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Home My WebLink About13148 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: