
Section 11. ImprovementelAddltlonslAltera~ons.
~A) Landry's may not make any irn rovements additio •
p ns, or alterations to the
Premises, the Marina facilities, the exterior of the bar a re
, g s#aurant, or the
Boardwalk without the prior wr~#en approval of the director a
nd the City
Manager. Landry' s must also obtain clearance in writin
. g, f tom the City s R isk
Manager as required by Section 2S~a} of this Lease,
~B} If approved, any improvernen#s, additions, or alterations
. made by Landry s to the
Premises must comply with ail applicable Cr Codes.
~C} Landry's acknowledges and agrees that all im rove . .
. p rnents, additions, and
alterations that may be made to the .Premises includin th
g e Boardwalk area,
d uri ng the term of this Lease became the roe of the .
. p p ~y City upon the earlier
termination or expiration of this Lease.
Section 12. l~e$taurant opera#ions. Land 's shall car o
. , ry ry ut the restaurant
operations in a businesslike manner at all times. The hours and d •
. ays of operation
during the term of this Lease must be com arable to those of
p other restaurants in the
Ci#y that place emphasis upon lunch and evenin meals.
g
Section 13, Hurricane Preparetlnesa. If the Ci# or the .
y surrounding area is
threatened by a hurricane ar other emergent weather situati
. Y on, Landry s shall comply
with all orders of the Marina Superintendent ursuant to the H '
P urricane Preparedness
Plan, asset out in Exhibit C.
As part of hurricane preparedness, Landry's agrees to have contract in effect with Port
of Corpus Christi, and with tugboat, to move and store the barge when directed by
Marina Superintendent for hurricane preparedness.
As park of hurricane preparedness, Land 's a tees to obtain . .
. ry g marine condition survey
before Hurricane Season ~OD9, and eve two ears thereafter
ry y .The survey will be
provided to City Farina Superintendent. It will contain written '
plan regarding how to
move and secure the barge in times ~of severe wea#her.
Additianalty, Landry's agrees to replace the moorin lines eve .
g ry two years of this
agreement.
Section 14, Sanitation, Landry's shall store arba a and t
g g rash aboard the barge
restauran# yr upon the Peapies Street T-Head at a location deli na
. g ted by the Marina
Superintendent. All garbage and trash stored in deli Hated a
g real upon the T~Head
must be stored In dumpster-type containers, Such containers must b '
. e housed Inside a
small building, screened or appropriately landsca ed and all at Lan '
. p ~ dry s expense and
as approved by the Nlarlna Superintendent. The arba a container are
. g g , a must be
maintained by Landry s. Landry s shall obtain Barba a Icku no less '
9, p p than flue ~~}
days per week. Landry s may not store anythin outside either the '
g dumpster Itself or
the dumpster housing. Landry's will construct concrete ad ben
. p each dumpster upon
request of Marina Superintendent #o reduce dams ed to as halt caused
. g p by dumpster
Service vehicles.
5ectlon 15. Parking. Landry's restaurant customers ma ar
. y p k on the stem and head
portion of the Peoples Street T-Head, provided, however that such a '
.. ~ p rking areas may
not be utilized by Landry s far the exclusive use of Land 'sand its em
ry ployees and
customers. Parking on the Peoples Street T-head is sub'eet to the Ci Str
. 1 ty eet closure
process, Par example, during C:#y approved street closure of Peo le
, p s Street T-Head,
Landry s hand its employees and customers will not have access t '
o use of perking
areas on the Peoples Street T~Head.
Section 151 Special events. Landry's acknawled es that Ci ~ .
9 #y may authonze special
events on the Peoples Street T-Head, such as the Texas lnternatianal
. Yacht Shaw,
which may impact vehicular access to the Premises. purin da s '
g y of City approved
special events at Peoples Street T-Head which include street closures ~ '
. which impacts
vehicular access to the Premises, Landry's vehicular access will b
e restricted to
deliveries made at least one hour prior to apenin of s ecial even
g p t far the day, deliveries
made after the special event has closed for the da ,and also shu I
. Y tt a service. Curing
days of special events or street closures at Peo les Street T-hea
. P d, ~,andry s may utilize
a shuttle service to #ransport patrons and emplo ees to and from '
y the Premises.
Section 1~~ Sanitary Surer.
4A} ~.andry's shalt operate its sanitary Sewer facilities in accord .
ante with the City
Code of Ordinances, Section 13-2~1, as amended, and Ci Cod '
. ty a of Ordinances,
Chapter 5~, Article XI, Commercial and Industrial vllaste pis asal
p and
Pretreatment, a5 amended.
~$} The City warrants sewer service from the lift station onl s
. y o lorig as electrical
service tv the station IS Hat disrupted by storm, accident or other haz
arils, or
catastrophe. Standby power to operate the #iit station is not available at the
beginning of this Lease nor is it planned by the City.
Section 17. inspection. Any officer or authorized empio ee of the Ci rna enter
y tY y
upon the l~rem~ses, rnclud~ng the barge restaurant, at all reasonable times and without
notice, to determine whether Landry's is providing maintenance required b this tease
Y ,
to inspect the restaurant operations, to enforce this Lease, for purposes of an fire ar
y
poE~ce action, or fvr any other purpose incidental to the City's retained ri hts of and in
9
the Premises.
Section 18. Signs and Lighting.
~A~ Landry's may not exhibit, inscribe, paint, erect, or affx any signs, advertisements,
notices, or other lettering ~"'Signs"~ at, on, or about the premises, or an art
yp
thereof, without the poor wntten approval of the City Manager.
~li~} The City may require Landry's to replace, repaint, or repair an Si ns allowed, if
. .. y g
l~andry s does not remove, repaint, or repair the Signs within ~ 5 business da s of
. v
the Directors written demand, the City rr,ay do or cause the work to be done and
~.andry's shall pay the City's costs within 34 days of receipt of Cirectar's invoice.
Failure to pay the amount due within 3D days from receipt of an invoice
constitutes grounds to terminate this .ease.
~C~ Landry's may not erec# ar affix any new or modified lighting fixtures "Li htln "
~ 9 g~
at, on, or about the Premises, or any past thereof, without the prior written
approval of the City Manager.
~C~ if approved, the new or altered Signs and Lighting must com l with the Ci 's
. p y tY
Code of ~rdrnances and the City's zoning ordnance, as each ma be amended,
y
Section 19. Assignment or Sublease.
~A} Landry's may not, without the prior written consent of the City's Cit Council
1! ~ If
~ City Councrl ~, such consent not #o be unreasonably withheld, assi n this
. 9
.ease or sub- lease any port~an of the premises. Any attempted assi nment or
. 9
sublease, w~#hout the prior written consent of the City Council rna , in the Cit
Y y
Manager's sole discretion, render this Lease null and void.
~B} In the event of the City Council's consent to an assignment or sublease of this
Lease, each provision, term, covenant, obligation, and condition required to be
per-farmed by Landry's must be binding upon any assignee or sublessee and is
partial consideration for the City Council's consent to the assi nment or
g
sublease, Any failure of the assignee pr sublessee to strictly cam l with each
.. pY
provision, term, covenant, obi~gat~on, and condit~on stated ~n this Lease mau, in
• ~ , 7
the City s Manager s sole discretion, render this Lease null and void.
Section ~D, Non-dlscriminatton, Landry's covenants and a reel that it shall n
. . g of
dyscrym~nate nor perrnyt d~scrym~natyon agaynst any person ar you of arsons with
9 p p ,
regard to employment and the provision of services at, on, or in the Premises on the
grounds of race, religion, national origin, gander, age, disabil' , or in an manner
.. ~ y
prohibyted by the laws of the United States or the State of Texas, The Ci hereb
. ~ v
reserves the right to take such action as the l~nited States ma direct to enforce this
Y
covenant. vyolatyon by Landry s of this covenant constitutes grounds for the Ci to
r . . . ty
~rnmedEately termynate thys lease.
Section 2~, Relationship of Rarfies. This Lease establishes a landlordltenant
relationship, and Wane other, and this lease must be construed conclusive) in favor of
the r y
t elatyonship~ in performing this Lease, both the City and Land 'swill actin an
. .. ry
~nd~vydual capacyty and not as agents, representatives, ernply ees, em to ers artners
Y R y ~p ,
~omt venturers, ar assacyates of one another. The employees ar a ants of either a
g p ttY
may not be, nor be construed to be, the employees or agents of the other a for an
p ~Y v
purpose whatsoever. Landry's shall employ sufficient emplo ees to o erate the
Y p
restaurant busyness and such employees must be solely in the em la of Land 's.
pY ry
Section ~~. Termination and damages Prior To ~x iration. If Land `s ter
. p ry m~nates
this Lease pryer to expyrat~on, Landry's must pay the City, wi#hin 30 da s of terrination
y ,
liquidated damages yn the amount of $34,500 to offset income the Ci will Iose du
ty a to
Landry s early terminatyon of thys Lease. The liquidated dame es aid b Land 'swill
. 9 p y ry
provyde revenue to the Cyty while the City attempts to find a new restaurant o erator or
p
other revenue source.
Section ~3, Termination upon default, The City ma. terminate this Lease if L '
. Y andrys
fails to carnply with any prevision, term, covenant, obligation, or condition of this
Lease
and fails ar refuses to cure the default within a reasonable time after receivin written
. g
notice of the default. Notwithstanding the immediately precedin lan ua a default of
. g 9 9~
Section 20 of this Lease will sub}act this lease to yr~mediate termination.
Section Z4~ Removal of Barge.
Landry's must remove the barge restaurant from the Marina no later than March
. ~4~
2409 at Landry s cast and without damage to City property. No extensions will be
permitted.
Section ~5, lndemni#icatlan.
(A) To the extent allowed by Texas law and in consideration of
allowing Landry's to lease the Premjses, Landry's ("Indemnitor")
covenants to fully indemnify, save, and hold harmless the Cfty,
its officers, agents, represent~atfves, and emp/ogees (collectively,
~o
"Indemnitees"~ from and against any and all claims, demands,
actions, damages, losses, costs, llabflit/es, expenses, and
judgments asserted against or recovered from fhe City on
account of jnJury or damage to persons or property (including,
without lim! tatfon on the foregoing, premises defects, workers'
compensation, and death claims), ~o the extent any ln~jury,
damage, or loss maybe incident to, arise out of, be caused by,
or be in any way connected with, ether proximately or r+emo#ely,
wholly or in part: (7) Landrys' performance pursuant to t~hjs
Lease; {2) Landrys' use of the Premises and any and all
activities associated with the Premises pursuant to this Lease;
(3) the violation by Landry's, its officers, employees, agents, or
representatives or by Indemnltees of any law, rule, regulation,
orallnance, or government order of any kind pertaining directly
or indlrectty to this Lease; (4) the exercise of rights under this
Lease; or (5) an act, omission, or criminal violatfon on the part of
Landry 's, its officers, employees, agents, representatives,
contractors, patrons, guests, licensees, or invitees ~n#ering
upon the Premises or Boardwalk area with or without the
express or jmplied invitafjon of Landry's, or of lndemnitees,
pertafnin8 fo this Lease, re8ar+dless of whether the injury,
damage, loss, violation, exercise of rf~hts, act, omission, or
criminal violation is caused or is claimed to be caused by the
sole, contributing, or concurrent negligence of lndemnitees, but
not if such damage or fr~ury results from the gross negligence
or wUlful misconduct of the Indemnitees.
(8) Landry's covenants and agroees ghat, if the City is made a party
to any l~ti8ation against tandry's or fn any litigation commenced
by a»y party, other than Landry's ielatfng to this Lsase, Landry's
shall, upon receipt of reasonable notjce regarding
commencement of litigation and at its own expense, investigate
all claims and demands, attend ~o their seiflement or other
disposition, defend the City in all actions based thereon with
legs! counsel satisfactory to the City Attorney, and pay al!
charges of attorneys and all other costs and expenses of any
kJnd whatsoever arising from any safd claims, demands, actions,
damages, losses, costs, liabilities, expenses, or judgments.
11
(C) The provisions of this section survive the earlier termination or
earpiration of this Lesse.
Section ~6. insurance.
~A} Landry's must provide insurance in the amounts and es of coo '
. , ~Ip erages required
by the City s Risk Manager ar the Risk Mana er's deli nee "Risk ~~
. g g ~ Manager y as
delineated ~n Exhibit ~, which is attached to this Cease and into o .
rp rated ~n this
Lease by reference. Landry s must provide the C 's Director of Pa
. ~Y rk and
Recreation and the Risk Manager with a Certificate of Insurance '
, statrng the
levels and types of coverages, at least 3Q da s rior to the annual a .
y p nn~versary
date of the effec#~ve date of #h~s Lease.
~B7 The language on the Certificate of insurance must rovide that t ' ' '
p he City s D~rectvr
of Park and Recrea#~on and the Risk Manager receive at feast 30 d
. ays advance
written notice, by certjfied mail, of any cancellation, non-renewal or materia
. ., l
change ~n the Ensurance policy required in Exh~b~t D,
~~} The Risk Manager retains the right to annual) review the li '
y mats and types of
insurance requMred by this Lease, to require increased covers a limits and t es
9 yp ,
~f .necessary ~n the interest of public health, safe , or welfare or to
tY adequately
insure the Premises, and to decrease coverage, if so warranted. In the e
vent of
any necessary increase, Landry's will receive at least 30 da s written notice of
. . Y
the revised re~-insurance requirements. Landry's shall racure the revi
. p sed
insurance limits and types within 30 days of receipt of written notice of t
. he
revised insurance requirements and provide wr'~ten roof of insurance to
. , p the
City s Director of Park and Recreation and the Risk Mana er.
9
~D} Landry's shall, prior to the construction of an im rovement ad ~ .
y p d~tion, or
alteration to, in, an, or about the Premises, obtain rior clearance ' ' '
. p , in wr~ttng, from
the Risk Manager that the proposed improvement, addition or alterati '
on will not
necessitate a change or modification in the existing insurance covers
maintain f ~ • • e
ed by Landry s. This clearance is ~n addit~an to the rior consent r '
. p squired
by Section 1 ~ ~A} of #h~s Lease, In the event that the Risk Mana r '
ge determines
that the improvement, addition, or akeration necessitates increase i
d nsurance
coverage, Landry's shall procure such increased insurance covers a withi
g n the
time specified by the Risk Manager.
Sec#ion ~7, faxes,
~A} Landry's shall pay all taxes, license and permit fees, and o#her f '
ees req u ~ red to
operate the Premises, Landry's shall also pay a!1 taxes that Land 's use of
. ry the
Premises causes to be assessed against the Premises, and an Fixed A
y asst and
~~
Personal Property taxes appur#enant to the Premises. Land 's shall
ry pay aEi
taxes prior to the due date.
~B} Further, Landry's covenants to pay payroll taxes, Medicare taxes F
lCA taxes,
unemployment taxes, and all other related taxes accordin to the United to
g S tes
lntprnai Revenue Service s Circular ~, en#~tled "Em to er Tax Guide" Public ' n
. p Y at~a
15, as ~t may be amended, pnor to their respective due dates, Land 's shall
r vid r • ~
p o e p aof of payment of these taxes w~th~n 34 days after a rnent is due or
. pY
the Manna Superintendent requests proof of payment. Failure to a or rovide
. pY P
proof of payment is grounds to terminate this Lease.
Section ~S. Notice.
~A} Ali notices, demands, requests, ar replies provided for or ermit#ed b this
p y Lease
must be in writing and may be delivered by any one of the followin methods: ~
• 9 ~}
by personal delivery, ~2} by deposit i~th the United States Postal Service as
certified mail, return receipt requested, postage prepaid, to the addresses stated
below; ~3} by prepaid telegram; ~4} by deposit with an overni ht ex ress delive
. 9 P ry
service, or ~5} by fax transm~ss~on.
~B} Notice deposited with the United States Postal Service in the manner de
scribed
above wiEE be deemed effective two ~2} business da s after de osit with th
Y p e
United States Postal Service. Notice by telegram or overni ht ex ress deliv
. 9 p eCY
service will be deemed effective one ~1 } business day after transmission to the
telegraph company or averr~ight express carrier, Notice b fax transmission will
. Y
be deemed effective upon transm~ss~an with proof of delive
~~~ AEI suoh communications must be made ant to the '
y following:
If To THE CITY ; III To LA ' .
NARY S.
City of Corpus Christi Land 's Restaurants Inc.
rY
Attn: ~~rector of Park & Recreation Attn: Steven L. Scheinthal
P.Q. gox 911 - 1514 vVest Loa South
p
Corpus Christi, T~ 78468-9~?~ Houston, TiC 17DZ7
~3fi1~ 88D-34fi~ Gffice X713} 386-13fi5 Gifice
€361 } 88D»3864 Fax (l13} 38fi-1fi54 Fax
(D} Either party may change the address to which notice is sent by using a me#hod
set out above. Lessee shall notify the City of an address change or fax number
change within ten (1 Q) days after the address or number is changed,
Section 19. No debts. Lessee shall not incur any debts ar obli ations on t '
. 9 he credit cf
the City during the term of this Lease and including during an Holdover Peri
Y od that
may occur.
~~
Section 30, Modifica~ons. This Lease ma be modified b the '
Y y parties if the parties
enter ~nta a separate development agreement for the Cit 's 11~arina area '
Y d ur~ng the term
of this Lease. No other changes ar madi~cations tv this Lease ma
.. , , y be made nor any
prov~s~on waved unless made in wr~t~ng and signed b arsons dul authorize '
YP y dtas~gn
agreements an behalf of each party,
Section 3'i. lnterpretation; Venue. This Lease is to be inter rated a '
p ccord~ng to th$
Texas laws which govern the ~nterpre#ation of contracts. Venue lies in Nuece
s County,
Texas, where this Lease was entered into and will be erformed.
p
Section 3~. Captions. The headings contained in this Lease are for co '
nvenience and
reference only and are not intended to define or limit the sca a of an r v' '
p y p o ~s~on.
Section 33. Publication. Landry's agrees to pa the cost of news a '
Y p per publication of
#h~s Lease and related ordinance, as rewired by the Cit Charter in the le al '
Y g section of
the local newspaper,
Section 34, V~laiver.
~A} The failure of either party to canrplain of an act or omission on th
Y e part of the
other party, no matter how long the same may continue, will not be deerne
• da
waiver by said party of any of its rights under this Lease. The waiver of an
covenant ar c n ' ' , , ~ Y
o dttion or of the breach of any covenant or cond~t~an of this Lease
by either party at any time, express ar implied, ma not be taken to coast'
Y ~#ute a
waiver of any subsequent breach of the covenant ar condition nar'usti yr
t fY
authorize the nonobservance on any other occasion of the same ar an ath
covenantor ' ' ~ ~ Y er
condtt~on of this Lease, if any action by Land s re u~res the
f ~
consent or approval of the City on one occasion, any consent ar a ravel iv n
• pp g e
on said occasion shah not be deemed a consent or a ravel of the same
Pp yr any
other act~an at any other occasion.
~~} Any waiver or indulgence of Landry's default of an rovision oft '
Y p his lease shall
not be considered an estoppel against the City, It is ex ressl underst '
p y ood that, if
at any time Landry s ~s ~n default ~n any of its conditions or covenants '
of this
Lease, the failure on the part of the City to pramptl avail itself of said ri
. Y ghts and
remedies which the City may have shall not be considered a waiver on th
e park of
the ~~ty, but the City may at any time oval! itself of said ri his ar remedi
, g es ar
elect to termina#e this Lease on account of said default. An waiver b
y y the
parties of a breach of any covenants, terms, obligations ar events
of default shall
not be construed to be a waiver of any subsequent breach nor shall t '
he failure to
require full compliance with this Lease be construed as chan in the t
g g arms of
this Lease or estopp~ng the parties from enfarc~ng the'terms of this Le
ase.
14
Section 35. Force ~lajeure~ No party to this Lease is liable for dela s or failures in
Y
performance due to any cause beyond their control ~ncls~drng, without limitation, an
. r y
delays or failures rn performance caused by stakes, lack outs, f res, acts pf God or the
public enemy, common carrier, severe inclement weather, ar riots or interference b civil
.. .. Y
ar mrlftary authoritNes. Such delays or failures to perform extend the period of
performance until these exigencies have been removed, Landry's shall inform the Cit
.. Y
~n wntrng of proof of such force rnajeure within three ~3~ business days or otherwise
waive this right as a defense.
Section 3~. Surrender. Landry's acknowledges and understands that the Ci 's
. tY
agreement #a lease the Premises tv Landry's is expressly conditioned an the
understanding that the Premises, including, but not limited to, the Boardwalk area, must
be surrendered upon the expiration, termination, or cancellation of this Lease in as and
,. g
a cond~tran as received, reasonable use and wear, acts of God, fire and f#oad lama e
. g
or destruction where Landry s rs without fault, excepted;
Section 3T. Enforoement Costs, In the event any legal action or praceedin is
r 9
undertaken by the City to repossess the Premises, collect the rent payments due
pursuant to this Lease, collec# for any damages to the Premises, or tv, in any other wa ,
.. v
enforce the provisions of this Lease, Landry s agrees to pay all court costs and
expenses and such sum as a court of competent jurisdiction may adjudge reasonable
as attorneys' fees in said action or proceeding ar, in the event of an appeal, as allowed
by an appellate court, if a judgment is rendered in favor of the City,
Section 38. ~urvivaf of ~'errns. Termination or expiration of this Lease for an reason
.., Y
does riot release either party from any Irabrlrtres or obligations set forth in this Lease that
~~ ~ the porkies have expressly agreed survive any such termination ar ex iration
. P
including, but not limited to, Section ~5; ~a~ remain to be performed; or c b their
. ~~ Y
nature would be intended to be applicable following any such termination ar ex iratian.
p
Section 39. Acknowledgment and Canstru~tion of Ambiguities. The artier
p
expressly acknowledge that they have each independently read and understood this
Lease. ~y Landry's execution of this Lease, Landry's agrees to be bound bV the terms
r r a r a J ~
covenants, and conditions contained rn this Lease. Furthermore, Landry's
acknowledges and unders#ands that this Lease is not binding on the Ci until ro erl
tY p p Y
authorized by the City's City Council and executed by the Ci Mana er. B a reernent
tY g Y 9
of the parties, any ambiguities in this tease are not to be construed against the drafter,
Section ~~. Severabiiity.
~A~ If, for any reason, any word, phrase, paragraph, provision, ar section of this
Lease or the application of such language to any person Qr circumstance is, to
any extent, held illegal, Invalid, or unenforceable under present or future law
effective during the term of this Lease or by a final judgment of a court of
competent jurisdiction, then the remainder of this Lease, or the application of said
15
language to persons or circumstances other than those as to which it is held
iilegai, invalid, ar unenforceable, will not be affected hereb , for it is the definite
. Y
intent of the par#ies to this Lease that every word, phrase, para ra h, rovision
g R P ,
or section of this Lease be given full force and effect for its purpose.
~B} To the exten# that any word, phrase, paragraph, provision, ar section of this
Lease is held illegal, invalid, ar unenforceable under present or future law
effective during the term of this lease or by a final jud men# of a court of
. .. g
competent ~urisd~~~on and ~n lieu of each such illegal, invalid, or uner~forceabie
language, a ward, phrase, paragraph, provision, or section, as similar in terms to
such illegal, invalid, or unenforceable ianguage as may be possible and be !e al,
. 9
valid, and enforceable, will be added #o this Lease automa#~cally,
Section 4~. Entire Agrsernent. ~fhis lease document and the into orated and
., ~
ai#ached exhibits constitute the entire agreement between the City and Land 's far the
purpose granted. All other agreements, prorn~ses, representations, and
understandings, oral or otherwise, with reference to the subject matter hereof, unless
contained in this Lease, are expressly revoked, as it is the intention of the artier to
.. .. p
provrde far a complete understanding w~th~n the prov~s~ons of this Lease and its exhibits
of the terms, conditions, promises, and covenants reiating to Land 's a erations and
. rY p
the premises to be used ~n the operations.
EX ED ~N DU ~~ATE, each of which shall be considered an on final ~on
g
this the ~ ay of , ~D09,
ATTEST;
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
r
' g R. Escobar
ity Manager
APP~OVE~ AS T L ~ ~ ~`~ ~ l ~
o EGAL ~C3RM. , X049.
r~ ~ • :
~~ :' G~:~
~~ ,1
Assistant Ci ttorney
for the City A#torney
~Y COUNCIL . ~- 1 ~~„~
.7~ r
SECRETARY ~•
~~
LANDRY'S SE~4F~~~ ANA STEAKHOUSE - CARPUS CHR~STi, lN~.
~y.
Steven ~. Scheinthal, Vice president
date: 1 ~~ ~r~~{ ~ ~ ~, ~L~ ~ i
STATE OF TEXAS ~
COUNTY OF HARRlS ~
This mstrurnent was acknowledged before me on the ~ y ,
2009, by Steven L. SGheinthal, Vice President of Landry's Seafood and Steakhouse--Corpus Christi, lnc.,
a `texas corporation, on behalf of the corporation.
~ ~~
;,r
'~ -~,~ Notary Public, State of Texas
Printed Name
commission expires:
,~li;Yr~~~ 115A ~ lUR6E5S
~~'~ iVotBry Pub1k, St~t9 of Tens
.,
:: My Camm~on Expires
~~~1~~~ 5ep~ember Oi, ~Q11
~ 4, • •' ~~
J
~~
EXHl81; A ~pRE ~ SES- TO BE IN R~`~a~
a,.~~-2~.' 1:09 FR~"'f:
. ~ .
~xh~b~t A
~~ ~,
~ ~.
i ,
y
. •
ti ~
~ ,
~ ~..
~ . .. ~.... V.w,
~~
r
~ ~
~~
•
~ ~
r
i ~
..
r
• f
• '~ ~
•~ ~ ~
~ i
•
~ ~
r ~
i z
e
s~
1 .i
1 ~
w
I~
~I .
LEASE AREA
BOARDWALK
70s91~L3~~i5027 Q.0~~~02~
~ ..
a o
0
w
~~ v
~ o
~~ ~ ~ a
~ ~ a
~ r or ~
6
~~ ~~
~~
r
w ~~
~-~ , • •~
• ~•
~~
**•~.
,.,
i
18
EXHl~IT B -- G1~DllNDS ~Iq NTENANC~
~Ep -19 -2 16: ~9 ~'R~"1
.,
i ~
~xhib~t ~
.+
~,
~~ i~" ~
~ ~,
~ ~.
~ ~.
~~
0
e
a~ ~ ~ e
~~$ ~ ~
i.
. , ~~ ~
_. ~'~'~.
AREA OF OROUN08 MAINTENANCE RESPONSIBILITY
• a
T~;9~71396150z`~
.,.y~• .
..
. t, ~; .
~~
~ ~ ,±~
19
E H ITC U IC NE EP RE
LANDRY' S SEAFC~C~D AND STEA-~ HOUSE w ~;aRA~JS CHRISTI
2009 H~IRRiCANEIEMERGENCY ACTIN PLAN
This HurricanelEmergency Action Plan ~herea~er Plan far Land 's Seaf
. ~ ry ood and Steakhouse -
Corpus Chx~st~ ~Landry's} property and facilities has been develo ed wi ~ .
p th the coardxnation and
approval of the Emergency Management CJ~ce, Parks & Recreation and police I}
eparbments of
the City of Carpus Christ, It is current for the 2DD8 hurricane season
and thereal~er until
replaced, rescinded or amended. This Plan will be reviewed b the Marina Su '
Landr 's y perrntendent and
y General Manager an an annual bass poor to June 1st and an u dates Corr '
andlor revisions will be forty Y P ect~ons
arded to the Emergency Management Gf~ce by that date.
LANDRY' S CONTACT LIST
General Manager: Contact Name and Contact Information;
CGRPUS CHRISTI MARINA BEY PERSGNNEL - Cffice: 8~6-398a
Peter M. Davidson, Marina Superintendent ~ Mobile; .537-1266 Radio #S98
Rene Gana, Marina Maintenance Technician - Mobil ~ - '
e. 215 7690, Radio #897
GG~ERNMENT OFFICES
Police Department ............,..,., 886-264 National Weather Servic
e
rre Department ..................... 8 Recorded Forecast ..,...,.,
8oM39D0
289-1$61
Emergency operating Center ...... 8~6-110o Office ........................
289-Q959
Emergency Management Of~ee ... 8~6-11 DD Parks & Recreation Office
,. H$D-3461
GENERAL PROVISIONS
1. Tlae order to implement the Plan maybe issued by the Ma or Cit
Y y Manager, Emergency
Management Coard~nator, Director of the Parks and Recreation '
or Marna
Superintendent.
Z. 1t shall be the sole responsibility of Landry's ownerslo erators t
. P o remove the barge,
decks, trailer and ail equipment, inventory, furniture materials a
nd supplies from the
premises and to secure the facility.
r -
3. It shall be the sole responsibility of Landry's to insure no ollutants e
p rater the waters of
the Marna from any operation a~medloperated by Landr 's i.e. rease
Y ~ g traps, garbage,
materials, etc.
4. Ail 4wnersloperators, managers, employees will be re aired to evacuate '
9 the Manna
Complex when conditions threaten human safety as determined b the Police Chi f or
Y e
Marina Superintendent. The Marina Staff will secure the Marina Cans lei and insure all
p
persons are notif ed of the danger.
~. The Marina Office has issued Emergency Passes to key em la ees of Land 's. Access
. py ~
to the Marina Complex will be restncted to persons presentin evidence of tenanc
. .. g Y
issued by the Corpus Chnst~ Municipal Marina ~i.e, a co y of the lease document or a
p
Marina emergency Pass}.
INCREASED ItEA-DINESS ACTIONS Ft~R VA~OUS CONDITIONS
This Plan is framed around four "conditions" which represent va in de reel of thr t
rY g $ ea ened
emergencies and is based on the action to be taken as these conditions are known to develo
p
through information received from the National V~leather Service ar an other sources. T
. , y hese
conditions are as follows:
IrIINDITII)N NUNIBEH 4 GREEN ~ Eeginning of Disaster 'Vulnerabili Season - ,
, . ~ This
condition wrll be used by emergency services personnel to refer to a situation which cause
sa
higher degree of disaster passibility than is narrrially present. This condition will autorn '
. atically
go into effect upon such occurrences as the beginning of the ~Iurrieane Season ,Tune Ist e
~ ach
year, remaining in ef~eet #hrough November 3oth each year}; or other eneral canditions~
g a
such as f ire threat, due to severe draught,
CITY ACTION: The City will initiate general increased readiness activities submit all u
pdated
Plans and utilise the media and other sources to recommend various rotective actions
P to the
public.
LAND~~'S ACTX~N; Landry's General Manager wall review the Plan and rovide u
. p plated
information for the Plan to the Marina Superintendent na later than June i st. Land '
ry s will
prepare a contingency plan far ~ ~ } removing barge, decks and trailer from the remises 2
. ., P ~~}
disconnecting power and utility services from barge; (3} Navin rease tra s vacua e
g g p m d, ~~}
removing objects from outside the restaurant; and t4} otherwise securin the remises,
g p
CON~]~TION NU'1VIBER ~ Y'ELLQ - Situatioas East that Could Develo
p Into
~Iazardaus Condihan -This condition will be declared by the Cit Mane er or E er
M ~ y g m gency
anagenient Coordinator to identify a situation which presents a greater otential threat than
"CONDITION ~ ~ ~ . P .
~ but no immediate threat to life or property. This condition mi ht be enerated
g g
by such events as a hurricane watch, tornado watch, severe thunderstorm watch or r
. p esence of
hazardous material in transit through the city by rail, truck, or other means,
One such situation when Condition 3 will be declared is when the course of a hurricane has bee
n
established and the National feather Service predicts a likely landfall within tbI Msix hour
5
andlar within one hundred mixes of the City of Carpus Christi.
Landry's -~0• 03/47/08
CITY ACTICIN:~ The Marina Superintendent or his deli nee will:
g
- advise Landry'S of any changes in Condition as advisories or declarations are rece'v
~ ed.
advise Landry's IF and '~VI~~N information is received on utilit shut offs, P L
. y C~
secures their service when they determine it is in jeopard without notice to the Marina.
Th ~ y
e Marina may shut off power Yf high waters make conditions den emus.
g
initiatelcantinue removal of watercra~ from the Marina Com lei until it is Bete '
p rrnaned
the operat~an ~s unsafe due to weatherlroadlequiprnent conditions. Marina rescue beats
will be hauled out prior to cessation of haul ant operations.
- relocate essential City records, tools, equipment and su lies to a safe location.
PP
ensure all hose items in Marina are secured.
I~ANI~RY' ~ A-CTItIN:
- cease all normal operations of the restaurant and begin re arations for remavin the
p P g
barge to a predes~gnated location and otherwise securing the remises.
P
- begin removing all refngerated foods from the premises.
- have all grease traps vacuumed,
- begin moving inside or ren~aving all equipment, decks trailers dum ~ ,
• . . f Asters, 6u;ldYng
materials, vendrng machines, potted plants, street furniture or other ob'ects owned o
faced on th J r
p e property by Landry's which are stored an the prerr~ises.
C~ND~TI~N NU11~~R Z ~tlRA-N~E~ w Situations ~xast That have nefinxte Chara
cterrshc
of Developing Into A Hazardous Condition -This condition will be declared b '
y the City
Manager or ~naergency Management Coordinator to identify a hazardous situation w '
h~ch has a
signif cant potential and probability of causing loss of life andlor dame a to ro
C ONDITICN 2 g , • p Pe~Y
will usually require same degree of warning the publzc of a otent~al disaster.
F
This condition might be generated by such events as a hurricane warnin Lorna '
g, do warning,
severe thunderstorm warning, or any other notification of the existence of a direct threat such a
s
a toxic material spill, mayor ire, growing civil disturbance, etc,
one such situation when this condition will be declared is when the National 'heath r '
e Service
indicates the possibility of a hurricane landfall within twee -four hours or close e
naugh to
cause damaging winds or rising tides in the City of Carpus Christi.
CITY ACTIN:
complete any remaining hurricane preparations and begin evacuatin all ersons from the
g p
Marna Complex.
Landry's -21- 43107048
LANDItY' S A-CT~~1~;
- complete any remaining hurricane preparations and evacuate all employees from the
Marina Complex.
CDN~~TI~N NU~IB~R 1_ _f R~D~ -Hazardous Co~nditians Are Imminent M This cflndition
will be used to signify occurrence of a rna~or emergency YS inarninent. Events such as a hurricane
strike,lancll'aal predicted ~n IZ hours or leis, tornado strike, Large explosion, widespread civil
disturbance, damaging tides, or other similar eWents v~ill constitute a "Condition one"
declaration.
CITY A-CTI~N:
- unsure that all hurricane preparations throughout the Marina Complex have been
completed and all persons have evacuated the Marina Complex.
LANDItY'S ACTION:
Landry's -22- 0147108
l~andry's will have cvuapieted all preparations prior to this Condition and are
required to evacuate all ~,andry's employees from the Marina Cvm lei.
P
~IUCAI~E PA-.SSED:
Marina staff will report to duty, as directed by the City's Bad 'Weather Policy, for damn e
as a .. ~
s ssment and appra~sa~, facal~ty clean up and reparr, launching operations, security, etc.
Access to the Marina Complex will be restricted to persons presenting evidence of
tenancy issued by the Corpus Christi Municipal Marina ~i.e. a copy of the lease dacu~nent
or a Marina Emergency Pass},
AP~RDV~p on the dates written,
~andry's Seafood and Steakhouse -Corpus Christi
~Y' Datc:
City of Corpus Christi, Forks & Recreation Department
$y: ~ Date;
City of Carpus Christi, PoXice Department
~y: Date;
City of Corpus Christi, Emer~eney Management ~]ffice
Ey' Date:
I.andry's -23- 031~71Q8
EXHIBIT D
INSURANCE RE U REM TS
1. LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City, Lessee must not
allow any subcontractor to commence work until all similar insurance required of any
subcontractor has been. obtained.
B. Lessee must furnish to the City's bask Manager or designee, 2 copies of
Certificates of insurance, showing the following minimum coverage by an
insurance company~s} acceptable to the City's Risk Manager. The City must be
named as an additional insured an the General liability policy, and a blanket
waiver of subrogation is required on all applicable policies,
TYPE Ian INSURANCE
34-written day notice of eaneellstlan, material
chap a non-renewal is r~u~ d vn ail certificates
.r~.Pr,~,~,~,. yWY^nnnr~riri.~Yn il..r
Commercial General Liability including:
t , Commercial Form
2. Premises -Operations .
3. Praductsl Completed Operations hazard
~. Contractual Liability
5. Broad Form Property Damage
6, Independent Contractors
7, Personal In`u
Liquor Liability Coverage
Vehicle Liability -owned, non-owned ar rented
'porker's Compensation
Employers' Liabili
NIINIIUiUIVI INSURANCE CIl'VERAGE
bodily ~n~ury $Qd Property Damage
Per occurrence a e ate
$1,044,000 Combined Single Limit
$I,404,4aU Combined Single Limit
$1,440,U40 Combined single Limit
Which Complies with the Texas ~Vorl~ers'
Compensation Act and Section ll ofthis Exhibit
$sao,oaoi $5oa,aaa ~ $5oo,ooa
C, Ire the event of accidents of any kind, Lessee must furnish the Risk Manager with
copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Lessee rnus# obtain workers' c~omRensation coverage through a licensed
insurance company in accordance with Texas law, The contract for
coverage must be wrjtten on a policy and endorsements approved by the
Landry's -24- 031~7l0$
Texas Department of insurance. The coverage provided must be in
amounts sufficient to assure that all workers' compensation obligations
incurred will be promptly met.
B. Lessee's f nancial integrity is of interest to the City; therefore, subject to
Lessee's right to maintain reasonable deductibles in such amounts as are
approved by the City, Lessee shall obtain and maintain in full force and
effectfor the duration of this Contras#, and any extension hereof, at Lessee's
sale expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and
with an A.M. Best's~rating of na less than A- ~Vil}.
C. The City shall be entitled, upon request and without expense, to receive
copies of the policies, declarations ~ page and all endorsements thereto as they
apply to the limits required by the City, and may require the deletion, revision,
or rnadif cation of particular policy terms, conditions, limitations or exclusions
except where policy provisions are established by law or re ulativn bindin
9 9
upon either of the parties hereto or the underwriter of any such policies},
Lessee shall be required to comply with ar~y such requests and shall submit a
copy of the replacement certificate of insurance to City at the address
provided below within ~ a days of the requested change, Lessee shall pay any
costs incurred resulting from said changes. All notices under this Article shall
be given to City at the following address;
City of Corpus Christi
Attn; Risk Management
F.D. Box 9x77
Corpus Christi, ~'X 784b9-977
~3G 1 } 8~b-4555- Fax #
D. f,essee agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, offf cials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations and
activities of, or an behalf of, the named insured performed under contract with the
City, with the exception of the workers` compensation and professional liability
polices;
• Provide for an endorsement that the "other insurance"' clause shall not apply to the
City of Carpus 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
Landry's -~5- 03107!08
• provide thirty X30} calendar days advance written notice directly to City of any
suspension, cancellation, nonMrenewal or material change in coverage, and not
less than ten (~o} calendar days advance written notice for nonpayment of
premium.
E. within f ve ~5} calendar days of a suspension, cancellation, or non-renewal of
coverage, Lessee shall provide a replacement Certificate of Insurance and applicable
endorsements to City, City shall have the option to suspend Lessee`s performance should
there be. a lapse in coverage at any time during this contract. Failure to provide and to
maintain the required insurance shall constitute a material breach of this contract,
F. Zn addition to any other remedies the City may have upon Lessee's failure to
provide and maintain any insurance ox policy endorsements to the extent and within the
time herein required, the City shall have the right to order Lessee to stop work hereunder,
andlor withhold any payments} which become due to Lessee hereunder until Lessee
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Lessee may be held responsible for payments of damages to persons or property
resulting from Lessee's or its subcontractors' perfornaanee of the work covered under this
agreement.
H. It is agreed that Lessee's insurance shall be deemed primary and nonMcontributory
with respect to any insurance or self insurance carried by the City of Corpus Christi far
liability arising out of operations under this contract.
1. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2408 Lac~dry's lease agreement Ens, req.
7-34.08 ep Risk Mgmt.
Landry's MZd- 03/07108