HomeMy WebLinkAboutC2011-141 - 4/18/2011 - NA.
SUBLEASE AGREEMENT BETWEEN
OMNI HOTELS MANAGEMENT CORPORATION and
SEAWALL FOOD AND SPIRITS, INC.
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
This Sublease Agreement (this "Lease ") is entered into by and between Omni Hotels Management
Corporation ( "Omni "), and SeaWail food and Spirits, Inc. (" 4essee ").
WHEREAS, Omni leases the McGee Beach Concession Stand and area of McGee Beach, Corpus
Christi, Nueces County, Texas from the City of Corpus Christi (the "City ") pursuant to a Lease Agreement
between the City and Omni dated March 10, 2009, as amended by the Acceptance of Lease Assignment and
Amendment No. 1 to the Lease Agreement with TRT Hotel Company, L.L.C. dated June 15, 2010 (collectively,
the "Master Lease ");
WHEREAS, Lessee has requested the use of the McGee Beach Concession Stand for the purpose of
operating a restaurant; and,
WHEREAS, Omni desires to sublease the McGee Beach Concession Stand (hereafter "Premises "). to
Lessee for such purpose.
NOW, THEREFORE, Omni and Lessee, in consideration of the mutual promises and covenants
contained herein, agree as follows:
Section 1. Definitions.
(A) Premises means all improvements constituting the McGee Beach Concession Stand as located along
Shoreline Blvd., including its restroom facilities.
Section 2 Purpose. The purpose of this Lease is to enable Lessee to operate a snack bar, food and
beverage operation from the Premises, which shall be open to the general public. Lessee shall not operate the
Premises for any other purpose without Omni's prior written approval. This Lease is not an exclusive right to
operate a restaurant or food operation or beach accessories sales in the Marina area. Lessee has been given
an opportunity to inspect the Premises and accepts the Premises "as is."
Section 3. Term and Termination. Omni subleases the Premises, subject to all terms and conditions..of
this Lease, to the Lessee for a period of two (2) years, with one one -year extension option, beginning on the
date hereof. Either party may terminate this lease, with or without cause, at any time, without penalty, upon six
months written notice. This Lease shall automatically terminate upon termination of the Master Lease.
Section 4. Master Lease. Lessee has received a copy of the Master Lease and reviewed its provisions.
Lessee shall comply with all applicable provisions of the Master Lease. To the extent this Lease and the
Master Lease conflict, the terms of this Lease shall control.
2011 -141
04/22/11
Omni Hotels Mngmt. /TRT Hotel Co
INDEXED
Section S. Lease Payments.
(A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay Omni, on a
monthly basis, the monthly rental fee of $500.00 (five hundred dollars).
(B) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease.
Payment must be made to the order of TRT Hotel Company, LLC and delivered to 900 N. Shoreline
Blvd., Corpus Christi, TX 78401.
(C) The monthly rental fee is increased by 5% beginning February 1, 2012, and each February 1 thereafter,
by an additional 5 %.
Section f. Delinquency and Default Regarding Rental Payments.
Lessee is "delinquent" if Omni has not received Lessee's monthly rental payment on or before 5:00 p.m. on the
10th day of the month in which payment is due. If the 10th day on the month falls on a weekend or holiday, the
payment must be tendered on the first business day thereafter.
Section 7. Hours of Operation.
Each year by January 31, Lessee shall submit its proposed schedule of operation , of the Premises for Spring
Break 1 pre - summer season to Omni and the Parks Director for approval. Each year by April 15, Lessee shall
submit its proposed schedule of operation of the Premises for summer season to Omni and the Parks Director
for approval.
At a minimum for the Spring Break 1 pre - summer season (March through next to last weekend in May), Lessee
shall operate the Premises each Friday, Saturday and Sunday from noon to 6 p.m. At a minimum for the
summer season (Memorial Day weekend through Labor Day weekend), Lessee shall operate the Premises
each Friday, Saturday, and Sunday from noon to 6 p.m.
Notwithstanding the foregoing paragraph, for 2011, Lessee's hours of operation will be 10 arm to 6 pm Friday,
Saturday and Sunday starting March 12 through Thursday, May 26 th, and starting Memorial Day Weekend
(May 28 ) through Labor Day weekend (September 5 Lessee will operate seven (7) days a week, from 10
am to 6 pm each day.
Lessee may be required by Omni and Parks Director to staff the Premises to make restrooms available to the
public outside of Lessee's approved schedule hours of operation for the concession, for credit of $10.00
hour towards Lessee's rental payment, not to exceed credit of $600.00 per month. The hourly credit rate shall
be adjusted to match Lessee's annual wage schedule for the Lessee employee position who is assigned by
Lessee to staff the restroom, upon sixty days advance written notice toOmni. However, no credit shall be
provided for any day that Lessee opens concession for business.
Section 8. Utilities.
(A) Lessee shall arrange for and pay for all utilities related to usage of Premises, including but not limited to
water, garbage, electricity, and telephone, prior to the due date. Lessee is in "default" for purposes of
this Lease if Lessee fails to pay any utility bill(s) within five (5) days after the Lessee has received a
written notice of such failure from the City.
(B) Lessee shall deposit, or cause to be deposited, all garbage and debris generated at the Premises into
the garbage dumpster at the Premises. Lessee must obtain garbage pickup no less than five (5) days
a week. Lessee shall keep the Premises and the area around the Premises neat and clean. Lessee
shall maintain a clean and neat operation within the Premises. Trash receptacles are to be provided by
Lessee. There must be a minimum of two (2) trash receptacles, or quantity deemed necessary by the
Director, to ensure proper disposal of trash on the Premises.
(C) Lessee is responsible to repair and maintain the Improvements, including but not limited to
maintenance and repair of concession area, kitchen, and restrooms. However, Lessee shall not
perform or contract for any repairs or maintenance to the Premises without the prior written approval of
Omni and City Parks Director.
(D) During the days that Lessee is open for business, Lessee shall clean and inspect the restrooms located
on the Premises at least twice a day. Lessee shall promptly notify Omni of any malfunction of the
restroom.
(E) Lessee agrees to comply with the attached Exhibit B regarding Product Selection Standards.
Section 9. Reserved.
Section 10. Maintenance.
(A) Lessee shall promptly arrange for all maintenance and repairs to the Premises and Improvements,
including exterior and interior of the Premises and Improvements, other than the roof of the
Improvements. Lessee is responsible for all costs for maintenance and repairs. However, pursuant to
the Master Lease the City shall promptly arrange for all maintenance and repairs to the roof of the
building constituting the Premises, and the RTU, and the City shall be responsible for all costs of
maintaining and repairing the roof and the RTU. In this regard Lessee shall promptly notifyOmni if any
repairs are needed to the roof of the Improvements or the RTU. Lessee shall not perform any repairs
'or maintenance to the Premises, nor contract for such repairs or maintenance, without the prior written
approval of Omni and City Parks Director.
(B) The "RTU" is a remote terminal unit, which contains the radio and associated electronics that enable
City to monitor the Lift Station for failures remotely.
Section 11. Furniture, Fixtures, and Equipment.
(A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that
Omni has no obligation to furnish any equipment or furnishings for Lessee.
Ali personal property and trade fixtures furnished by or on behalf of Lessee will remain the property of the
Lessee. If Lessee does not remove its personal property within thirty (30) days after the end of the
Lease, Lessee shall have donated such personal property to Omni for Omni's sole use. All capital
construction, such as installation of plumbing fixtures, kitchen hood system (if any) and architectural
changes to the interior, will remain the property of the City.
Section 12. City Use.
(A) If Lessee is not using the Premises for intended purposes, then City has the right to use any or all of
the Premises for City purposes. Lessee shall not be entitled to any compensation, in whatever form,
either tangible or intangible, for the City's use of the Premises.
(B) City retains the right to use or cross the Premises with utility lines and easements. City may exercise
these rights without compensation to Lessee for damages to the Premises from installing, maintaining,
repairing, or removing the utility lines and easements. City must use reasonable judgment in locating
the utility lines and easements to minimize damage to the Premises.
Section 13. Laws Affecting Operation of Premises and Performance.
(A) It is Lessee's sole responsibility to operate the Premises at all times during the term of this Lease, in
accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations. It is
Lessee's sole responsibility to ensure that the Improvements on the premises operate in compliance
with all applicable building codes and health codes.
(B) In addition, Lessee shall ensure that all sales of alcoholic beverages by Lessee are in compliance with
all applicable provisions of State law pertaining to the sale of alcohol and alcoholic beverages at. the
Premises.
(C) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable
licenses and permits. Lessee shall also bear the expense of meeting and complying with all health
regulations and Certificate of Occupancy requirements applicable to food and beverage operations.
(D) Furthermore, Lessee shall comply with any other Federal, State and local laws, ordinances, rules and
regulations applicable to Lessee's performance under this . Lease. This Lease is also subject to
applicable provisions of the City Charter.
(E) Lessee shall not utilize any glass containers on the Premises or Improvements. Lessee agrees to
comply with the attached exhibit regarding Product Selection Standards.
(F) Lessee must obtain proper permitting from the TABC before alcoholic beverages are served or
consumed on Premises.
Section 14. Special Events. Lessee acknowledges that Omni or the City may authorize special events
staged at locations adjacent to or near the Premises, which may directly impact Lessee and Lessee's
employees and Lessee's customer access to the Premises. Lessee shall cooperate with Omni and the City
and/or special event permittee to coordinate activities related to the special event. Lessee shall have no claim
for lost revenues as a result of such special event.
Section 15. Inspection. Any officer or authorized employee of Omni or the City may enter upon the Premises,
at all reasonable times and without notice, to determine whether Lessee is providing maintenance in
accordance with and as required by Section 12(A), or for any other purpose incidental to Omni's or the City's
retained rights of and in the Premises.
Section 16. Capital Improvements. City may, from time to time, and in City's sole discretion, undertake
capital improvements to the Premises and Lessee shall vacate the Premises during construction of such
improvements. Prior to commencing any capital improvements, City shall notify Lessee, in writing, of the dates
in which Lessee shall be required to vacate the Premises, should the Director deem this necessary, pursuant
to the Master Lease, and Omni shall promptly deliver a copy of such notice to Lessee. Omni agrees that rent
shall be abated during any period of time that Lessee is required to vacate the Premises. Lessee
acknowledges and understands Omni shall have no obligation to provide an alternate location for Lessee
during any period that Lessee must vacate the Premises.
Section 17. Relationship of Parties. This Lease establishes a landlord /tenant relationship, and none other,
and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both
Omni and. Lessee will act in an individual capacity and not as agents, representatives, employees, employers,
partners, joint venturers, or associates of one another. The employees or agents of either party shall not be,
nor be construed to be, the employees or agents of the other parry for any purpose whatsoever.
Section 18. Insurance.
(A) Lessee and its contractors or subcontractors shall secure and maintain at Lessee's expense, during the
term of this Lease, insurance of the type and with the amount of coverage shown on the Exhibit, A
which is incorporated in this Lease by reference. Lessee shall use an insurance company or
companies acceptable to the Omni. Lessee is in "default" for purposes of this Lease if Lessee fails to
maintain such insurance if Lessee fails to cure such failure within three (3) days of receipt of notice of
such failure from Omni.
(B) The Certificate of Insurance must be sent to the Risk Manager (as defined in the Master Lease) prior to
occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City
will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or
termination of any coverage required in this Lease.
(C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager
upon written request by Omni or the City Manager.
(D) Omni shall retain the right to annually review the amount and types of insurance maintained by Lessee,
to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and
to decrease coverage, if so warranted. In the event of any necessary increase, Lessee shall receive
thirty (30) days' written notice prior to the effective date of the requirement to obtain increased
coverage.
(E) In the event alcoholic beverages are to be served or consumed on any Premises covered by this
Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability
insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when
alcoholic beverages are to be served or consumed. .
(F) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance,
in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change
or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition
to the prior consent required by Section 21(A), as contained herein.
Section 19. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ( "Indemnitor ")
covenants to fully indemnify, save and hold harmless Omni and the City, and their respective officers,
agents, representatives, and employees (collectively, "I ndem n itees") from and against any and all
liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever
asserted against or recovered from Omni or the City on account of injury or damage to person
including, without limitation on the foregoing, premises defects, workers' compensation and death
claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or
loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately
or remotely, wholly or in part. (1) Performance by Lessee or Lessee's contractor or subcontractor
pursuant to this Lease; (2) Lessee's or Lessee's contractor or subcontractor's use of the Premises and
any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its
officers, employees, agents, contractors, subcontractors, or representatives, of any law, rule,
regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease;
(4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers,
employees, agents, subcontractors, contractors, or representatives, pertaining to this Lease, and
including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to
arise, out of or in connection with the asserted or recovered incident, except to the extent caused by
the negligence or willful misconduct of Omni or the City.
Lessee covenants and agrees that, if Omni or the City is made a party to any litigation against Lessee
or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall,
upon receipt of reasonable notice regarding commencement of litigation, -at its own expense,
investigate all claims and demands, attend to their settlement or other disposition, defend City in all
actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all
other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss,
demand, claim or action.
Section 20. Alterations.
. y 3 4 T
(A) Lessee shall not make any repairs, . alterations, additions or Improvements to, 'in on, or
about the Premises, without the prior written consent of Omni, the City Director (as defined in the
Master Lease), and the Risk Manager (as defined in the Master Lease).
(B) All approved repairs, alterations, improvements, and additions made by the Lessee upon said
Premises, although at his own expense, shall, if not removed by Lessee at any termination or
cancellation hereof, become the property of the City in fee simple without any other action or process of
law. Lessee agrees to be contractually and financially responsible for repairing any and all damage
caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures
shall not be removed by Lessee upon termination and shall become the property of the City.
(C) All repairs, alterations, improvements, or additions must be made in compliance with applicable Local,
State, and Federal rules and regulations, including Americans with Disabilities Act.
Section 21. Signs.
(A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other
lettering ( "Signs ") at, on, or about the Premises, or any part thereof, without the Director's prior written
approval. Lessee must comply with all sign ordinances and regulations prior to requesting Director's
approval for sign.
(B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove,
repaint, or repair the Signs within ten (10) days of Omni's or the Director's written demand, Omni may
do or cause the work to be done, and Lessee will pay Omni's or the City's costs within thirty (30) days
of receipt of Director's invoice. If payment is not timely made, Omni may terminate this Lease upon ten
(10) days written notice to Lessee. Alternatively, Omni may elect to terminate this Lease after ten (10)
days written notice to Lessee.
Section 22. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the
Premises or any part thereof without obtaining the prior written consent of Omni and the City Director. Lessee
shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has
been obtained from Omni and the City Director.
Section 23. Default.
(A) The following constitute Events of Default under this Lease:
(i) default in the payment of rent or other payments hereunder,
(ii) failure to pay utilities before the due date;
(iii) failure to maintain the Premises in good condition;
(iv) abandonment of the Premises;
(v) failure to keep, perform, and observe any other promises, covenants and conditions contained
in this Lease.
(B) Upon the occurrence of any Event of Default, Omni shall give five days notice to Lessee to cure the
default. If the default remains uncured, then Omni may terminate the Lease immediately, at its sole
discretion.
Sec_ tion 24. No debts. Lessee shall not incur any debts or obligations on the credit of Omni or the City during
the term of this Lease.
Section 25. Notice.
(A) All notices, demands, requests or replies provided for or permitted under this Lease by either party
must be in writing and must be delivered by one of the following methods: (1) by personal delivery, (ii)
by deposit with the United States Postal Service as certified or registered mail, return receipt requested,
postage prepaid; (iii) by deposit with an overnight express delivery service, for which service has been
prepaid; or (iv) by fax transmission.
(B) Notice deposited with the United States Postal Service in the manner described above will be deemed
effective two (2) business days after deposit with the United States Postal Service. Notice by telegram
or overnight express delivery service will be deemed effective one (1) business day after transmission
to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed
effective upon transmission with proof of delivery.
(C) All these communications must only be made to the following:
IF TO OMNI
Omni Hotel
900 N. Shoreline Blvd.
Attn:
Corpus Christi, Texas 78401
IF TO LESSEE
SeaWall Food and Spirits, Inc.
4817 Meadow Vale
Corpus Christi, TX 78413
Attn: Howard Urick
(D) Either party may change the address to which notice is sent by using a method set out above. Lessee
shall notify Omni of an address change within ten (10) days after the address is changed.
Section 26. Nondiscrimination. Lessee covenants and agrees that it shall not discriminate nor permit
discrimination against any person or group of persons, with regard to employment and - the provision of services
at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or
in any manner prohibited by the laws of the United States or the State of Texas.
Section 27. Modifications. No changes or modifications to this Lease may be made, nor any provisions
waived, unless the change or modification is made in writing and signed by persons authorized to sign
agreements on behalf of each party.
Section 28. Waiver.
(A) The failure of either party to complain of any act or omission on the part of the other party, no matter
how long the same may continue, shall not be deemed a waiver by said party of any of its rights
hereunder. No waiver of any covenant or condition or of the breach of any covenant or condition of this
Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any
subsequent breach of the covenant or.condition nor shall justify or authorize the nonobservance on any
other occasion of the same or any other covenant or condition hereof. If any action by the Lessee
requires the consent or approval of Omni on one occasion, any consent or approval given on said
occasion shall not be deemed a consent or approval of the same or any other action at any other
occasion.
(B) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an
estoppel against Omni. It is expressly understood that, if at any time Lessee is in default in any of its
conditions or covenants hereunder, the failure on the part of Omni to promptly avail itself of said rights
and remedies which Omni may have shall not be considered a waiver on the part of Omni, but Omni
may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said
default. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default
shall not be construed to be a waiver of any subsequent breach, nor shall the failure to require full
compliance with this Lease be construed as changing the terms of this Lease or estopping the parties
from enforcing the terms of this Lease.
Section 29, Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to
any cause beyond their control including, without limitation, any delays or failures in performance caused by
strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or
interference by civil or military authorities. These delays or failures to perform shall extend the period of
performance until these exigencies have been removed. The Lessee shall inform Omni in writing of proof of
such force majeure within three (3) business days or otherwise waive this right as a defense. Omni has no
obligation to repair or replace the Improvements damaged or destroyed. In the event the Premises or
Improvements are damaged and determined by Omni in its sole discretion to be unsuitable for continued use
by Lessee, this Lease shall terminate immediately upon written notice to Lessee.
Section 30. Surrender. Lessee acknowledges and understands that the sublease of the Premises to Lessee
is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration,
termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of
God, fire and flood damage or destruction where Lessee is without fault, excepted.
Section 31. Enforcement Costs. In the event any legal action or proceeding is undertaken by Omni or the
City to repossess the Premises, collect the lease payment(s) due hereunder, collect for any damages with
regard to this Lease, to the Premises, or to in any way enforce the provisions of this Lease, Lessee agrees to
pay all court costs and expenses and the sum as a court of competent jurisdiction may adjudge reasonable as
attorneys' fees in said action or proceeding, or in the event of an appeal as allowed by an appellate court, if a
judgment is rendered in favor of Omni or the City.
Section 32. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related
ordinance, as required by the City Charter, in the legal section of the local newspaper, if any.
Section 33. Interpretation. This Lease will be interpreted according to the Texas laws that govern the
interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be
performed.
Section 34. Survival of Terms. Termination or expiration of this Lease for any reason shall not release either
party from any liabilities or obligations set forth in this Lease that (a) the parties have expressly agreed shall
survive any such termination or expiration, or (b) remain to be performed or by their nature would be intended
to be applicable following any such termination or expiration.
Section 35. Construction of Ambiguities. The parties expressly agree that they have each independently
read and understood this Lease. Any ambiguities in this Lease shall not be construed against the drafter.
Section 36. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit
or amplify the terms or provisions hereof.
Section 37. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire
agreement between Omni and Lessee for the purpose granted. All other agreements, promises,
representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless
contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to
Lessee's operations and the Premises to be used in the operations.
Section 38. Reserved.
Section 39. Severability.
(A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease
or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of competent jurisdiction,
then the remainder of this Lease, or the application of said term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be
affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph,
subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose.
10
{B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or
future law effective during the term of this Lease, then the remainder of this Lease is not affected
thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or
provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may
possible and be legal, valid and enforceable, will be added to this Lease automatically.
11
kid
EXECUT IN TRIPLICATE, each of which shall be considered an original, on the K� day of
zl _� 1 2011.
LESSEE: SEAWALL SPIRITS, INC.
By: rr �
Name:
Title:
Date: L4/1-L_ f �
OMNI TRT HOTEL COMPANY LLC
By:
Name:
Title:
Date:
CONSENT OF CITY OF CORPUS CHRISTI
City of Corpus Chrisit hereby acknowledges receipt of a copy of this Sublease, and consents to the Sublease.
B e • - 6a.
Margie C. Rose, Interim City Manager
Date: 4. a'a . !
Approved as to form: -
r}
Lisa Aguilar
Asgf scant City
F C9ty Attorney
12
EXHIBIT A
INSURANCE REQUIREMENTS
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 Omni and 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 Risk 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 on the General liability policy, and a blanket
waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 written day notice of cancellation, material
Bodily Injury and Property Damage
change, non- renewal is required on all
Per occurrence aggregate
certificates
Commercial General Liability including:
$1,000,000 Combined Single Limit
1. Commercial Form
2. Premises -- Operations
3. Products/ Completed Operations
Hazard
4. Contractual Liability
5. Broad Form Property Damage
G. Independent Contractors
7. Personal Inju
Liquor Liability Coverage
$1,000,000 Combined Single Limit
Vehicle Liabili — owned, non -owned or rented
$1,000,000 Combined single Limit
Which Complies with the Texas Workers'
Worker's Compensation
Compensation Act and Section 11 of this
Exhibit
Employers' Liability
$500,0001$500,0001$500,000
Property Insurance
Lessee will be responsible for any and all
damage to equipment used regardless if
owned. Rented, leased or borrowed.
(C) In the event of accidents of any kind, Lessee must furnish Omni and the Risk Manager with copies of all
reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
13
(A) Lessee must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texas law. The contract for coverage must be written on a policy and endorsements
approved by the 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 financial integrity is of interest to Omni; therefore, Lessee shall obtain and maintain in full
force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense,
insurance coverage written on an occurrence basis, by companies authorized and admitted td do
business in the State of Texas and with an A.M. Best's rating of no less than A- (VII).
(C) Omni and 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. All
notices under this Article shall be given to Omni at the address provided in this Lease and to the City at
the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 826 -4555- Fax #
(D) Lessee 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, officials, employees, volunteers, and elected representatives as
additional insured by endorsement, as respects operations and activities of, or on 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 Corpus
Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation,
non - renewal or material change in coverage, and not less 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, Lessee shall
provide a replacement Certificate of Insurance and applicable endorsements to Omni. Omni 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) In addition to any other remedies the Omni may have upon Lessee's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, Omni shall have the
right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to
Lessee hereunder until Lessee demonstrates compliance with the requirements hereof.
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(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' performance of the work covered under this agreement.
(H) It is agreed that Lessee's insurance shall be deemed primary and non - contributory with respect to any
insurance or self insurance carried by Omni or the City of Corpus Christi for 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.
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Exhibit B
Product Selection Standards
Rationale:
The production, use and disposal of many recreation and concession products contribute significantly to the
pollution of the air, water and soil and to the destruction of natural communities of plants and animals.
Educated, conscientious product selection can mean the difference between an environment safe for all living
things (including people) and a planet contaminated with toxic pollutants.
Standards:
* The use of polystyrene products are prohibited.
* All cups, bowls, plates, utensils and take -out containers must be made of starch based plastics.
* A recycling bin shall be placed next to all trash cans provided by the vendor. The recycling bin shall be equal
to or larger than the size of the trash bin.
* Vendor shall contract with a waste management company to provide pick up and process contents of
recycling bins on a regular basis.
• When possible, vendor shall purchase products made of recycled material and which are recyclable.
• All cleaning products and processes shall be environmentally sound.
a ^
Map of 520 S Shoreline Blvd, Corpus Christi, `1'X.78401 -3507 Pagel of 2
Your Points of Interest
1. Omni Corpus Christi Hotel - Bayfront & Marina Tower Phone: (361) 887 -1600
* * *I
900 N Shoreline Blvd Corpus Christi, TX 78401
2. Radisson Hotel Corpus Christi Phone: (361) 883 -9700 * * *1
3200 P Surfside Blvd Corpus Christi, TX 78402
3. Bayfront Inn Phone: (361) 883 -7271 * **
601 N Shoreline Blvd Corpus Christi, TX 78401
4. Corpus Christi Beach Hotels.com Phone: (361) 949 -2400 * * *�
Corpus Christi, TX 78418
5. Omni- Marina Tower Phone: (361) 887 - 1600 * * **
707 N Shoreline Blvd Corpus Christi, TX 78401
http: / /maps.yahoo.com/ print ?mvt= s &ioride=us&tp =1 &stx =Find Restaurants, Hotels ... &fcat... 03/22/11
Map of 520 S Shoreline Blvd, Corpus Christi, TX
(:)/
78401 -3507