HomeMy WebLinkAbout17448 ORD - 01/26/1983AN ORDINANCE
AUTHORIZING A SUBLEASE AGREEMENT WITH THE SPARKLING CITY
ENTERPRISES, INC., FOR THE OPERATION OF THE COCKTAIL
LOUNGE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a
sublease agreement with Sparking City Enterprises, Inc., for the operation of
the cocktail lounge at the Corpus Christi International Airport for the
period of February 1, 1983, until July 31, 1992, all as more fully set forth
in the sublease, a substantial copy of which is attached hereto and made a
part hereof, marked Exhibit "A."
1744,8
SSP 4 4
�u0
• - Q P „04464
SEP 2 81984
MICROFILMED
THE STATE OF TEXAS §
COUNTY OF NUECES §
SUBLEASE
This agreement is made this day of
1983, at Corpus Christi, Nueces County, by and between Hidden Harbor
Associates, a Texas general partnership, herein referred to as Sublessor, and
Sparkling City Enterprises, Inc., a Texas corporation, hereinafter referred
to as Sublessee.
I.
Sublessor currently holds a leasehold interest in certain
designated areas and portions of the Corpus Christi International Airport
terminal building under an agreement made by and between First City Bank of
Corpus Christi, the City of Corpus Christi, and `Hidden Harbor Associates,
commencing August 1, 1982, and terminated July 31, 1992. Sublessor, desiring
to fully comply with the terms of said agreement, hereby leases and assigns
to Sublessee, that certain portion of the leased premises known as "old
baggage area" and "restaurant" and further shown on Exhibit "A."
II.
The premises shall be used as a cocktail lounge and bar for the
purchase, sale, and consumption of alcoholic beverages on the premises.
III.
The term of this sublease will commence on February 1, 1983, and
shall, unless sooner terminated under the provisions of this lease, or a
prior lease, terminate July 31, 1992.
IV.
Sublessee agrees to pay rent under this lease in an amount equal to
ten percent (10%) of the gross receipts derived each month from all alcoholic
beverages for the first five (5) years of the sublease and an amount equal to
eleven percent (11%) of the gross receipts derived each month from all
alcoholic beverages for the second five (5) years of the sublease term.
All percentage rentals shall be due and payable on or before the
15th day of each calendar month for the preceding month.
V.
Sublessor shall pay for all utilities furnished on the premises and
all state, civic, and county property taxes which may be assessed on the
demised premises.
VI.
Sublessor, at its expense, shall maintain and keep the premises in
good repair and condition.
VII.
Sublessee agrees to make available for public use at least during
the following hours a cocktail lounge for seven (7) days per week, between
11:00 a.m. and 11:00 p.m. and such other hours as may be warranted by public
demand, subject at all times to applicable state law.
VIII.
This agreement shall be subordinate to the provisions of any
existing or future agreements between First City Bank, the City of Corpus
Christi, and Sublessor.
IX.
This agreement shall be construed under and in accordance with the
laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Nueces County, Texas.
EXECUTED in duplicate on the day and year first above written.
SUBLESSOR: SUBLESSEE:
HIDDEN HARBOR ASSOCIATES SPARKLING CITY ENTERPRISES, INC.
By By
ATTEST:
ATTEST:
City Secretary
APPROVED:
ATTEST:
CITY OF CORPUS CHRISTI, TEXAS
By
Edward A. Martin, City Manager
APPROVED:
City Attorney A istant City
er
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 SPARKLING CITY ENTERPRISES, INC.
APPLICANT ADDRESS 14334 Goldfish, Corpus Christi, Texas 78413
APPLICANT is 1. Corporation (x) 2. Partnership ( ) 3. Sole Owner ( )
4. Association ( ) 5. Other ( )
Please answer the following questions on a separate attached sheet if:
necessary.
SECTION 1 - CORPORATfoN
la. Nantes and addresses of all Officers and Directors of Corporation.
Thomas R. Hale, 14334 Goldfish, Corpus Christi, Texas 78413
Ralph B. Ehrlich, II, 4413 Oxford Drive, Corpus Christi, Texas
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.)
Thomas R. Hale, 14334 Goldfish, Corpus Christi, Texas --40%
Jack W. Ottinger, 5141 N. E. 30th Ave., Lighthouse Point, FLA -33064-40;
Ralph B. Ehrlich, II, 4413 Oxford, Corpus Christi, Texas -20%
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%.
n/a
2b. Associations: The name and address of all officers, directors, and
other members with 3% or greater interest.
n/a
SECTION 3 - ALL APPLICANMS - 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.
None
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).
None
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.)
None
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.
None
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.
July 21, 1982
Title:
Date
Signa nre of Person Preparing Statement -
RALPH B. EHRLICH,.II, Secretary/Treasurer
Sparkling City Enterprises, Inc.
ATTEST:/i/o- � !GffLtr.�/
/ Notary Public
My commission expires 12/19/84
Jane Olivares
That the foregoing ordinance was read for the first time and passed to its
second reading on this the 1;.4_ day of , 1913 , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance was read for
third reading on this the lel day of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
•
Cliff Zarsky
die second time and assed to its
\finto x , 19 , by the
That the fore irygI ordinanc›.as read for the third time and passed finally
on this the p r `ilday of ,Airt-.- . prf , 1913 , by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the
ATTEST:
Ci Secretary
AP ED: (ryy
/b AY OF - , 19b j!
J. BRUCE AYCOCK, CITY ATTORNEY
By
ay of
190P
M
Pro -
THE CITY OF CORPUS CHRISTI, TEXAS
1'744
.NOTICE=OF PA- AGE
OF ORDINANCE'S
ON FIRST,READING
AUTHORIZING A SUB:
LEAS€ AGREEMENT
WITH'THE SPARKLING
CITY ENTERPRISES)
INC, FOR THE OPERA=
TION OF THE COCKTAIL
LOUNGE AT THE CORPUS
CHRISTI INTERNATION-
AL AIRPORT.
Was passed on first read-
ing by the City Council of
the City of Corpus Christi,
Texas on the 12th day of
January, 1983. The full text
of said ordinance is avail-
able to the public In the
Office of the City Secretary.
"a'",=o-Blll G. Read
City Secretary,
Corpus Christi,
exas
STATE OF TEXAS,
County of Nueces.
ANNA GARZA
PUBLISHER'S AFFIDAVIT
ss :
#643401
CITY OF CORPUS CHRIST:
Before me, the undersigned, a Notary Public. this day personally came.._.._._.
who being first duly sworn. according to kw, says that be is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christilhmes,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING A SUBLEASE
CORPUS CHRISTI CALLER -TIMES
of which the annexed is a true copy, was published in
on the 17 —day oL. JANUARY 19 83 and once each...... DAY thereafter for ONE
consecutive
DAY
21.60 ANNA GARZA
$_�_——_.._... ACCT CLERK --..__. _ _- ../...._
Subrcribed and sworn to before me thin . 15th.._ day a FEBRUARY —� , 19.
EUGENIA S. CORTEZ
Notary P Nueel County, Texas
83
NOTIC
OF ORDINATYCE
ON SECON[�Dr� READING
AUTHORIYtNG^ A- SUI
LEASE AGREEMEN{
WITH THE
CITY ENTERPRISES
INC., FOR THE OPERA
TION OF THE COCKTAIL
LOUNGE AT THE CORPUS
CHRISTI INTERNATION1
AL AIRPORT.
Was passedan first read,
Ing by the City Council of
the City of Corpus Christi,
Texas on the 19th day of
January, 1983. The full tett
of said ordinance Is to
the City Seccretary.
-s-Bill G. Read
City Secretary;
f(Corpus Christi,
1
PUBLISHER'S AFFIDAVIT - X3222
CITY OF CORPUS CHRIS I
STATE OF TEXAS, }s5: /7W
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came...
ANNA GARZA N, 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 ON SECOND READING AUTHORIZING A SUBLEASE AGREEMENT....
of which the annexed is a true copy, was published in ._.._CORPUS CHRISTI CALLER -TIMES
on the. 24tiiiay JANUARY _IQ 83 , and once ear , DAY ....thereafter for ONE
consecutive..�.DAY...._.._..._.......................
a- 21 .60-- - ^ ANNA GARZA
ACCT. CLERIC --
Subscribed and sworn to before me this 1st day of FEBRUARY
EUGENIA S. CORTEZ
19.83_.....
Notary Pub
x,
Nueces County, Texas