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HomeMy WebLinkAbout17129 ORD - 07/21/19821 jkh:7- 6- 82;lst , TEXAS: AN ORDINANCE AUTHORIZING EXECUTION OF A 30 -YEAR LEASE AGREEMENT WITH T -HEAD MARINA FOR CONSTRUCTION OF A MARINA OFFICE, FUEL STATION, PUBLIC RESTROOMS, PATIO %BAR RESTAURANT AND RETAIL SALES CONCESSION AREA FACILITIES ON THE LAWRENCE STREET T -HEAD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute a 30 -year lease agreement with T -Head Marina for construction of a Marina office, fuel station, public restrooms, patio /bar restaurant and retail sales concession area facilities on the Lawrence Street T -Head, 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. 17129 SrP 2 8 I984 MiCROFILMED. THE STATE OF TEXAS § COUNTY OF NUECES § LEASE AGREEMENT KNOW ALL BY THESE PRESENTS: FOR AND IN CONSIDERATION of the sum of TEN AND NO /100 DOLLARS ($10.00) and the mutual agreements and covenants herein contained, the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation (hereinafter called "Landlord ") and T -HEAD MARINA, a Texas General Partnership formed and operating under the laws of the State of Texas, (hereinafter called "Tenant "), do hereby contract, covenant and agree as follows: Landlord, subject to the terms, provisions and conditions hereof, does hereby lease, let, demise and rent exclusively unto Tenant, and Tenant does hereby rent and lease from Landlord, the following described premises (hereinafter called the "Leased Premises "): That certain portion of the Lawrence Street T -Head described by metes and bounds on the attached "EXHIBIT A ", which is incorporated by reference herein as if same were copied in full at this point. In addition to the above, Landlord grants, lets and demises unto Tenant, and Tenant's employees, business invitees and agents, the non - exclusive use of certain areas of the Lawrence Street T -Head, as follows: (A) Any and all public roadways now existing thereon for purposes of ingress and egress to and from the Leased Premises. (B) The automobile parking area appurtenant to the Leased Premises, the number of parking spaces hereby granted to be in conformity with the ordinances of the City of Corpus Christi as they pertain to similar commercial facilities. II. The primary term of this Lease shall be for a period of thirty (30) years, commencing on the date of execution of this Lease Agreement; and at the end of said primary term, the Landlord will own all permanent improvements constructed on the Leased Premises. Tenant hereunder is granted an exclusive option to re -lease the part or portions of the permanent improvements thereon not occupied by the Landlord for one (1) additional ten (10) year period under such reasonable and customary terms and conditions then available for property in the City of Corpus Christi having a comparable use. Landlord must give written notice to Tenant not EXH@HJT "A`' less than one (1) year prior to the expiration of the primary term of thirty (30) years setting forth the rate of rent, any other terms and conditions of the lease under the option period, and the comparables used by Landlord in calculating same. Tenant must give written notice to Landlord not less than six (6) months prior to the expiration of the primary term of its intention to exercise said ten (10) year option. III. Tenant agrees to construct certain improvements on the Leased Premises according to plans and specifications to be agreed upon by the Landlord and Tenant. Such plans and specifications shall provide for a City Marina Office, public restrooms, a patio bar /restaurant, a public fuel station, and a retail sales concession area. Once said plans and specifications are agreed upon by the parties hereto, no material changes or modifications may be made therein or upon the permanent improvements so constructed without the written consent of Landlord. IU. As consideration (rent) for this Lease Agreement, Tenant agrees to pay and remit unto Landlord, beginning on the first day of the first month of the sixth (6th) year after the date of execution of this Agreement, a percentage of the Gross Receipts (as hereinafter defined) of the patio bar /restaurant, fuel station and retail sales concession area (hereinafter collectively called "Commercial Facility ") as follows: GROSS RECEIPTS PER MONTH % DUE From $0.00 to $100,000.00 100,000.01 to $150,000.00 150,000.01 to $200,000.00 200,000.01 to $250,000.00 250,000.01 and over 0.25% 0.50% 0.75% 1.00% 1.25% Such rental shall be calculated on a monthly basis, and shall be paid on or before the tenth (10th) day of each following month. All rentals due herein shall be paid to Landlord, ATTN: Collections Section, at 321 N. Mesquite Street or to P. 0. Box 9277, Corpus Christi, Texas 78408. As used herein, the term "Gross Receipts" shall mean all receipts and payments made in cash, by check or by credit cards, less applicable sales taxes and taxes paye.ble to the Texas Alcoholic Beverage Commission. Discounts paid on credit cards shall not be deducted from Gross Receipts for the purposes of the computations to be made hereunder. 2 V. Tenant and any sub - tenant operating the Commercial Facility shall keep strict and accurate books of account, in accordance with generally accepted _ accounting procedures and practices, regarding the operation of the Commercial Facility. Beginning with the sixtieth (60th) month or portion thereof after execution of this Lease Agreement, Tenant or the sub - tenant operating the Commercial Facility shall furnish to Landlord monthly statements showing Gross Receipts identifying such Gross Receipts for the preceding month. Such monthly statements shall be certified by the Tenant or sub - tenant operating the Commercial Facility to be true and correct to the best of its knowledge, and shall be submitted on or before the tenth (10th) day of the month following to the address of Landlord to which rents are payable. The form of such statements shall be prepared in accordance with generally accepted accounting procedures and practices. Landlord shall have reasonable access to all accounting records of Tenant and, if applicable, the sub - tenant operating the Commercial Facility. VI. Upon completion of construction of the improvements described in Article II hereof and during the term of this Lease Agreement, Tenant shall provide to Landlord, at no rental cost to Landlord, the area described and delineated as the City Marina Office on the plans and specifications to be approved by the parties hereto which shall be in general conformance with the preliminary plans and specifications submitted with Tenant's proposal. Tenant shall further provide to the public the free use of the ground floor restrooms during the term hereof. VII. During the term hereof, Tenant shall be responsible for the following: (A) Maintaining the entire Leased Premises and improvements thereon at all times in a satisfactory state, as may be reasonably required by Landlord; (B) Removing all debris from the Leased Premises and Marina and restoring the improvements to a satisfactory state of repair, within a reasonable time, following damage by storm, fire, vandalism or other destructive forces. Notwithstanding anything herein to the contrary, this paragraph shall not apply in the event the Leased Premises, or access thereto, are damaged or destroyed and the Landlord fails or refuses to rebuild or repair the Leased Premises or the areas appurtenant thereto necessary for Tenant's effective use and operation of the improvements situated thereon. (C) Ensuring that no pollutant, effluent, liquid or solid waste material, litter or trash issues from the Commercial Facility or is allowed to collect in the water of the Marina or in the 3 vicinity of the Leased Premises or adjacent parking area. (D) Paying all costs for installation and use of all utilities (except the cost for use of electricity and /or gas by the City Marina Office, which cost shall be paid by Landlord) and services . required on the Leased Premises, including, but not limited to, water, sewer, sanitation, necessary fire hydrants, gas and electricity. (E) Securing and maintaining throughout the life of this Lease Agreement, at Tenant's expense, the following insurance: (1) Workers' Compensation insurance, or its approved equivalent, covering all employees of Tenant engaged in any work at or on the Leased Premises. (2) Insurance policies providing fire, vandalism, malicious mischief and flood coverage for all improvements constructed on the Leased Premises in an amount sufficient to replace said improvements. (3) Public liability insurance in the amount of Five Hundred Thousand Dollars ($500,000.00) for bodily injury or death to any one person, One Million Dollars ($1,000,000.00) for bodily injury or death for any one occurrence, and One Hundred Thousand Dollars ($100,000.00) for property damages. Said policy shall include coverage for poisoning or illness from consuming any food or beverage. Said public liability policies of insurance shall name Landlord as an additional insured by their terms and shall contain provisions that they cannot be cancelled unless thirty (30) days' notice of cancellation shall first have been served upon Landlord. Certificates of insurance for all said policies shall'be furnished Landlord prior to any construction activities pursuant to this Lease Agreement and maintained at all times throughout the term of this Lease Agreement. VIII. Landlord shall provide janitorial services for the Marina Office and the ground floor public restrooms. Provision for storage of garbage and trash shall be made by Tenant on the Leased Premises at a location and in containers as approved by Landlord. Such location of garbage containers shall be screened or appropriately landscaped by Tenant in a manner approved by Landlord. Upon the completion of the improvements, garbage pickup shall be required no less than five (5) days per week. IX. This Lease Agreement shall not be assigned or transferred by Tenant nor shall any portion of the Leased Premises be subleased by Tenant without the written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees to pay any and all taxes assessed against any portion or all of the improvements on the Leased Premises and insures that all such taxes shall be paid on or before the date they are due. X. Tenant and Landlord mutually agree to indemnify, hold and forever save the other harmless from and against all claims, demands, causes of action, 4 costs, attorney's fees, or liabilities of any nature whatsoever arising out of this Lease Agreement from the other's use, operation, maintenance or occupation of the Leased Premises, the improvements thereon, and immediate vicinity (including conditions arising therefrom), whether such use, operation or occupancy is authorized or not, or from any act or omission of the other party, its agents, officers, employees, patrons, guests or invitees. XI. Tenant agrees to begin construction according to the following schedule: (A) On a temporary fuel station, within 45 days after approval by both parties of the final plans and specifications. (B) On the permanent improvements as identified by the approved plans and specifications, construction shall begin on or before the expiration of 120 days from the date both parties hereto approve the final plans and specifications. Tenant covenants that construction activities described herein will proceed in an orderly and timely manner, and Tenant will permit no unreasonable delays in construction except those delays over which Tenant has no control (i.e., war, flood, hurricane, strikes and unavailability of materials). In the event Tenant fails to begin construction on all of said permanent improvements within one year from the date of execution of this Lease Agreement, this Lease Agreement shall terminate and be of no further force and effect. XII. The parties hereto recognize and agree that Tenant will borrow certain funds to construct the agreed improvements on the Leased Premises, and that the lender or lenders of the Tenant will require a first lien upon those items for which the lender's funds are used to buy or construct. This Lease Agreement, and the obligations of the Tenant hereunder, are expressly contingent upon Tenant receiving funding, by the start of construction set forth in Article XI (B), for construction financing in an amount, and upon such terms as may be acceptable to Tenant. It is understood and agreed that, in the event of any foreclosure by any lender of its lien or liens on the leasehold improvements, fixtures or trade fixtures, such lender shall succeed Hereunder to all rights, privileges and duties of the Tenant as if said lender was originally named the Tenant herein, and such lender shall have a reasonable time from and after the date of foreclosure (not less 5 than 90 days) to sublease the Commercial Facility to such parties as may be approved by Landlord. XIII. Landlord does not warrant nor does it insure the structural integrity of the Lawrence Street T -Head or the subsurface support provided the Leased Premises, and Tenant and any sub - tenant waive any and all claims against Landlord for any damages, loss of use or economic loss due to the interruption or cessation of business operations caused by any subsidence or loss of subsurface support for the Leased Premises or other areas described in paragraph I herein. This Lease Agreement shall be effective from and after the date of execution by the last party signing same. ATTEST: City Secretary APPROVED AS TO LEGAL FORM: I This -day of , 1982. J. BRUCE AYCOCK, CITY ATTORNEY 6 LANDLORD CITY OF CORPUS CHRISTI, TEXAS By: Edward A. Martin, City Manager Date of Execution: TENANT William 0. Harrison, Jr. Lawrence R. Williams Wayne A. Lundquist, Jr. Rueben Welsh Nixon Welsh Date of Execution: than 90 days) to sublease the Commercial Facility to such parties as may be approved by Landlord. XIII. Landlord does not warrant nor does it insure the structural integrity of the Lawrence Street T -Head or the subsurface support provided the Leased Premises, and Tenant and any sub - tenant waive any and all claims against Landlord for any damages, loss of use or economic loss due to the interruption or cessation of business operations caused by any subsidence or loss of subsurface support for the Leased Premises or other areas described in paragraph I herein. This Lease Agreement shall be effective from and after the date of execution by the last party signing same. LANDLORD ATTEST: CITY OF APPROVED AS TO LEGAL FORM: This 29iday of J. BRUCE AYCOCK, CITY ATTORNEY CHRISTI, TEXAS ait • y are artin, ity 'anager Date of Execution: .54j' a) /f.P4 , 1982. e• -''' • / / % AUTHORIZt) BY OOURCIL'- t" -L SECRETARY RECORDER'S MEMORANDUM • ALL NAMES NOT TYPED UNDER SIGNATURES 6 TENANT Nixbn Welsh • Date of Execution: 47427 / /712._ VOL 1842 1' : 46'7 wnLIAM B. OGLETREE. P.E. JAMES E. GUNN. P.E. JOE H. BYRNE. P.E. NIXON M. WELSH. P.E. C. MICHAEL HUBNER ASSOCIATE DANA A. BENNETT. A.P.A. OGLETREE, GUNN, BYRNE, WELSH 8, HUBNER ENGINEERS AND PLANNERS PROPERTY DESCRIPTION•• (512) 883.7241 P. O. BOX 3551 • ZIP 78404 0551 2016 N. SHORELINE, CORPUS CHRISTI, TEXAS (504) 899.5910 912 LOUISIANA AVENUE NEW ORLEANS. LA. 70115 PROJECT: Lighthouse Marina Bar PREPARED BY:r DATE :10/4/82 DESCRIPTION: Lease Area REVISED: October 19, 1982 SHEET 1 OF 2 STATE OF TEXAS .COUNTY OF NUECES Description of a 0.403 acre tract, more or less, out of the Corpus Christi Municipal Marina and being a portion of a land mass called the Lawrence Street T -Head, said T -Head being bounded in part by two foot wide Easterly and Northerly perimeter bulkheads which have waters of Corpus Christi Bay at outboard face and land of T -Head at inboard face, said tract further described by metes and bounds as follows: • CHECKED BY: I JOB #89 -82119 BEGINNING at a 5/8" iron rod set in asphalt pavement which bears N13 °00'05 "W 417.69 feet from the intersection of a chisel mark set in top center of said Easterly bulkhead and the centerline extension of the principal street access to said T -Head from Shoreline Boulevard, said beginning 5/8" iron rod for the Westernmost corner of this tract; THENCE N08 °18'48 "E at 74.95 feet pass a 5/8" iron rod set in asphalt pavement for reference point, in all a distance of 111.43 feet to a chisel mark set in concrete pavement for the Northernmost corner of this tract, said Northernmost corner bearing S08 °18'48 "W 2.0 feet from a chisel mark set in top center of said Northerly perimeter bulkhead for reference point; i� J. XHi, j r /a VOL 1842 469 PROJECT: Lighthouse Marina Bar DESCRIPTION: Lease Area REVISED: October 19, 1982 PREPARED BY: CHECKED BY • eTE:10 /4/82 JOB #89 -82119 SHEET 2 OF 2 THENCE S87 °56'41 "E along a line, more or less parallel to said Northerly perimeter bulkhead at 115.18 feet to a chisel mark set in concrete pavement which bears S02 °02'58 "W 2.00 feet from a chisel mark set for reference, point in the top center of said Northerly perimeter bulkhead, said chisel mark in concrete pavement for a Northeast corner of this tract, said reference point and Northeast corner being in the immediate vicinity of the Northeast "corner" of said T -Head, there being no accurate description of the location of said "corner "; THENCE, more or less parallel to said perimeter bulkhead in vicinity of said Northeast "corner" of T -Head S49 °48'08 "E 38.92 feet to a chisel mark set in concrete pavement for the Easternmost corner of this tract which bears N27 °50'52 "W 5.70 feet from a chisel mark set in top center of said Easterly perimeter bulkhead for reference point; THENCE S05 °08'02 "W 103.59 feet more or less parallel to said Easterly perimeter bulkhead to a chisel mark set in concrete pavement for the Southernmost corner of this tract and bearing N81 °41'12 "W 3.00 feet from a chisel mark set in top center of said Easterly bulkhead for reference point; THENCE N81 °41'12 "W at 39.06 feet pass a 5/8" iron rod set in asphalt pavement for reference point, in all a distance of 153.28 feet to the POINT OF BEGINNING. APPROVED BY: At Ni M. Welsh, P.E. FILED FOR REC ORD (V 1:= en ■ °i Cv Rai E 791 iuArE 862 A. N Nov , �= COUNT/ OffHUCES I wary certify that this IestnmSK wee MD at the hp Ind st the time ttemfed lateen by ms, end ma /M/ RECORDED. in the Volume end faze et the wad iKCORDS el.Neeas Cowry, Iota. et ttenjed Wen by me. on NOV 2 1982 COUNTY CLERK. MAZES COUNIT.1w& That the foregoing ordinance w ead for he third time and passed finally • on-this—the day_of_ i�/2✓moo , _19i1Ci by the following vote_ Luther Jones / Betty N. Turner C// /, Jack K. Dumphy / , Bob Gulley / Herbert L. Hawkins, Jr. /�/___ Dr. Charles W. Kennedy /' �• i Cliff Zarsky //�4 PASSED AND APPROVED, this the 14 day of OF - , 19 ATTEST: it Secretary THE CITY OF CORPUS CHRISTI, TEXAS s { ' . e '. That the foregoing ordinance read ad for the first time and passed to its second reading on this the 7 day oft41_Q;c�_ , 19, by the following vote: r —� Luther Jones Betty N. Turner' Jack K. Dunphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance w read for t third reading on this the day of following vote: Luther Jones Betty N. Turner • Jack K. Dunphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy second time a d passed to its , 19_�, by the Cliff Zarsky — --•-- That the foregoing ordinance Was j,'ead„ for the thi d time and passed-finally , 19, , by the following vote: on this the f/ day of Luther Jones y' l Betty N. Turner 4 ti Jack K. Dumphy Bob Gulley (uP/11)- Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the day of ATTEST: City Secretary APPROVED: rj-&. DAY OF 19 J. BRUCE ' f 1 K, �T ATTORNEY BY AZA.4411P r r' // , Ass" ant Ity Attorney MA ;/ s�ar o CITY OF CORPUS CHRISTI, TEXAS , 19 17129 CITY OF CORPUS CHRISTI DISCLOSURE OF OWNERSHIP INTERESTS City of Corpus Christi Ordinance 17112 requires all persons (APPLICANT) seeking to do business with the City to provide the following information, Every question must be answered. If the question is not applicable, answer with "NA ". APPLICANT NAME Tf C/lfid APIA, I /Al # APPLICANT ADDRESS r9s cP wR 4A/TC, 65%/4 ILl92A APPLICANT is 1. Corporation ( ) 2. Partnership ( "3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) Please answer the following questions on a separate attached sheet if necessary. rt SECTION 1 - CORPORATION la. Names and addresses of all Officers and Directors of Corporation. lb. Names and addresses of all shareholders of the Corporation owning shares equal to or in excess of 3% of the proportionate ownership interest and the percentage of each shareholder's interest. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material required herein.) SECTION 2 - PARTNERSHIP /ASSOCIATION /JOINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interest therein, whether limited or general, is equal to or in excess of 3 %. L,i /LL,�f.Y. ©. s�.4..t spa tax-. os . CN .e." leost v y),f((��,?. s� kfethe�'NCF � ' 'Cd /GL /yS,,r_ ��Sr ifrt4.J3, eAr e 7 �'.V ?. S % G�igY,�F a ZLW6h4 iJJ �.e 5333 004' t4( - - S "Ao ,qad, -.J GcJoLS, ' v /cic w-' zf - ass/ (7/) - �s�/ i0e.. /, (7iv ) — 2b. Associations: The name and address of all officers, directors, and other members with 3% or greater interest. SECTION 3 - ALL APPLICANT'S - ADDITIONAL DISCLOSURE 3a. Specify which, if any, interest disclosed in Section 1 or 2 are being held by agent or trustee and give the name and address of principal AND /OR by a trust and give the trust number, institution, name and address of trustee or estate administrator, and name, address, and percentage of interest in total entity. 3b. If any interest named in Section 1 or 2 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a 3% interest in that "holding" corporation or entity as required in 1(a), 1(b), 2(a), and 2(b). 4'#,r/F 3c. If "constructive control" of any interest named in Section 1 or 2 is held by another party, give name and address of party with constructive control. ( "Constructive control" refers to control established through voting trusts, proxies, or special terms of venture or partnership agreements.) 3d. If any interest named in Section 1, 2, 3a, 3b, or 3c is being held by a member of the City Council, an employee, or a member of a Board or Commission appointed by the City Council of the City of Corpus Christi, state the name, address, and whether the individual is a member of the City Council, an employee, or a Board or Commission member. • I have not withheld disclosure of any interest known to me. Information provided is accurate and current. I will be responsible for submitting a revised form if any of the above information changes. 7,4 Title: ATTEST: Q2� /ft) S gnature of Person Prepa ng Statement CHERYL MILLER Notary Public Nueces County, Texas tary P blic %- 1°1 -SL} MOTION Whereas, Ordinance No. 17129 authorized the execution of a 30 -year lease agreement with T -Head Marina for construction of a Marina Office, fuel station, public restrooms, patio bar /restaurant and retail sales concession area facilities on the Lawrence Street T -Head; Whereas, an amendment to said lease agreement is desired prior to the execution of same; and Whereas, the full text of said lease agreement was not published within five days following the third reading of said Ordinance; Therefore, Councilmember c�%u�r ,ter moved and Counci lmember , seconded that: The third reading of Ordinance No. 17129 which occurred July 21, 1982, be rescinded, and the lease agreement attached as Exhibit "A" be amended prior to third reading to delete the grant of a right of first refusal for two ten -year extension periods of the lease term and insert one ten -year option for extension of the lease term. STATE OF TEXAS, County of- Nueces. }SS: PUBLISHER'S AFFIDAVIT #V385234 CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came ........ _._ ......... . MARTINEZ who being first duly sworn, according to law, says that he is the ACCOUNTING 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 LEASE AGREEMENT,... of which the annexed is a true copy, was published in T_HE . Q4820...Q13.B .1,S.TI.._UALLER..TSMFS _ 26th JULY 82 day one on the._.._— day of. _ _. ._ 19., and once each._ thereafter for _ consecutive.._._.. day one Times. //yy LORRAINE C. MARTINEZ v l d4/221g• i /_ .!. C1 ACCOUNTING CLERK Subscribed and sworn to before me this 13 tl$ay of AUGUST EUGENIA S. CORTEZ Notary Puitlic, Nueces County, Te STATE OF TEXAS, iss: County of Nueces. J Before me, the undersigned, a Notary Public, this day personally came. ....... __-.. - -_ __ -.- LORRAINE C. MARTINEZ . who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times. .y. ar....... #V385227 CITY OF C.C. PUBLISHER'S AFFIDAVIT /w027 Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE,... of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES on the 1 9thday of JUL" _.— ...._.19...$_2, and once each day. thereafter consecutive day one Times, 27.90 LORRAINE C. MARTINEZA2 o, /f ACCOUNTING CLERK Subscribed and sworn to before me this 4th day 9f AUGUST 19 .82 EUGENIA S. CORTEZ � Notary Nu Nueces County, Texas 4' r[7:- frOilCE OF e ,r PASSAGE ``TrIft DI f;r4feL stmLnitEA r4 0 .1Z1,tra. 0 .E ASE A'GR E En'Aff rIZIR CONSTRUCTI .4TH T-HAD 'mq MARINA OFF;7C, TATION■ PUBtaci-Zre• ROOMS, PATIO/ BARIRES./ TAURANT AND REVAIT_ SALES ,CO,NC'SSG10 AREA sFACILIT1657 N THE LAWRENCE.STREEV- T-HEAD. Was passed oni'econ4V reading by the City-Cobncil of the City of Corposthristj/ Texas on the 141113 Day of July, 1982, previdsly ape` proved on first reading on,/ the 7th day of July, 1982 IThf full text of said orduahp is available to the pubticp the' Office 01 the CIty Secret ry. •s-Bill G! ea( CitySecr 1 __—,-4----Cotpus ChHfj, fixes 1. - • •17iq`T I KNOWN "AL'L B THESE PRESENTS: FOR AND TIN.CONSID• ERATION of the sum of TEN AND NO /100 DOLLARS ($I0.00) and the mutual agreement/t, and covenants herein conlained, the CITY OF COITUS CHRISTI, TEXAS, COITUS corps • ration (he le)nafter called 'Landlord'-) and T•HEAD MARINA, t Texas General Partnershl,l formed and op- erating un0er the laws of the State of Texas, (hereinafter called "Tenant "), do hereby contract, covenant and agree as follows: Landlord, provisions ion an to the terms, erovisiodo and condi- tions hereof, does hereby lease, let, demise and rent exclusively ur Tenant, and Tenant does hereby rent and lease f rom Landlord, the lowing described premises (hereinafer called the "Leased Premises"): That certain portion of the Lawrence Street T •Head de- scribed by metes and bounds on the attached EXHIBIT A ", which is Incorporated by reference herein as if same were copied In full at this point. In addition to the above, Landlord grants, lets and de- mises unto Tenant, and Ten- ant's ernployees, business In- vitees and agents, the non- exclusive use of certain areas of the Lawrence Street T -Head, 65 follows: . (A) Any and all pUbllt roadways now existing thereon for purposes of in- gress and egress to and from the Leased Premises. (B) The automobile park Ing area`appurtenanf to thei Leased Premises, the num ber of parking spaces hereby; granted to be In conformity, with the,q ordinances of the City_of -Corp5s Christi. It. The primary term of th) Lease shall-be for a period of thirty (30) years, cont- mencing op the date of exe- cution of this Leasa:Agree- ment; and-at -the end of the said- prim•ry term, the Landlord will own all per- manent improvements con• strutted the Leased Prent Ices. Tenant hereunder is granted an exclusive option . to re -lease the part or por- tions of the permanent im- provements thereon not' oc- cupied by the Landlord fo one (1) additional ten (10) year riod under Such rea, sonable and customary, terms and conditions then available for property In the City of Corpus Christ) having a comparable use. Landlord must give written notice to Tenant not less than one (1) year prior to the expiration of the primary term of thirty (30) years Setting forth the rate of rent, any other terms and conditions of the lease under the option period, and the comparables used by Landlord In calculating ame. Tenant must give lwrttten notice to Landlord not less than six (6) months prior to the expiration of the irpa,ry-terrll0tlts Intention x-i'f8ll0e said ten (10) year Tenant agrees to Construct certain improvements on the Leased Premises according 'o plans and specifications to e agreed upon by the Land - lord and Tenant. Such plans nd specifications shall pro - Ide for a City Marina Of- )ice, public restrooms, a patio bar/ restaurant, a pub- pc fuel station, and a retail sales concession area. Once Said plans and specifications are agreed upon by the par- ties hereto, no material changes or modifications thay be made therein or upon e permanent improve - )nents 50 Constructed With- out the written consent of Landlord. IV. Al consideration (rent) for his Lease,Agreements, Ten - nt agrees t0 pay and remit nto Landlord, beginning on he first day of the first anth of the sixth (6th) year fter the date of execution of his Agreement„ a percent - aereinafter deli defined) Receipts the atio bar/ restaurant, fuel tbfien and retail sales con - ession area (hereinafter oliectively called ' Com- ercial Facility "), as fol- ows. ROSS ER MONTH IPTS From 60.00 to %DUE 100,000,00 0.25% 100,000.01 to 5150,000.00' 0,50% 150,000.01 to 5200,000.00 0.75% ,000.01 to 5250,000.0P- 1.00% 250,000.01 and over 1.25% Such rental shall be calcu- lated on a monthly basis, and shall be paid on or before the tenth (10th) day of each fol- lowing month. All rentals due herein shall be paid to Landlord, ATTN: Collet- lions Section, at 321 N. mes- quite Street or to P.O. Box 9277, Corpus Christi, Texas 78408, As used herein, the term "Gross Receipts" shall mean all receipts and pay- ments made In cash, by check or by'credit cards, less applicable sales taxes and axes payable to the Texas Alcoholic Beverage Commis. It cards shall not be deducted `from Gross Receipts for the purposes of the com• potations to be made here - Under. . V. Tenant and any sub - tenant ;Facility ty shall keep mm trand )accurate books of account, in )accordance with generally accepted accounting pro- cedures and practices, re- garding the operation of the Commercial Facility. Be- ginning with the sixtieth (60th) month or portion thereof after execution of this Leasp Agreement, Ten - ant or the subtenant oper- ating the Commercial Facil• Ity shall furnish to Landlord monthly statements showing Gross Receipts Identifying such Gross Receipts for the preceding month. Such monthly,statements'shall be certified by the or ss0b��b nt appe ❑❑'�� GIal °i re ty tope rue an rreci'Y best 11� of Its knowledge, ¶d :pall be R/ submitted on-or "-efore-the tenth (10th) day of the month following 'to the address of Landlord to which rents ire payable. The form of such statements shall be prepared in accordance with general) accepted accounting prece . ures and practices. Landlor. shall have reasonable acces_ to all accounting records of Tenant and, if applicable the sub - tenant operating the Commercial Facility. VI. Upon completion of toll struction of the Improve, ments, described In Article I I hereof and during the terns of this Lease Agreement) Tenant shall provide t Landlord, at no rental cost/ Landlord, the area describe and delineated as the 'Cif Marina Office on the plan and specifications to be app proved by the parties here tj which shall be in genera conformance' with the pre' amino ry plans and spec)fice tons submitted with Ten ant's proposal. Tenant shal further provide to the publl the-free use of the grown floor restrooms during thj term hereof. 91 VII. 'Inc term hereof Tenant shall be responsibl for the followingy• (A)•Mainfalning the entlr� Leased Premises and Im provements thereon at al times Ina satisfactory statg as may be reasonably re quired by Landlord; (B) Removing all debri from the Lea 0d Premises and Marina ,nd restoring the Improver mts to a sells factory state if repair, with In a reasona, le time, follow Ing damage15y storm, fire vandalism 9 ((other destruc rive forces./ iotwithstanding anything hi~,`ein to the con trary, this 'paragraph shall not apply In the event the Leased Premises, or access thereto, are damaged or de stroyed and the Landlord falls or refuses to rebuild or repair the Leased Premises or the areas.' appurtenant thereto necessary for Ten- ant's effective use and oper- ation of the Improvements situated thereon. (C) Ensuring that no pollu- tent,effluent, liquid or 66110 waste material, litter -or trash Issues from the Com- mercial Facility or Is al lowed to collect in the wale of the Ma017 -. Me vICtn (fy of the Leased premises or adjacent parking are atallelflonyand use of all 09111- Iles (except the cost for use of electricity and,or gas b the CI}y Ma oleo Office which coif sha Landlord) iand toe viceesd ey quired on je Leased Prem- Ises, Includ;ng, but not limit- ed to, water, sewer, sanitation, necessary fire by drants, gas and electricity, taming through and main. this Lease Agreemenf,eat Tenants expense, the follow - Ing insurance: (1) Workers Com- pensation Insurance, or its approved equivalent, 005 - aKing"all'e PloyeaetoPsTath; (3)in niy��e $Idfny fire, , Ilclous m(schlel'an•' -ood coverage for all improve- ments constructed on the Leased Premises In an amount sufficient to replace said improvements. (3) Public liability Insur- ance In the amount of Five Hundred Thousand Dollars (5500,000.00) for bodily in- jury or death to any person, One Million Dollars (6),000,000.00) for bodily In• jury or death for any one oc- currence, and One Hundred Thousand Dollars) (5100,000.00) for propert damages. Said policy shall Include coverage for poison- ing or illness from con•; sumingy any food or bever-, age. Said public liability naimeeLandlorduas an addi- tional insured by their terms and shall contain provisions that they cannot be cancelled unless thirty (30) days' no- tice of cancellation shall first Save been served upon Land- Certificates of insurance for all said policies shall be fur- nished Landlord prior to any construction activates pur- suant to this Lease Agree- ment and maintained at all times throughout the term of this Lease Agreement. VIII. Landlord shall provide janitorial" services fort the Marina Office and the ground floor r rooms. Provision foristorasge of garbage and trash shall be made by _Tenant on the Leased Premises at a loca- tion and In containers as ap• proved by Landlord. Such lo- cation of garbage containers shall be screened or appro- priately landscaped by Ten- ant to a manner approved by Landlord. Upon the corn- garba efpick improvements, ha - gUired no less than five (5) days per week. IX, Tiffs Lease Agreement shall not be assigned or transferred by Tenant nor shall any portion of the Leased Premises be sub- leased by Tenant without the written approval of Land- lord, which approval shall not be unreasonably with- held. Tenant agrees to pay any, and all faxes assessed against any portion or all of the Improvements an the Leased Premises and Insur- es that all such taxes shall be paid on or before the date they are due. X. Tenant -and Landlord mu- tually agree to indemnify, hold and forever save the other har(nless from and against all claims, demands, causes of action, costs, attor- ney's fees, or liabilities of any nature whatsoever aris- ing out of this Lease Agree- ment from the other's use, operation, maintenance or occupation of the Leased Premises; the Improvements thereon, and Immediate vi- cinity (including conditions arising therefrom), whether such use, operation or occu- pancy is authorized or not, or from any act or omission of the- othar -pa rt yr. i is - agents, s;' , pate s, • (A) Ons ahtempeorary fuel station, within 45 days after approval by both parties of the final plans and specifics. hops. (B) On the permanent im- provements as Identified by the approved plans and spec- ifications, construction shall begin on or before the ex- piration a reyre eth ptishe o the the final plans and specifications. Tenant covenants that con- struction activities de- scribed herein will proceed in an orderly and timely manner, and Tenant will per- mit no unreasonable delays In construction except those delays over which Tenant has no control (I.e., war, flood, hurricane, strikes and unavailability of materials): In the event Tenant falls to begin construction on all of permanent Improve- ments within one year from the date of execution of this Lease Agreement, this Lease Agreement shall terminate and be of no further force and effect. XII. The anparties ee that Tenant will borrow certain funds to I construct the agreed Im- provements on the Leased -, Premises, and that the lend- er or lenders of the Tenant will require a first lien upon those Items for which the lender's funds are used to buy or construct. This Lease obliga- tions of the Tenant here• under, are expressly contin- gent upon Tenant receiving - funding, by the start of con- struction set forth In Article XI (B), for construction ff• nancing in an ambunt, and accetaf tTn may s pbte o Tenant. It Is understood and agreed that, in the event of any fore- closure by any lender of Its Ilen or liens on the leasehold improvements, fixtures or ;trade fixtures, such lender shall succeed hereunder to all rights, privileges and duties of the Tenant 05 if said lender was originally named the Tenant herein, and such lender shall have a reason- able time from and after the date of foreclosure (not less than 90 days) to sublease the Commerbial,F,acllity -to such parties as may be approved Dy L eit STATE OF TEXAS, Ls: ,'County of Nueces. PUBLISHER'S AFFIDAVIT - #V380427 CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came LORRAINE MARTINEZ who being first duly sworn, according to law, says that he is the ACCOUNTING 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 NOTICE OF PASSAGE OF ORDINANCE ON FIRST Ri;,AmACG.�w_..._.__ �- — THE CORPUS CHRISTI CALLER -TIMES of which the annexed is a true copy, was published in -° -- - -- on the.1 2thday of...._ JULY 19. $2., and once each day thereafter for 911e..___. consecutive. day 4r0 Times. - -..._ MAR-MAR R - -- ? L g1 26.10 Subscribed and sworn to before me this 1 9th of JUL 19 82.... 1/7 EUGENIA S. CORTEZ 4- . Not Public, Nueces County, T . as 7411SS4GE.OP'-" 8OE%O - FIRST RDINANC READING AUTHO�NG EXECU• TION ( A 30 -YEA: LEASE AGREEME T WITH T -HEAD MARIN FOR CONSTRUCTION OF A MARINA OFFICE, FU STATION; PUBLIC RES - ROOMS, PATIO/ BAR RES- TAURANT AND RETATC SALES CONCESSIO AREA :.ACILITIES ON THE LAWRENCE STREET- T -HEAD. Was passed on first real, Ing by the City Council of the City of Corpus Christi, Texas• on the 7th day of July, 1962. The full text `of said ordf! nonce Is available to the pub- lic in the Office of the C Secretary. •s•Bill G. REEd City Secretar Corps2 Chr• Texas 4s. $R TO: BILL G. READ CITY SECRETARY 4 ATE IC ' / —PZ Please handle ❑ For information ❑ Reply ❑ Return ❑ Draft (letter) (memo) for my signature ❑ For your information - No reply necessary t