HomeMy WebLinkAbout16203 ORD - 04/29/1981AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO APPROVE AN AMENDMENT TO
THE REASSIGNMENT OF LEASE WITH MARIANNE AND OSCAR ELIZONDO
FOR SALE OF ALCOHOLIC BEVERAGES IN THE RESTAURANT OF THE
CORPUS CHRISTI INTERNATIONAL AIRPORT WHICH PROVIDES FOR
A ONE-YEAR EXTENSION OF THE LEASE AGREEMENT TO END JULY 31,
1982, 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 the City Manager be authorized to approve an
amendment to the reassignment of lease with Marianne and Oscar Elizondo for
sale of alcoholic beverages in the.restaurant of the Corpus Christi
International Airport which provides for a one-year extension of the lease
agreement to end July 31, 1982, all as more fully set forth in the amend-
ment, a substantial copy of which is attached hereto and made a part hereof,
marked Exhibit "A."
SECTION 2. The necessity to authorize approval of the aforesaid
amendment at the earliest practicable date creates a public emergency and
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 or Council members, 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 and after
its passage, IT IS ACCORDINGLY SO ORDAINED this the .2? day of April, 1981.
ATTEST:
649 alkli
f Secretary
APPROVED:
DAY OF-APb, 1981
of
J. BRUCE COC , CITY ATTORNEY
By
Assistant C
torney
MAYO
1
THEilr
Y OF CORPUS CHRISTI, TEXAS
MICROFILMED
16203 PSEP2'7t 'O''d
AMENDMENT TO REASSIGNMENT OF LEASE
THE STATE OF TEXAS 1
COUNTY OF NUECES
WHEREAS, the City of Corpus Christi hereinafter called "City"
pursuant to Ordinance No. 5787, leased to Corpus Christi Bank and Trust Company,
Trustee, on July 14, 1960, a space for the operation of a restaurant in the
terminal building at Corpus Christi International Airport; and
WHEREAS, Corpus Christi Bank and Trust Company, Trustee, hereinafter
called "Assignor," assigned such space to Dyneteria, Inc., pursuant to
Ordinance No. 9803 dated July 14, 1970; and
WHEREAS, Dyneteria, Inc., pursuant to Ordinance No. 13335, dated
August 11, 1976, reassigned a portion of said space to Mrs. Georgana Castle,
and the said reassignment was later reassigned by Ordinance No. 14073, dated
January 13, 1978, to Marianne and Oscar Elizondo, hereinafter called "Assignee,"
for the 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 assign said 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, Ordinance No. 15608, passed and approved on June 25, 1980,
extended said assignment through July 31, 1981; and
WHEREAS, at this time, final plans for terminal building improve—
ments have not been completed and future 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 assignment of lease, as extended
and amended, entered into between the parties be and the same is hereby con-
tinued to the date of expiration thereof and the terms and conditions of said
agreements are continued except as herein amended.
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b
ARTICLE II
Assignor agrees to extend the aforesaid agreements, as amended, for one
year, from August 1, 1981 through July 31, 1982.
Asignee agrees to pay to City the following percentages on gross
revenue commencing August 1, 1981 and continuing through July 31, 1982: 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 "1" 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 , 1981.
Assignee Assignee
Marianne Elizondo Oscar Elizondo
ATTEST:
ATTEST:
CORPUS CHRISTI BANK AND TRUST
COMPANY, TRUSTEE
By
Trust Officer
APPROVED:
CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
J. Bruce Aycock, City Attorney
By
Assistant City Attorney
74/ a )2.c.,./ • / t.)
/.) - ;•_1 _
X‘i
- •
41
Corpus Christi, Texas
day of , 19P)
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, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, 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, Respectfully,
Council Members
The Charter• -rule was suspended
- Luther Jones
'Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was passed
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy '
Cliff Zarsky
MAYOR
The City of Corpus Christi, Texas
by the
following vote:
18203