HomeMy WebLinkAbout10780 ORD - 04/05/19722- 23- 72!jkh
AN ORDINANCE
s:
AUTHORIZING EXTENSION AND AMENDMENT OF LEASE TO
DYNETERIA, INC. AND ANTONIO BUENTELLO, OF CERTAIN
SPACE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT,
IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A ", MADE +
A PART HEREOF, WHICH PROVIDES FOR A FIVE -YEAR EXTEN-
SION OF SAID LEASE, FOR THE SALE OF MIXED DRINKS;
FOR $10,000 WORTH OF IMPROVEMENTS TO SAID AREA BY
DYNETERIA, INC. FOR THE RENTAL PAYMENT ON GROSS
SALES INCLUDING LIQUOR.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute extension and amendment of Lease to Dyneteria, Inc. and Antonio
Buentello, of certain space at the Corpus Christi International Airport,
in accordance with the attached Exhibit "A ", made a part hereof, which
provides for a five -year extension of said lease, for the sale of mixed
drinks, for $10,000 worth of improvements to said area by Dyneteria,
Inc. for the rental payment on gross sales including liquor.
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THE STATE OF TEXAS
KNOW ALL NEN BY THESE PRESENTS:
COUNTY OF NUECES j
WHEREAS, DYNETERIA, INCORPORATED, HEREINAFTER CALLED LESSEE, IS
THE OWNER AS LESSEE OF A LEASE FROM THE CITY OF CORPUS CHRISTI, TEXAS, HERE-
INAFTER CALLED CITY, COVERING CERTAIN SPACE AND FIXTURES AT THE TERMINAL
BUILDING OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT; AND
WHEREAS, THE CITY AGREES TO A FIVE (5) YEAR EXTENSION AND AMEND-_
MENTS TO THE AFOREMENTIONED BASE CONTRACT IN CONSIDERATION OF CERTAIN CAPITAL
IMPROVEMENTS IN THE RESTAURANT AREA BY LESSEE AS HEREINAFTER PROVIDED; AND -
WHEREAS, ANTONIO BUENTELLO IS ASSIGNEE OF CERTAIN AREAS OF SAID /
LEASE; AND
WHEREAS, THE PARTIES HERETO DESIRE THE SALE OF ALL ALCOHOLIC BEVER-
AGES AT SAID LEASED AREA AND SUCH NECESSITATES CERTAIN CHANGES AS HEREINAFTER
PROVIDED:
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND FOR AND IN
CONSIDERATION OF THE CHARGES, FEES, RENTAL COVENANTS, AND AGREEMENTS CONTAINED
HEREIN, THE PARTIES HERETO DO,YEREBY AGREE ON THE FOLLOWING:
ARTICLE 1
THE PARTIES MUTUALLY AGREE THAT THE LEASE PREVIOUSLY ENTERED INTO
BETWEEN THE PARTIES BE AND THE SAME IS HEREBY EXTENDED AND CONTINUED FOR -
'FIVE (5) YEARS FROM THE DATE OF EXPIRATION THEREOF, AND THE TERMS AND CON-
DITIONS OF SAID LEASE ARE HEREBY CONTINUED AND EXTENDED BY THIS AGREEMENT
EXCEPT AS HEREIN AMENDED.
ARTICLE II
LESSEE AGREES TO SERVE AND CITY AGREES TO ALLOW THE SALE OF MIXED
DRINKS AND ALL ALCOHOLIC BEVERAGES IN ADDITION TO BEER AND ALE. BOTH PARTIES
AGREE THAT SAID SALE OF ALCOHOLIC BEVERAGES WILL BE IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS, THE RULES AND REGULATIONS OF THE ALCOHOLIC
BEVERAGE COMMISSION, AND THE ORDINANCES OF THE CITY.
ARTICLE III
IN CONSIDERATION OF THIS EXTENSION, LESSEE AGREES TO FURNISH DRAPES
CARPETING, TABLES, CHAIRS, BAR AND BAR STOOLS AT AN ESTIMATED PRICE OF
$10,000.00 FOR UPGRADING THE EXISTING RESTAURANT CONCESSION AND THE INCLU-
SION OF DAR FACILITIES. THE ENTIRE DINING AREA WILL BE CARPETED, ALL WINDOWS
WILL BE DRAPED, AND NEW FURNITURE WILL BE PROVIDED FOR THE ENTIRE RESTAURANT.
THE IMPROVEMENT WILL BE OF GOOD QUALITY AND WILL BE SUBJECT TO APPROVAL OF
THE AIRPORT MANAGER, SUCH APPROVAL SHALL NOT BE ARBITRARILY WITHHELD. ALL
EQUIPMENT AND FACILITIES ADDED SHALL BECOME THE PROPERTY OF THE CITY ON THE
EXPIRATION OF THE LEASE.
ARTICLE IV
LESSEE AGREES TO INCLUDE BAR FACILITIES TO SELL ALL ALCOHOLIC BEVER-
AGES AND TO PAY THE CITY THE FOLLOWING PERCENTAGES ON GROSS REVENUE ON THE
ADDED LIQUOR SALES:
8.2% UNTIL AUGUST 1, 1973
9.0% UNTIL AUGUST 1, 1974
10.0% UNTIL AUGUST 1, 1975
BOTH PARTIES AGREE THAT THE RENTAL RATES FOR THE LEASE WILL BE RE-
NEGOTIATED FOR LIQUOR SALES AS WELL AS BEER, ALE AND RESTAURANT GROSS INCOME
EFFECTIVE AUGUST 1, 1975. IN THE EVENT THAT MUTUALLY SATISFACTORY RATES ARE
NOT AGREED UPON, EITHER PARTY SHALL HAVE THE RIGHT TO CANCEL THIS LEASE BY
GIVING THIRTY (30) DAYS WRITTEN NOTICE TO THE OTHER PARTY.
THE CONTRACT IS SUBJECT TO NOVATION OR REVISION IN RENEGOTIATION
IN THE EVENT FUTURE MODIFICATIONS OF THE TERMINAL BUILDING REQUIRE RELOCA-
TION, REMODELING OR ALTERATION OF THE SPACE OCCUPIED HEREUNDER PROVIDED,
HOWEVER, THAT SPECIAL CONSIDERATION SHALL BE GIVEN TO THE AVOIDANCE OF ANY
REDUCTION IN THE SQUARE FOOTAGE IN THE TERMINAL BUILDING MADE AVAILABLE TO
THE CONCESSION, AND, IF SUCH REDUCTION IS NECESSITATED, RENTAL WILL BE
ADJUSTED ACCORDINGLY.
-2-
WHEREFORE, WITNESS OUR HANDS IN DUPLICATE BINDING THE RESPECTIVE
PARTIES EFFECTIVE THE DAY OF 1972.
ATTEST: DYNETERIA, INCORPORATED
BY
HOWELL L. EDWARDS, ASSISTANT VICE - PRESIDENT
ASSIGNOR AND LESSEE
ANTONIO BUENTELLO
ASSIGNEE AND SUBLESSEE
ATTEST: CITY OF CORPUS CHRISTI
BY
CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER
APPROVED:
DAY OF 1972:
CITY ATTORNEY
THAT THE FOREGOING ORDINAN.C,pE_ WAS READ �F��y�R, �T HIE .F,I RIST TIME AND PASSED
TO ITS SECOND READING ON THIS THE /lC. DAY OFD �I.Q.�X , 19 BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GAGE LOZANO, SR. a%fg-)
J. HOWARD STARK dT
THAT THE FOREGOING ORDI NICE WAS REA DD OR THE ECOND•TIME AND PASSED
TO ITS THIRD READING ON THIS THE DAY 017! � , 19 BY THE
FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR. ,
J. HOWARD STARK
THAT THE FOREGOING ORDINA E WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE -5VZ DAY OF�' BY THE FOLLOWING VOTE:
• RONNIE SIZEMORE ---
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK �T��
PASSED AND APPROVED, THIS THE o�ru/ DAY of , 19,x.
ATTEST:
1
CITY SECRETARY AYOR o /
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
_DAY OF itG , 19
C
CI ATTORNEY
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