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:
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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
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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
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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