HomeMy WebLinkAbout13148 ORD - 04/21/1976OIC:jkh:4- 21 -76; 1st • •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ACCEPT THE REASSIGNMENT
OF LEASE FROM DYNETERIA, INC. TO JOSE PEREZ, SR., OF
CERTAIN AIRPORT RESTAURANT AREA FOR SALE OF ALCOHOLIC
BEVERAGES, ALL AS MORE FULLY SET FORTH IN EXHIBIT "A ",
ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN
EMERGENCY.--
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 accept the Reassignment of Lease from Dyneteria, Inc., to Jose Perez, Sr.,
of certain Airport Restaurant Area for sale of alcoholic beverages, all as
more fully set forth in the attached Exhibit "A ".
SECTION 2. The necessity to accept the reassignment of lease from
Dyneteria, Inc., as hereinabove set forth creates a public emergency and an
imperative public necessity requiring the suspension of the Charter rule
that no ordinance or resolution shall be passed finally on the date of its
introduction but that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor having declared such
emergency and necessity to exist, having requested the suspension of said
Charter rule and that this.ordinance be passed finally on the date of its
introduction and take effect and be in full force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the a/ a day of April,
1976.
ATTEST: J�
2r // . cl/QiL•11.t/1� z �t�t Q c •LS-1-
Ct,j,a.,j, City Secretary MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
/ _ DAY OF APRIL, 1976:
J. Bruce Aycock, City Attorney
By
Assis •ant C' Attorney
13148
RWC:jkh:4 -21 -76
REASSIGNIIENT OF LEASE
THE STATE OF TEXAS 9
COUNTY OF NUECES I
WHEREAS, Dyneteria, Inc., is the owner, as Lessee, of a lease from
the City of Corpus Christi dated the 1st day of August, 1970, and extended
and amended by Ordinance No. 10780, of the space and fixtures at the Terminal
Building of the Corpus Christi International Airport; and
WHEREAS, Lessee desires to lease a portion of said space for the
retail sale of beer, wine, or liquor by the drink, or any combination thereof,
and the said Dyneteria, Inc., herein called Assignor, has agreed to assign
said lease for the area and portion of the premises hereinafter described
on the terms herein provided:
premises:
1. This assignment of lease shall cover the following described
Beginning at a point 15 feet South forthe edge of the
top step at the restaurant entrance for the NE corner
of the area hereby assigned and including an area 5
feet north and south and 15 feet east and west and counter
space for placing a cash register, and the right of ingress
and egress, all at the Airport Restaurant in the Terminal
Building at Corpus Christi International Airport in
Corpus Christi, Nueces County, Texas.
This Assignment, under which it is expressly understood and agreed that the
gross sales of alcoholic beverages hereinabove provided shall be included
in the calculation of the Dyneteria, Inc., rental payments to the City of
Corpus Christi, shall be subject to the terms of the base lease of Corpus
Christi International Airport facilities by the City of Corpus Christi to
Dyneteria, Inc., of August 1, 1970, as amended, and as the same is further
applicable thereto, and to which the Corpus Christi Bank & Trust Company
appears as a party thereof.
2. This Assignment shall be for the unexpired portion of the above
mentioned lease,which expires on the 31st day of July, 1980. However, either
party may terminate this lease by giving the other party sixty (60) days
notice of intention to terminate.
3. Assignee, Jose Perez, Sr., agrees to pay the City the following
percentage on gross revenue commencing August 1, 1975 and continuing through
July 31, 1977:
Alcoholic Beverages (including wine, beer and mixed drinks),
11 1/2% of gross revenue.
It is agreed that the rental rates for the lease will be renegotiated
as to liquor sales, as well as beer, wine and ale gross income effective
August 1, 1977. 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 modification of the Terminal Building require relocation,
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.
WHEREFORE, witness our hands in triplicate binding the respective
parties effective the day of , 1976.
DYNETERIA, INC.
ATTEST:
By
Howell L. Edwards, Vice - President
Secretary ASSIGNOR AND LESSEE
Jose Perez, Sr.
ASSIGNEE AND SUBLESSEE
APPROVED:
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
DAY OF 1976:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
By
R. Marvin Townsend
City Manager
CORPUS CHRISTI TEXAS
a� sT �
DAY OF �
TO THE MEMBERS OF THE CITY COUNCIL Tj
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SMALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS I, THEREFORE
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT 13 INTRODUCED OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY
MAYOR
THE CITY OF CORPUS CHRISTI,
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON Lusy
DR. BILL TIPTON
EDUARDO DE ABE$
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY
JASON LUSY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
VOTE: