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HomeMy WebLinkAbout15608 ORD - 06/25/1980• jkh:6-25-80;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE REASSIGNMENT OF LEASE FROM GEORGANA CASTLE TO MARIANNE ELIZONDO AND OSCAR ELIZONDO OF CERTAIN AIRPORT RESTAURANT AREA FOR SALE OF ALCOHOLIC BEVERAGES AUTHORIZED BY ORDINANCE N0. 14073, DATED DECEMBER 14, 1977; EXTENDING THE LEASE PERIOD THROUGH JULY 31, 1981, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: • SECTION 1. That there is hereby authorized an amendment to the Reassignment of Lease from Georgana Castle to Marianne Elizondo and Oscar Elizondo of certain airport restaurant area for sale of alcoholic beverages authorized by Ordinance No. 14073, dated December 14, 1977, so as to provide for an extension of the lease period through July 31, 1981, all as more fully set forth in the amendment, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize the aforesaid amendment at the earliest practicable date in order that the facility may continue operation in an orderly manner 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 that such emergency and necessity exist, having requested the suspension of the 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 SO ORDAINED, this the day of ATTEST: C' y Secretary AP ROVED: AY OF JUNE, 1980: J. BRUCE YCOCK, CITY ATTORNEY By Assistant City and after its passage, IT IS ACCORDINGLY June, 1980. MAYO ‚TY OF CORPUS CHRISTI, TEXAS 15648 MICROFILMED. auG29i98Q AMENDMENT TO REASSIGNMENT OF LEASE THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City of Corpus Christi is the owner, as Lessee, of a lease from the Corpus Christi Bank & Trust, dated the 14th day of July, 1960, of the space at the Terminatl Building of the Corpus Christi Inter- national Airport; and WHEREAS, the City subleased to Mrs. Georgana Castle a portion of the said space, and the said sublease was assigned to Marianne and Oscar Elizondo for operation of a portion of said space for the retail sale of beer, wine, or liquor by the drink, or any combination thereof, and the City agreed to assignsaid lease for the area and portion of the premises. described for the purpose of the sale of alcoholic beverages, including but not limited to, mixed drinks, beer, wine, and ale; and WHEREAS, at this time, final plans for terminal building improve- ments have not been completed andfuture space allocations for the bar area are unknown, making it undesirable to enter into a long-term agreement; and WHEREAS, Marianne and Oscar Elizondo desire to extend the lease for one year and the City is agreeable to said conditions: NOW. THEREFORE, in consideration of the premises and for and in consideration of the charges, fees, rental covenants and agreements contained herein, the parties hereto do hereby agree on the following: ARTICLE I The parties mutually agree that the lease, as extended and amended, entered into between the parties be and the same is hereby continued to the date of expiration thereof and the terms and conditions of said lease are continued except as herein amended. ARTICLE II City agrees to extend the aforesaid lease, as amended, for one year, from August 1, 1980 through July 31, 1981. 1'%91 • ARTICLE III Lessee agrees to pay to City the following percentages on gross revenue commencing August 1, 1980 and continuing through July 31, 1981: 10% on alcoholic beverages (including but not limited to wine, beer and mixed drinks). For the purpose of calculating payment to City gross revenue shall not include any State Alcoholic Beverage Tax. ARTICLE IV The terminal space hereby leased is shown on Exhibit "A" attached for all purposes. The contract is subject to novation or revision in renegotiation in the event future modifications 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 con- cession, 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 , 1980. ATTEST: CITY OF CORPUS CHRISTI City Secretary By R. Marvin Townsend, City Manager APPROVED: DAY OF JUNE, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Marianne Elizondo ATTEST: Secretary Oscar Elizondo APPROVED: CORPUS CHRISTI BANK & TRUST By IC 74a1-44 .r nr '71" Ch. n_ 'I /JPO QJ/� Corpus Christi, Texas • 19 uQ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension 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 shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, HE CI SOF CORPUS CHRISTI, TEXAS The Charter rule was suspended b the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky f OJ L The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky L1� 15608