HomeMy WebLinkAbout14811 ORD - 03/07/1979• vp 2/7/79: 2d
AN ORDINANCE
AUTHORIZING AND APPROVING THE GAULT AVIATION, INC.
FIXED BASE OPERATOR AND HANGAR LEASE AT THE CORPUS
CHRISTI INTERNATIONAL AIRPORT BE EXTENDED 30 YEARS FROM
APRIL 1, 1979 THROUGH MARCH 31, 2009, ALL AS MORE
FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A".
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That authorization is hereby given for extending the
Gault Aviation, Inc. Fixed Base Operator and Hangar Lease at the Corpus
Christi International Airport for 30 years, from April 1, 1979 through
March 31, 2009, all as more fully set forth in the Lease Agreement, a sub-
stantial copy of which is attached hereto and made a part hereof, marked
Exhibit "A".
MICROFILMED
0 ',Ann
14811 JUL 0 0 i �0
all 9
HANGAR AND FIXED BASE OPERATOR'S LEASE
This lease is entered into on the day and year below stated
between the City of Corpus Christi, a home rule city, situated in Nueces
County, Texas, hereinafter called City, and Roger L. Gault, dba Gault
Aviation of the County of Nueces, State of Texas, hereinafter referred to
as Gault, upon these terms, performable in Nueces County, Texas:
ARTICLE I
DESCRIPTION OF LEASED SPACE
City leases unto Gault an area designated for commercial hangar
and fixed base operations located generally on the east side of the terminal
building as shown on the attached drawing marked Exhibit "A", which is made
a part hereof as if copied verbatim herein and specifically described as
follows:
Beginning at the northwest corner of the transient apron,
thence proceeding fifty feet due west for a place of
beginning;
Then west for a distance of 247.87 feet for the southwest
corner thence ninety degrees due north for a distance of
900 feet for the northwest corner;
Thence ninety degrees due east for 587.87 feet for the
northeast corner;
Thence ninety degrees due south for a distance of 150 feet
for a corner;
Thence ninety degrees due west for 340 feet to an inside
corner; thence ninety degrees due south for a distance
of 750 feet to the place of beginning.
ARTICLE II
PRIVILEGES, RIGHTS, USES AND INTERESTS
A. USE OF LEASED PREMISES. Gault shall use the leased premises
for commercial hangar and fixed base aviation operations herein defined and
for no other use without the specific written permission of the City:
(1) Housing aircraft in hangars and related shop and office
use;
(2) Engaging in any activity related to the business of
repairing, leasing, purchasing, or otherwise acquiring, selling, exchanging,
dispensing, financing, insuring, or dealing in or distributing aircraft of
every class and description, including engines, motors, aircraft instruments,
supplies and accessories;
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(3) Servicing of aircraft with fuels and lubricants;
(4) Operation of aerial taxi and sightseeing services and
aerial advertising, aerial survey, aerial photography and mapping;
(5) Operation of schools of flying, navigation, aviation
mechanics, aerial survey, aerial photography, aerial designing, aerial con-
struction;
(6) Aeronautical and allied research;
(7) Operation of the business of nonscheduled transportation
of passengers ; and
(8) Undertaking of any phase of aviation activity for profit
related to or contributing in any way to aircraft sales, servicing and distri-
bution or aerial navigation.
B. RIGHT TO USE AIR FIELD. Gault shall have the right to use
the public areas and public airport facilities including the runways, taxiways,
aprons, ramps and navigational aids and facilities in common with others so
authorized, subject to and in accordance with the laws of the United States
of America and the State of Texas, and the rules and regulations promulgated
by their authority with reference to aviation and air navigation, and in
accordance with all reasonable and applicable rules, regulations, ordinances
and Charter of the City.
C. RIGHTS ENUMERATED. Gault shall have the following rights:
1. To sell aircraft fuels, lubricants and propellants on the
leased premises, on any other public apron, and within any private hangar area.
City reserves the right to lease or rent the apron immediately adjacent to the
control tower annex building, known as the transient apron, as shown on the
master plan of the Corpus Christi International Airport, to an operator or
operators as a separate business for the dispensing of fuels, lubricants and
propellants and/or for the operation of tiedown facilities on said apron. In
the event that the transient apron is operated as a separate business, then
Gault shall not have the right to the use of the tiedowns on said apron or to
sell and dispense fuels, lubricants or propellants on said apron. City will
not permit any transient apron lessee to interfere with Gault's access rights
under this lease.
2. To store aircraft fuels, lubricants, and propellants on
the leased premises.
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3. To maintain and operate mobile equipment when reasonable
and necessary to fill and dispense aircraft fuels, lubricants and propellants
on the leased premises and within the area described above, with right of
access to the commercial ramp and connecting taxiways.
4. To maintain, store and service aircraft which shall include
hangar storage of aircraft, major and minor overhauling and repairing of air-
craft, repairing,inspection and licensing of same, and purchase and sale of
parts, equipment and aircraft accessories.
5. To purchase and sell, within the leased premises, aeron-
autical charts, publications, caps, sunglasses, computers, radios, and other
aviation related items normally sold and dispensed by commercial fixed base
hangar operators.
6. To rent, lease and charter aircraft and to engage in the
business of teaching and/or otherwise instructing flying and aircraft mechanics.
7. To place and erect signs and advertising material within
the hangars, offices and shops on the leased premises at Gault's discretion,
and to place and erect signs and other advertising material on the outside
of Gault's buildings, shops and offices; provided that the size and shape of
such signs shall conform to the general appearance of the airport premises,
subject to the approval of the Airport Manager.to place and erect signs and
advertising material at other locations on the airport, provided that written
permission is obtained from the Airport Manager prior to the installation of
any sign or advertising material at any location outside of or off the leased
premises, and subject to the order of the Airport Manager to require the
removal of such installations or any of them at any time.
D. ACTIVITIES AND USES EXPRESSLY PROHIBITED. The following
activities and uses are expressly excluded from this lease and Gault is pro-
hibited from any such use or activity except as noted:
1. Ground Transportation for hire. Gault may provide ground
transportation for its employees and aviation customers
as a service except that said service may not be offered
to the general public on a commercial basis.
2. Western Union. Gault may use the wires, lines and services
of Western Union for its own purposes in connection with
the establishment of a communications system and weather
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system or for any other purpose so long as Gault does not
engage commercially in the taking or sending of telegrams,
money orders, etc.
3. Automobile Rental Service.
4. News and sundry sales except for those aviation related
items as mentioned hereinabove.
5. Advertising concessions except those that may be conducted
within Gault's hangars, offices and shops.
6. Barber, valet and personal services.
7. The sale of food and/or drink except from dispensing
machines located within the hangars, offices and/or shops.
However, no cafe or cafeteria type of service shall be
operated.
8. The sale of flight and/or trip insurance.
9. Commercially engaging in the business of making reserva-
tions for hotels, motels and other lodging.
ARTICLE III
CONSTRUCTION OF HANGARS
Gault will construct a minimum of one (1) hangar on the leased
premises in addition to the two existing hangars. Such additional hangar shall
contain a minimum of twenty-four thousand (24,000) square feet of floor space
within its outer walls. Rental payments on 12,000 square feet of said hangar
will begin immediately upon the execution of this lease. For the additional
12,000 square feet, rental payments will begin ninety (90) days after the
completion of the ramp or when the new hangar is open for business, whichever
first occurs. In the event that additional hangar construction is less than
the required 24,000 square feet, then the difference between the two figures
will be paid for as though the hangar were of the required size. Prior to the
construction of any hangar or improvement on the leased premises, Gault will
submit plans and specifications to the City for approval and review with
respect to the general appearance, safety and type of construction proposed,
life and value. Gault has supplied City with an engineer's appraisal of life
of two existing hangars which City has accepted in satisfaction of requirements
of Art. VIII Sec. 2(c) of City Charter.
Gault will begin construction of additional hangar, as noted
above, within one year of the date of the completion of the ramp extension
by the City. failing which hangar construction, this lease shall terminate
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on the 14th day of July, 1990. Twelve months after date of the completion
of the ramp extension by the City, if Gault has not begun construction of an
additional hangar as promised, then Gault will pay as liquidated damages to the
City the amount of money the City paid towards construction of the ramp exten-
sion in front of the leased premises. At Gault's option, liquidated damages
may be paid in five equal annual installments without interest with the first
such installment to be due immediately.
Gault will continue to pay ground rent on the space set aside for
the new hangar but not used for that purpose.
Also, in the event of such failure to construct the hangar within
one year as noted above, the City reserves the right to repossess the ground
space not used for the new hangar should another tenant be obtained for such
property, in which event Gault would stop paying ground rent as well as not
incurring any further liability for unpaid installments on the ramp assessment.
ARTICLE IV
ACCEPTANCE OF PREMISES
Gault acknowledges that the premises have been inspected and
accepts the leased premises in its present physical condition and will pay the
total cost of developing said property.
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ARTICLE V
TERM
The term of this lease shall be thirty (30) years, beginning on
April 1, 1979 and terminating on March 31, 2009, provided Gault has not
defaulted in any of the terms, conditions, and provisions hereof.
ARTICLE VI
RENT
Gault will pay City a base rental fixed as of July, 1960 and
supplemented as follows:
1. Three cents (3¢) per square foot per year for the area
covered by hangars, shops, offices and/or other improvements.
2. One cent (14) per square foot per year for the area within
the leased premises between the building setback lines where buildings could
legally be constructed.
3. Thirty-three and one-third (33-1/3%) percent of the gross
income from parking and/or tiedown facilities located on any ramp that may be
constructed in the ramp area, shown on Exhibit "A".
4. Two (24) cents per gallon for each gallon of gasoline and/or
other propellants and fuels sold by Gault, except to commercial airline air-
craft holding valid operating contracts on the airport.
5. Gault will not be charged for storage tanks within leased
premises, except ground rental and will submit storage tank plans to the City
for approval prior to installation. Fuel storage sites on property outside
the leased premises will require a separate lease.
6. At the end of each three year period after the execution of
this lease, either City or Gault may request an adjustment in the ground rental
rates, and the flowage fees as above set out, which adjustment shall be com-
pyted by multiplying such rate and fee by a fraction, the denominator of which
shall be the arithmetical average as of July, 1960 of the indices (A) of the
United States Bureau of Labor Statistics for hourly wage rates of all workers
in manufacturing and (B) of all commodity wholesale prices, and the numerator
of which shall be the arithmetical average of said indices (A) and (B) for
the last available twelve (12) monthly indices immediately preceding the
request for adjustment.
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Should either of said indices change substantially as to form
and basis of data or manner of publication, the above adjustment provision
may be amended in writing.
On the base date, July, 1960, the United States Bureau of Labor
Statistics index for hourly wage rates for all manufacturing employees was
$2.26 per hour and the commodity wholesale sale price index was 100.8. Such
formula must result in a change of at least 1/4¢ peri unit or no adjustment
shall be made, and all adjustments shall be made to the nearest 1/44.
City retains the right to adjust the rates for fuel flowage fees
set forth herein, such rates to be published by ordinance duly adopted by the
City Council. City will put this same clause in any renewal, amendment, or
extension of any other existing fixed base operator lease as well as any other
new fixed base operator lease.
Effective as of the date of the execution of this agreement, the
rents based on the foregoing formula are as follows: The Improved Area, seven
and one-quarter (7 1144) cents per square foot per year; Unimproved area, two
and one-half (2 1/24) cents per square foot per year; Flowage fee, four and
seventy-five/one-hundred (.0475) cents per gallon. Ground rentals as set out
here and above shall be computed on a monthly basis and shall become due and
payable on the first day of each calendar month throughout the term of this
lease. On the first day of the next calendar month after the rentals.began under
this lease, Gault shall prepare a report in writing on a form approved by City
showing the total number of gallons of gasoline fuels and/or other propellants
sold by Gault and the total gross receipts on the above mentioned apron during
the preceding calendar month and shall submit said report to City along with the
rental to be paid thereunder prior to the tenth day of said calendar month. Gault
shall submit a like report and payment therefor for each succeeding month during
the term of this lease. Gault will keep full and accurate records of all
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transactions, sales, and income, both from cash sales and credit sales, that
in any way concern rental to City; and will hold all books and records cover-
ing such sales open to inspection by City at all reasonable times.
7. City appoints its airport manager as its agent to receive all
rentals and reports under this lease and Gault will submit said reports and
payments to the Airport Manager. City may designate others as agents to
inspect Gault's books and records, such inspections to be performed at reason-
able times during working hours.
8. In addition to all other remedies which City may have to
enforce the obligations of Gault, City shall have a lien on all property of
Gault placed on said premises for all moneys, rents, shares of gross receipts
and other obligations of Gault.
9. By the term "Transient Apron" is meant that apron east of the
control tower building approximately two hundred eighty (280) feet in width
extending from taxiway "N" southward to a line which is the eastern extension
of the south line of the commercial apron running south of the terminal building
and control tower building, said transient apron having a length north and
south of approximately seven hundred fifty (750) feet.
The term "public apron" shall include, in addition to the tran-
sient apron above described, the following area:
All of that area shown on Exhibit A as "commercial apron"
and being an area approximately 300 feet in width extend-
ing north and south and extending east and west a distance
of approximately 1,050 feet, all of which area lies as
shown on Exhibit A south of the airport terminal building
and airport control tower building.
ARTICLE VII
UNDERTAKINGS OF CITY
City covenants as follows:
A. To operate Corpus Christi International Airport as a public
airport during the term of this lease subject to and consistent with and
pursuant to the assurances given by the City to the United States Government
under the Federal Airport Act, and to Gault by this lease.
B. To make water, gas, and wastewater service available upon the
same basis as applies to residents within the City of Corpus Christi. Gault
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shall pay all charges for water, gas, wastewater, electricity and other public
utilities supplied to Gault and/or Gault's premises during the term of this
lease as such charges become due and payable.
C. To construct a ramp 150' x 750' adjoining the east side of
the present ramp, with construction to begin at the earliest practicable date,
subject to participation in the cost by the F.A.A.
ARTICLE VIII
UNDERTAKINGS OF GAULT
Gault further covenants as follows:
A. At his own expense, to improve the leased premises by the
construction of hangars, offices, shops and/or other improvements, as herein-
above mentioned, and to maintain said improvements and leased premises in a
presentable condition consistent with good business practice and equal in
appearance and character to other similar improvements on the airport.
B. To remove from the leased premises all waste, garbage, rubbish,
junk, worn-out parts and other refuse, and not to deposit the same or allow
the same to accumulate, except temporarily in connection with collection for
removal, on any part of the leased premises or other property located within
the airport site; provided, however, that City may provide garbage service
for a reasonable fee consistent with charges made to commercial establishments
of a similar nature.
To make adequate provision for and to dispose of waste oils and
lubricants off the airport property and never put or allow to be put any such
waste oils and lubricants into the airport wastewater'system.
C. To supply good, prompt and efficient service adequate to meet
all the demands for such service at the airport on a fair, equal and nondis-
criminatory basis to all users thereof, and to charge a fair, reasonable and
nondiscriminatory price for each unit of sale or service; provided that Gault
or its tenants and sublessees will be allowed to make reasonable and nondis-
criminatory discounts, rebates or other similar type of price reductions to
volume purchasers. Nothing herein contained is intended to nor shall be
construed as vesting in City the power or authority to regulate Gault's charges
for student training, aircraft rental, aircraft storage and aircraft charter
service and services specifically related to such service.
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ARTICLE IX
GENERAL PROVISIONS
A. INDEMNIFICATION. Gault is and shall be deemed to be an inde-
pendent contractor and operator responsible to all parties for its respective
acts or omissions and those of its agents, servants, employees, invitees,
tenants and sublessees, and City shall in no way be responsible therefor. In
the use of the airport and in the maintenance, erection or construction of
any improvements thereon, and the exercise and enjoyment of the rights herein
granted, Gault will indemnify and save harmless City from any and all losses
or claims for damages that may proximately result to City from any negligence
on the part of Gault, Gault's agents, servants, employees, construction con-
tractors and invitees, and for those of its tenants and sublessees. Gault
will carry public liability insurance in the minimum sum of $500,000 single
limit. All insurance shall be carried in a responsible company and shall name
City as an assured. Such policy shall, in addition, be endorsed to provide
for cross -liability between the assureds. Such policy shall be in a form
satisfactory to City. All said policies shall provide for a minimum of ten
(10) days notice to City in the event of cancellation or material change in
the terms thereof.
B. NOTICES. Notices to City shall be deemed sufficient if in
writing and mailed, postage prepaid, addressed to the Airport Manager, Route 2,
Box 902, Corpus Christi, Texas 78410, or to such other address as may have
been designated in writing by City from time to time. Notice to Gault shall
be deemed sufficient if in writing and mailed, postage prepaid, addressed to
Gault at 502 Hoffman, Corpus Christi, Texas, 78411.
C. TAXES. Gault will pay any and all real and personal property
taxes levied from time to time upon the improvements placed upon the leased
premises.
D. All of the terms, covenants and agreements herein contained
shall be binding upon and shall inure to the benefit of heirs, successors and
assigns of Gault and City.
E. DESTRUCTION. In the event that Gault's improvements or the
airport is damaged or destroyed by acts of God or through enemy attack or for
any other reason outside the control of Gault and City to such an extent that
the airport cannot be operated as an airport, then this agreement shall terminate.
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In the event that the leased premises or Gault's improvements
or the airport facilities reasonable and necessary for Gault to conduct
Gault's business are partially destroyed or damaged due to acts of God or other
acts outside the control of Gault and/or City to such extent that the leased
premises may not economically be used for the uses and purposes for which
leased, then this agreement and lease shall be suspended during the period of
such partial damage or destruction and shall not begin or resume until the
damage has been repaired. City shall be the sole judge of the extent of the
damage or destruction to the airport and shall have an option to either declare
this lease terminated or suspended or to repair the airport facilities or in
case of damage or destruction to Gault's improvements, to either declare the
lease terminated, suspended or to require Gault to repair his improvements,
and fix the time within which such repairs shall be made.
F. SUBORDINATION. This lease shall be subordinate to the pro-
visions of any existing or future agreement between City and the United States
relative to the operation or maintenance of the airport, the execution of
which has been or may be required as a condition to the expenditure of federal
funds for the development of the airport. Should the effect of such agreement
with the United States be to take any of the premises under this lease out
from the control of City or to substantially destroy the commercial value of
the leased premises, then City must provide adequate premises to Gault or this
agreement shall terminate.
G. TERMINATION.
1. This lease shall terminate at the end of the term set
forth in Article V hereinabove, and Gault shall have no further right or
interest in any of the leased premises or rights, uses or other interests
contained in this agreement, and Gault will vacate and remove all equipment
placed thereon by Gault prior to the execution of this lease, unless Gault
and the City renegotiate said lease and enter into a mutually satisfactory
lease extending the term hereof. Gault shall have one hundred twenty (120)
days within which to remove Gault's equipment and personal property, and in
the event Gault fails to do so, the same shall work as an abandonment and
title shall pass to City, or City may remove said equipment and personal
property and Gault will reimburse City for its expense.
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2. At the termination of this lease all improvements placed
on the lease by Gault including existing hangars shall revert to City in
accordance with the City Charter, Article VIII, Section 2, as amended.
H. CANCELLATION. Default in payment of any of the rentals shall
give City the right to terminate this lease at any time after thirty (30)
days notice in writing has been given to Gault, unless within said time Gault
has fully complied with the rental provisions.
Default in any of the other covenants on the part of Gault shall
likewise give City the right to terminate this lease at any time after thirty
(30) days notice in writing has been given Gault, unless within said time
Gault has fully corrected the condition creating the default. City will
specify in such default notice the lease provision under which City claims that
Gault is in default, and the acts or omissions giving rise to the claimed
default.
ARTICLE X
TRANSFER OF LEASE
The written authority of the City shall be obtained by Gault prior
to any sale, reassignment, transfer or subassignment of this lease. Should
Gault borrow money or otherwise finance the improvements to be constructed
hereunder, and should it become necessary for any lender, financing agency or
guarantor to foreclose and take over this lease because of Gault's failure to
pay, said lender, financing agency or guarantor may operate the lease subject
to all of its provisions, provided all obligations of Gault are met and all
payments owing be paid.
ARTICLE XI
AIR OPERATIONS AREA SECURITY
Gault shall provide for the security of the air operations area
to prevent ground entry or movement of unauthorized persons in accordance with
Section 9-32 of the City Code of Corpus Christi, Texas, and any regulations
imposed upon City by the Federal Aviation Administration. Gault shall indemnify
and hold harmless City, its officers and employees, from any charges, fines,
or penalties that may be levied by any agency of the United States or the State
of Texas by reason of Gault's failure to comply with this requirement.
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Physical barriers to prevent access to the air operations area
must be in effect during construction upon the leased premises. This covenant
is in addition to any of the above indemnification provisions.
ARTICLE XII
CIVIL RIGHTS
In exercising any of the leased rights or privileges, Gault shall
not on the grounds of race, sex, creed, or national origin discriminate or
permit discrimination against any person or group of persons in any manner
prohibited by Part 21 of the Regulations of the Secretary of Transportation.
City hereby expressly retains the right to take such action as the United
States may direct to enforce this nondiscrimination covenant.
EXECUTED IN DUPLICATE ORIGINALS on this the day of
, 1979.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF , 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
ATTEST:
By
R. Mary n Townsend, City Manager
GAULT AVIATION
By
Roger L. Gault, Owner
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That the foregoing ordinance was read for
second reading on this the 41 day of
following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
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first time and passed to its
19 7', by the
That the foregoing ordinance was read for e second time and passed to its
third reading on this the '% day of . 197by the
following vote:
Gabe Lozano. Sr.
Bob Gulley
David Diaz 1
Ruth Gill f
Joe Holt
Tony Juarez, Jr. `.
Edward L. Sample
That the fore/ oing ordin a was d for the
on this the day of Q4
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
PASSED AND APPROVED. this the 7 day of
ATTEST:
it Secretary
APPROVED:
J DAY 0 ��� 197 :
J. BRUCE AY`SCK. CITY • ORNEY
MAY
By
Assistan,' ii y Attorney
time and passed finally
by the following vote:
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14811
THE CITY OF
, 197,
US CHRISTI, TEXAS
MOTION TO AMEND
B Q B G 1 L. kE y moved and DAVID D/A 2 seconded
the motion that the ordinance authorizing the City Manager to execute an
agreement to contract and a five (5) year lease agreement with the "Pelican's
Pleasure", dba "Captain Boomer's" for the establishment of a barge restaurant
to be located at the People's Street T -Head, read on the second of three
readings on February 28, 1979, be and the same is hereby amended prior to
its third reading as follows:
A. Amend the caption and ordinance to delete the words "or the
barge dock located at the north end of East Shoreline" and substitute in
place thereof the words "substantial copies of which are attached as Exhibits
"A" and "B", respectively.
B. Delete the Pelican's Pleasure proposal materials, except the
Agreement to Contract and the Lease Agreement.
C. Add the attached plat indicating the T -Head location of the
barge restaurant, to the Agreement to Contract and to the Lease Agreement
as Exhibit 1.
D. Add the attached hurricane preparedness plan to the Lease
Agreement as Exhibit 2.
E. Amend paragraph I of the Agreement to Contract to delete the
reference to the attached plat as Exhibit "A" and substitute in place of
said reference Exhibit "1".
F. Amend paragraph 1 of the Lease Agreement to delete the
words "Exhibit 'A'" and substitute in place thereof the words "Exhibit
'1$11.
G. Amend paragraph IV of the Lease Agreement to hereafter read
as follows:
"IV
RENTAL: Second Party shall pay to the City as rental for the
above described premises the below listed percentage of the annual gross
receipts for the barge restaurant, or the below listed minimum annual amount,
whichever is greater:
0-36 months
37-60 months
01.0% or $6,000 ($500/month)
01.5% or $8,400 ($700/month)
This rental shall be paid in the following manner:
A. Monthly rental installments. The minimum annual rental amount
shall be paid in the below listed monthly rental installments:
0-36 months
37-60 months
$500
$700
The first monthly rental installment shall be due and payable on or before
the tenth (10th) day of the month next following the month, or portion thereof,
in which the restaurant first opens for business. Subsequent monthly rental
installments shall be due and payable on or before the tenth (10th) day of
each calendar month.
B. Annual rental adjustment increment. If the applicable per-
centage of the annual gross receipts exceeds the applicable minimum annual
rental, Second Party shall pay the additional amount owed to the City as
the annual rental adjustment increment. This additional amount shall be
due and payable on or before the first day of May of the following year.
All rental shall be paid to the City of Corpus Christi Collection
Section at 321 N. Mesquite Street or to P. 0. Box 9277, Corpus Christi,
Nueces County, Texas.°
H. Amend paragraph VII(c) of the Lease Agreement to hereafter
read as follows:
"(c) All employees shall be covered by Workers' Compensation
insurance, if applicable, carried at the expense of Second Party. Second
Party shall also carry at its own expense any reasonable additional insurance,
if any, as may be deemed necessary by the City Attorney to insure against
potential maritime related liability."
I. Add new paragraph XXV to the Lease Agreement to read as follows:
"XXV
RENT ABATEMENT. The monthly rental will be abated during the
time that the barge restaurant ceases business operations (1) in preparation
for movement to a safe moorage in accordance with its hurricane preparedness
plan, (2) in preparation for movement whenever the City exercises its option
under paragraph VI, or (3) whenever the barge restaurant is rendered substan-
tially unusable because of damage resulting from fire, water, wind, or
force majeure. Second Party shall resume its barge restaurant business
operations within a reasonable time after the above conditions no longer
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MOTION TO AMEND
Boa ('Ul t„E/ moved and (JAI//D Q/A Zseconded
the motion that the ordinance authorizing the City Manager to execute an
agreement to contract and a five (5) year lease agreement with the "Pelican's
Pleasure", dba "Captain Boomer's" for the establishment of a barge restaurant
to be located at the People's Street T -Head, read on the second of three
7
readings on February N. 1979, be and the same is hereby amended prior to
its third reading as follows:
A. Amend the caption and ordinance to delete the words "or the
barge dock located at the north end of East Shoreline" and substitute in
place thereof t$e words "substantial copies of which are attached as Exhibits
"A" and "B", respectively.
B. Delete the Pelican's Pleasure proposal materials, except the
Agreement to Contract and the Lease Agreement.
C. Add the attached plat indicating the T -Head location of the
barge restaurant, to the Agreement to Contract and to the Lease Agreement
as Exhibit 1.
D. Add the attached hurricane preparedness plan to the Lease
Agreement as Exhibit 2.
E. Amend paragraph I of the Agreement to Contract to delete the
reference to the attached plat as Exhibit "A" and substitute in place of
said reference Exhibit "1".
F. Amend paragraph 1 of the Lease Agreement to delete the
words "Exhibit 'A'" and substitute in place thereof the words "Exhibit '1".
G. Amend paragraph IV of the Lease Agreement to hereafter read
as follows:
"IV
RENTAL: Second Party shall pay to the City as rental for the
above described premises the below listed percentage of the annual gross
receipts for the barge restaurant, or the below listed minimum annual amount,
whichever is greater:
0-36 months
37-60 months
01.0% or $6,000 ($500/month)
01.5% or $8,400 ($700/month)
This rental shall be paid in the following manner:
A. Monthly rental installments. The minimum annual rental amount
shall be paid in the below listed monthly rental installments:
0-36 months
37-60 months
$500
$700
The first monthly rental installment shall be due and payable on or before
the tenth (10th) day of the month next following the month, or portion thereof,
in which the restaurant first opens for business. Subsequent monthly rental
installments shall be due and payable on or before the tenth (10th) day of
each calendar month.
B. Annual rental adjustment increment. If the applicable per-
centage of the annual gross receipts exceeds the applicable minimum annual
rental, Second Party shall pay the additional amount owed to the City as
the annual rental adjustment increment. This additional amount shall be
due and payable on or before the first day of May of the following year.
All rental shall be paid to the City of Corpus Christi Collection
Section at 321 N. Mesquite Street or to P. 0. Box 9277, Corpus Christi,
Nueces County, Texas."
H. Amend paragraph VII(c) of the Lease Agreement to hereafter
read as follows:
"(c) All employees shall be covered by Workers' Compensation
insurance, if applicable, carried at the expense of Second Party. Second
Party shall also carry at its own expense any reasonable additional insurance,
if any, as may be deemed necessary by the City Attorney to insure against
potential maritime related liability."
I. Add new paragraph XXV to the Lease Agreement to read as follows:
"xxv
RENT ABATEMENT. The monthly rental will be abated during the
time that the barge restaurant ceases business operations (1) in preparation
for movement to a safe moorage in accordance with its hurricane preparedness
plan, (2) in preparation for movement whenever the City exercises its option
under paragraph VI, or (3) whenever the barge restaurant is rendered substan-
tially unusable because of damage resulting from fire, water, wind, or
force majeure. Second Party shall resume its barge restaurant business
operations within a reasonable time after the above conditions no longer
-2-
Tony Juarez
MOTION TO AMEND
moved and Bob Gulley
seconded the motion that the ordinance authorizing the City Manager to execute
an agreement to contract and a five (5) year lease agreement with the "Pelican's
Pleasure," d/b/a "Captain Boomer's" for the establishment of a barge restaurant
to be located at the People's Street T -Head, read on the first of three readings
on January 31, 1979, be and the same is hereby amended prior to its second
reading as follows:
A. Amend paragraph IV of the Lease Agreement to hereafter read as
follows:
"IV
RENTAL. Second Party shall pay each month to the City
as rental for the above described premises the below
listed percentage of the monthly gross receipts for
the barge restaurant, or the below listed minimum
monthly amount, whichever is greater:
0 - 36 months 01.0% or $500.00
37 - 60 months 01.5% or $700.00
The first monthly payment shall be due and payable on
or before the tenth day of the month next following
the month, or portion thereof, in which the restau-
rant first opens for business. Subsequent rental
payment shall be due and payable monthly on or before
the tenth day of each calendar month thereafter."
B. Amend paragraph VII (c) of the Lease Agreement to hereafter read
as follows:
"(c) All employees shall. be covered by Workers' Compensation insurance,
carried at the expense of Second Party. Second Party shall also carry
at its own expense any additional insurance deemed necessary by the
City Attorney to insure against potential maritime related liability."
C. Addnewparagraph XXV to the Lease Agreement to read as follows:
"XXV
RENT ABATEMENT. The monthly rental will be abated
during the time that the barge restaurant ceases
business operations (1) in preparation for movement
to a safe moorage in accordance with its hurricane
preparedness plan, (2) in preparation for movement
whenever the City exercises its option under Para-
graph VI, or (3) whenever the barge restaurant is
rendered substantially unusable because of damage
resulting from fire, water, wind, or force majeure."
Passed February 28, 1979
4 4
STATE OF TERAS,
County of Nueces.
PUBLISHER'S AFFIDAVIT
Before me, the undersigned, a Notary Public, this day personally came.
who being first duly sworn, according to law, says that he is the
AGCQUNTING CLERK _._.. of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
PITRT.TC NOTT CF .SS. HEREBY Gz3CE17i man_. mem .r�?mv rnrn.,CI nr CLITION -0R -AN -AGREEMENT
of which the annexed is a true copy, was published in CALLER TIMES
on the _..5_ day of ig.WRIABY 19_/2, and once each. thereafter for
consecutive.._...r._........._...___ —...
Times.
_16.80
Subscribed and sworn to before me thie_.,g...._..._.d
19 79
otary Public, Nueces County, Texas
W.W. GLENN,
PUBIC ""--
Notice
r-Notice is hereby, y, ei, that
the Oil aundl of the City of
Corpus Christi F�, on the 31st
t day of January' -a19 approved
an first readt f' 1 ordinance
adthorliing the exc<_ pion of an
agreement to
YeeI�e''act and et
\ five (sapremrehen Berne' es,” tan
-
IIdsideratIon
tot pending
barge tr-,taurant
estate -
Ito k located on the r•eoplea
(street T4iead.N the barn dock
torated at the North end East
shorettne. The full text of sold
ar dyed Is available to the o`
cQ
uahe mica of the City . a
SNES
rntiy etort' ryhand this 1st
day of Februa' 1979.
:a.Blll G. Read
a1Y Secretary
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came
CM SMOLDISKI " who being first duly sworn, according to law, says that he is the
of the Corpus Christi Caller and The Corpus Christi Mimes,
Daily Newspapers published at Corpus C.bristi, Texas, in said County and State, and that the publication of
PUBLIC NOTICE IS HEREBY GIVEN THAT THE CITY apt1.010 Q ZEK.S.117-9.F QC
of which the annexed is a true copy, was published in —CIALL.11 Tras
FEB 7
on the 12 day 19.9—, and once each. Daythereafter for 4
consecutive. !Rime -
1
18.2O
GM Smolinski
Subscrihed end sworn to before me fhb__ 31
YGC Nueces County, Texas
,LJBL,C F. JTICEeO that'
Not.__ s tiere'%i
,he `P. ,- 1,', '' r' ,' nh
of
Cor,,,,Cor,,,,cris. ,• .=
day of Febroary;17; 9, a0prO�Ed
on seco-J readin'1, prevlousiy '1
I approved on first reading on the
3151 day of January 1979, an or- 1
dlnance authorizing the execu- -
i
lion of an ag."eemeot to contract'
a five (5) year lease agreement
with the "Pelican's Pleasure," 1
dba, "Captain Boomer's" con-i
slderatlon pending, estab-I
lishment of a barge restaurant,
to be located on the Peoples'
Street-T-Head or the barge dock
located at the North end of East
Shoreline. The full text of said
contract Is aval:able to the pub-
i 110 in the Office of the City Sec-
retary.
// WITNESS my hand this eth ,
iday of February, 1979.
p-5-B1I1 G. Read,
ICity Secretary
Corpus Christi, Texas i