HomeMy WebLinkAbout17875 ORD - 10/12/1983TEXAS:
AN ORDINANCE
APPROVING THE TRANSFER OF THE CONTRACT AND LEASE AGREEMENT
BETWEEN THE CITY AND NUECES LANDING COMPANY TO HASSLOCHER
ENTERPRISES, INC., AND APPROVING A COLLATERAL ASSIGNMENT OF
LEASE TO INTERFIRST BANK SAN ANTONIO, N.A.; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That an Assignment of Lease Agreement from Nueces Landing
Company to Hasslocher Enterprises, Inc., be approved thereby transferring the
contract and lease agreement between the City of Corpus Christi, Texas, and
Nueces Landing Company to Hasslocher Enterprises, Inc., which assignment is more
fully described in the agreement, a substantial copy of which is attached hereto
and made a part hereof, marked Exhibit A.
SECTION 2. That a "Collateral Assignment of Lease" agreement from
Hasslocher Enterprises, Inc., to Interfirst Bank San Antonio, N.A., be approved
in order to secure the financing of a floating barge restaurant adjacent to the
"L" Head, all as more fully described in the agreement, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit "8".
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to take
immediate action to approve the aforementioned agreements in order to close the
pending financing of the barge restaurant at the earliest practicable date, such
finding of an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances or resolutions at three
regular meetings so that this ordinance is passed and shall take effect upon
first reading as an emergency measure this the 12th day of October, 1983.
ATTEST:
e«etar�
y ecretary
APPROVED:
AY OF OCTOBER, 1983
coc , ity ttorney
/1•
MAY RYIo•lem
THE CIT OF CORPUS CHRISTI, TEXAS
17575
1SEP 2 81984
M1CROF!H Mrn
ASSIGNMENT OF LEASE, ACCEPTANCE THEREOF
AND CONSENT THERETO
WHEREAS, on November 9, 1981, The City of Corpus Christi,
Texas, a municipal corporation (herein referred to as "The City"),
as Lessor, and NUECES LANDING COMPANY (herein referred to as
"Nueces" or "Assignor"), as Lessee, entered into a Contract and
Lease Agreement, copies of which are attached hereto as Exhibit "A"
and incorporated herein by reference for all relevant purposes
(hereinafter the "Contract and Lease Agreement"); and
WHEREAS, Nueces is a wholly owned subsidiary corporation of
Hasslocher Enterprises, Inc., a Texas corporation (herein referred
to as "Hasslocher" or "Assignee"); and
WHEREAS, Nueces, as Assignor, desires to transfer all of its
right, title and interest in and to the Contract and Lease Agree-
ment to Hasslocher, as Assignee, without being released from any
duties and obligations thereunder;
NOW, THEREFORE, for and in consideration of the premises here-
in contained, and other good and valuable consideration, the re-
ceipt and sufficiency of which is hereby acknowledged, the parties
hereto hereby agree as follows:
1. Assignor hereby transfers and assigns to Assignee all of
Assignor's right, title and interest in and to the Contract and
Lease Agreement with The City of Corpus Christi, Texas, a municipal
corporation, dated November 9, 1981, as same are more particularly
described on Exhibit "A" which is attached hereto.
2. Assignor hereby acknowledges it shall continue to remain
fully liabtl4I for the performance of all the duties of the Lessee
under the Contract and Lease Agreement notwithstanding this Assign-
ment.
3. Assignee hereby accepts the above assignment, hereby
agrees to comply with all of the provisions of said Contract and
Lease Agreement and duties and obligations required to be performed
by the Lessee thereunder.
4. This Assignment shall be binding upon and inure to the
benefit of the parties hereto, their respective successors and as-
signs.
Ex`A
5. This Assignment is subject to and contingent upon obtain-
ing the consent of The City of Corpus Christi to the foregoing
assignment. In the event The City shall refuse to consent to the
foregoing assignment of the Contract and Lease Agreement, this
Assignment shall be deemed null and void and held for naught.
EXECUTED this day of , 1983.
ASSIGNOR: NUECES LANDING COMPANY
BY:
ASSIGNEE: HASSLOCHER ENTERPRISES, INC.
BY:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
, 1983, by of NUECES
LANDING COMPANY, a Texas corporation, on behalf of said corpora-
tion.
STATE OF TEXAS
COUNTY OF
NOTARY PUBLIC, State of Texas
Printed Name - Notary Public
My Commission Expires:
This instrument was acknowledged before me on the day of
, 1983, by of
HASSLOCHER ENTERPRISES, INC., a Texas corporation, on behalf of
said corporation.
NOTARY PUBLIC, State of Texas
Printed Name - Notary Public
My Commission Expires:
-2-
CONSENT TO ASSIGNMENT
Pursuant to XI of the Contract and Lease Agreement dated No-
vember 9, 1981, the undersigned hereby consents to the assignment
of the hereinabove mentioned and described by Nueces Landing Com-
pany to Hasslocher Enterprises, Inc.
EXECUTED this day of , 1983.
STATE OF TEXAS
COUNTY OF NUECES
THE CITY OF CORPUS CHRISTI
By:
Its:
This instrument was acknowledged before me on the day of
1983, by of THE
CITY OF CORPUS CHRISTI, TEXAS, a Texas municipal corporation, on
behalf of said corporation.
NOTARY PUBLIC, State of Texas
Printed Name - Notary Public
My Commission Expires:
-3-
COLLATERAL ASSIGNMENT OF LEASE
THE STATE OF TEXAS §
COUNTY OF BEXAR §
WHEREAS, NUECES LANDING COMPANY (hereinafter referred to
as "Nueces"), has heretofore entered into an Agreement to
Contract and Lease Agreement (hereinafter the "Lease") with
the CITY OF CORPUS CHRISTI, TEXAS, (hereinafter referred to
as "Lessor"), a municipal corporation, dated November 9,
1981;
WHEREAS, Nueces has assigned the Lease with Lessor, to
HASSLOCHER ENTERPRISES, INC., a Texas Corporation,
(hereinafter referred to as "Assignor" or "Lessee");
WHEREAS, Assignor has requested that INTERFIRST BANK SAN
ANTONIO, N.A. (hereinafter called the "Assignee") make
available proceeds to construct a floating restaurant (the
"Loan") to be located in such city, and the said INTERFIRST
BANK is requiring as additional collateral for the Loan, all
of Assignor's interest in said Agreement to Contract and
Lease Agreement be assigned to Assignee as collateral
therefor;
WHEREAS, the terms and conditions of the Lease require
that the prior written approval of the CITY OF CORPUS
CHRISTI be obtained prior to any assignment of such Lease;
NOW, THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,
HASSLOCHER ENTERPRISES, INC., CITY OF CORPUS CHRISTI, and
INTERFIRST BANK SAN ANTONIO, N.A. hereby agree as follows:
Assignor hereby conveys, transfers and assigns to
INTERFIRST BANK SAN ANTONIO, N.A., Assignee, the hereinabove
described Lease, a copy being attached hereto as Exhibit "A"
and made a part hereof for all purposes, to have and to hold
the same subject to the hereinafter stated conditions and
covenants. This Assignment is made to secure the payment of
that one certain Promissory Note in the principal sum of
$2,000,000.00 dated of even date herewith, executed by
HASSLOCHER ENTERPRISES, INC., and payable to the order of
INTERFIRST BANK SAN ANTONIO, N.A.
Assignor warrants that Assignor is the sole owner of the
entire Lessee's interest in the Lease; that the Lease is
valid and enforceable and has not been altered, modified or
amended in any manner whatsoever save as herein set forth;
that the undersigned, Lessee therein, is not in default
under any of the terms, covenants or conditions thereof;
that no rent reserved in the Lease has been assigned or
anticipated and that no rent for any period subsequent to
the date of this assignment has been paid in advance of the
time when the same became due under the terms of the Lease.
Assignor covenants with Assignee to observe and perform
all the obligations imposed upon the Lessee under the Lease
and not to do or permit to be done anything to impair the
security hereof, not to execute any other assignment of
Lessee's interest in the Lease or assignment of rents
arising or accruing from the Lease or from the premises
described in said mortgage; not to alter, modify or change
the terms of the Lease or cancel or terminate the same or
accept a surrender thereof without the prior written consent
of Assignee; at Assignee's request to assign and transfer to
the Assignee any and all subsequent leases upon all or any
part of the premises described in the Lease or said mortgage
FBBcw188;10/6/83 PAGE - 1 -
and to execute and deliver at the request of Assignee all
such further assurances and assignments in the premises as
Assignee shall from time to time require.
This assignment is made on the following terms,- cove-
nants and conditions:
1. Upon or at any time after default in the payment of
the principal sum, interest and indebtedness secured hereby
and by said Note and mortgage or in the performance of any
obligation, covenant or agreement herein or in said Note,
mortgage or lease covenant or agreement herein or in said
Note, mortgage or lease contained on the part of Assignor to
be performed, Assignee without in any way waiving such
default may at its option without notice and without regard
to the adequacy of the security for the said principal sum,
interest and indebtedness secured hereby and by said Note
and mortgage, either in person or by agent, with or without
bringing any action or proceeding, or by a receiver
appointed by a court, take possession of the premises
described in the Lease and/or mortgage and have, hold,
manage, lease and operate the same on such terms and for
such period of time as Assignee may deem proper and either
with or without taking possession of said premises in its
own name, sue for or otherwise collect and receive all
rents, income and profits of said premises, including those
past due and unpaid with full power to make from time to
time all alterations, renovations, repairs or replacements
thereto or thereof as may seem proper to Assignee and to
apply such rents income and profits to the payment of: (a)
all expenses of managing the premises including, without
being limited thereto, the salaries, fees and wages of the
managing agent and such other employees as Assignee may deem
necessary or desirable and all expenses of operating and
maintaining the premises,- including without being limited
thereto, all taxes, charges, claims, assessments, water
rents, sewer rents and any other liens and premiums for all
insurance which Assignee may deem necessary or desirable and
the cost of all alterations, renovations, repairs or
replace -replacements, and all expenses incident to taking and
retaining possession of the premises: and (b) the principal
sum, interest and indebtedness secured hereby and by said
Note and mortgage, together with all costs and attorney's
fees in such order of priority as to any of the items men-
tioned in this paragraph numbered "1." as Assignee in its
sole discretion may determine, any statute, law, custom or
use to the contrary notwithstanding. The exercise by
Assignee of the option granted it in this paragraph numbered
"1." and the collection of the rents, income and profits and
the application thereof as herein provided shall not be con-
sidered a waiver of any default by Assignor under said Note
or mortgage or under the Lease of this assignment.
2. Assignee shall not be liable for any loss sustained
by the Assignor resulting from Assignee's failure to let the
premises after default or from any other act or omission of
Assignee in managing the premises after default unless such
loss is caused by the willful misconduct, gross negligence
and bad faith of Assignee. Nor shall Assignee be obligated
to perform or discharge nor does Assignee hereby undertake
to perform or discharge any obligation, duty or liability
under the Lease or under or by reason of this assignment and
Assignor shall, and does hereby agree, to indemnify Assignee
for, and to hold Assignee harmless from, any and all
liability, loss or damage which may or might be incurred
under the Lease or under or by reason of this assignment
and from any and all claims and demands whatsoever which may
be asserted against Assignee by reason of any alleged obli-
gations or undertaking on its part to perform or discharge
any of the terms, covenants or agreements contained in the
FBBcw188;10/6/83 PAGE - 2 -
Lease. Should Assignee incur any such liability under the
Lease or under or by reason of this assignment or in defense
of any such claims or demands the amount thereof, including
costs, expenses and reasonable attorney's fees shall be
secured hereby and Assignor shall reimburse Assignee there-
for immediately upon demand and upon the failure of Assignor
so to do Assignee may, at its option, declare all sums
secured hereby and by said Note and mortgage immediately due
and payable. And it is further understood that this assign-
ment shall not operate to place responsibility for the
control, care, management or repair of said premises upon
Assignee, nor for the carrying out of any of the terms and
conditions of the Lease; nor shall it operate to make
Assignee responsible or liable for any waste committed on
the property by the tenants or any other parties or for any
dangerous or defective condition of the premises, or for any
negligence in the management, upkeep, repair or control of
said premises resulting in loss or injury or death to any
tenant, licensee, employee or stranger.
3. Upon payment in full of the principal sum, interest
and indebtedness secured hereby and by said Note and
mortgage, this assignment shall become and be void and of no
effect but the affidavit, certificate, letter or statement of
any officer agent or attorney of Assignee showing any part
of said principal, interest or indebtedness to remain unpaid
shall be and constitute conclusive evidence of the validity,
effectiveness and continuing force of this assignment and
any person may, and is hereby authorized to, rely thereon.
Upon receipt from the Assignee of written notice to the
effect that Assignee is then the holder of said note and
mortgage and that a default exists thereunder or under the
assignment, Assignor hereby authorizes and directs the
Lessee named in the Lease or any other or future lessee or
occupant of the premises described therein or in said
mortgage to pay over to the Assignee all rents, income and
profits arising or accruing under the Lease or from the
premises described therein or in said mortgage and to
continue so to do until otherwise notified by Assignee,
except that rent which is expressly payable to the Lessor
under the Lease.
4. Assignee may take or release other security for the
payment of said principal sum, interest and indebtedness,
may release any party primarily or secondarily liable there-
for and may apply any other security held by it to the satis-
faction of such principal sum, interest or indebtedness
without prejudice to any of its rights under this assignment.
5. The term "Lease" as used herein means said lease
hereby assigned or, at the option of Assignee, any extension
or renewal thereof and any lease or sublease subsequently
executed during the term of this assignment covering the
premises described in the Lease or said mortgage or any part
thereof.
6. Nothing contained in this assignment and no act
done or omitted by Assignee pursuant to the powers and
rights granted it hereunder shall be deemed to be a waiver
by Assignee of its rights and remedies under said Note and
mortgage, and this assignment is made and accepted without
prejudice to any of the rights and remedies possessed by
Assignee under the terms of said Note and mortgage. The
right of the said Assignee to collect said principal sum,
interest and indebtedness and to enforce any other security
therefor held by it may be exercised by Assignee either prior
to, simultaneously with, or subsequent to any action taken
by it hereunder.
FBBcw188;10/6/83 PAGE - 3 -
7. In case of any conflict between the terms of this
instrument and the terms of the mortgage described above,
the terms of the mortgage shall prevail.
8. This instrument is further subject to the terms and
conditions of a Loan Agreement of even date herewith, in
particular, the notice and cure periods contained therein.
9. Any notice to be given or to be served upon any
party hereto, in connection with this Assignment, must be in
writing, and may be given by certified or registered mail
and shall be deemed to have been given and received when a
certified or registered letter containing such notice, pro-
perly addressed, with postage prepaid, is deposited in the
United States Mails; and if given otherwise than by cer-
tified or registered mail, it shall be deemed to have been
given when delivered to and received by the party to whom it
is addressed. Such notices shall be given to the parties
hereto at the following addresses:
City of Corpus Christi
Legal Department
P. O. Box 9277
Corpus Christi, TX 78469
InterFirst Bank San Antonio, N.A.
Attn: Mr. Kirk McClelland
300 Convent Street
San Antonio, TX 78205
With a copy to:
Frank B. Burney
Martin & Drought, Inc.
615 Soledad, Suite 300
San Antonio, TX 78292
Hasslocher Enterprises, Inc.
Attn: Mr. Steven Pritchard
8520 Crownhill Building
San Antonio, TX 78209
This assignment, together with the covenants and war-
ranties therein contained, shall inure to the benefit of
Assignee and any subsequent holder of the said Note and
mortgage and shall be binding upon Assignor, his heirs,.exe-
cutors, administrators, successors and assigns and any sub-
sequent owner of the mortgage premises.
IN WITNESS WHEREOF, the Assignor has caused these pre-
sents to be executed this day of , 1983.
HASSLOCHER ENTERPRISES, INC.
BY:
"ASSIGNOR" or LESSEE"
FBBcw188;10/6/83 PAGE - 4 -
THE STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day per-
sonally appeared of
HASSLOCHER ENTERPRISES, INC., known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
GIVEN under my hand and seal of office, on this, the
day of , 1983.
Notary Public, State of Texas
Print or Type Name
My Commission Expires:
CONSENT
The undersigned hereby consents to the Assignment of the
hereinabove mentioned and described Agreement to Contract
and Lease by NUECES LANDING COMPANY to HASSLOCHER
ENTERPRISES, INC., and this Collateral Assignment by
HASSLOCHER ENTERPRISES, INC. to INTERFIRST BANK SAN ANTONIO,
N.A.
EXECUTED this day of , 1983.
THE STATE OF TEXAS
CITY OF CORPUS CHRISTI
By:
Its:
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day per-
sonally appeared of
the CITY OF CORPUS CHRISTI, known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the pur-
poses and consideration therein expressed, and in the capa-
city therein stated.
GIVEN under my hand and seal of office, on this, the
day of , 1983.
Notary Public, State of Texas
Print or Type Name
My Commission Expires:
FBBcw188;10/6/83 PAGE - 5 -
: ACREEN•ENT TO CONTRACT' •
STATE OF TEXAS 1
COUNTY OF NUECES I
•
This agreement is made and entered into this the 9 J day of ,(&a ., %.
, 19 1.,. by and between the City of Corpus Christi, Texas, a muni�ciai
corporation, hereinafter called "City", and The Nueces Landing Cotes. nc
hereinafter called "Second Party", a private Texas corporation whose principal .
office and place of business is in the City of Corpus Christi, Rueces, Texas.
In consideration of the mutual covenants and agreements herein contained
and subject to the terms and conditions herein, it is mutually agreed as follows=
r. Eatablishment.of Floating Restaurant
The Second Party shall acquire, construct, and diligently make all.
preparations -for equipping, manning and fully establishing a restaurantting restauran
which is to be open for business to the public and located on.tM east side. of the
"L" Head as indicated on the attached site plan. (Exhibit ."D"). . . .•
•
•
II. Resoonsibility for Plans, Specifications and Construction
' The Second. Party shall have full responsibility for the preparation.
of all plans and specifications'and,supervision of construction of the Floating
restaurant.
III. 'Approval of Plans, Flooring
All plans and specifications for the Floating restaurant and any
changes thereto must be approved by the City prior to commencing work at the
lease site. Flooring lines, spuds, pilings and/or anchors shall be approved in
writing by the Marina Director prior to commencing work at the site.
IV. Permits and Comoliance with the Law
This project and the establishment of the restaurant must fully
comply with all federal, state, and local laws, ordinances, rules, and regulations
All applicable permits and licenses shall he obtained by Second Party at its own
expense.
V. Responsibility for Fccs and Costs
The costs of acquisition (by purchase, lease, or otherwise), construct-
ion and equipping of the Floating restaurant craft, business, and Iease site, includi
all costs for special mooring and pilings required it daemed advisable by the City,
,_inspections, architects' and. engineers' fees, and alljher fees and cost_
be borne'entirely by the Second Party. Second Party shall pay all costs for install
ation of required sewer lines, fire hydrants, and lift stations. City-does not as-
sume and will not in any way be responsible for any of the financial obligations in-
curred or created by the Second Party in connection with the acquisition, equipping,
or establishment of the Floating restaurant.
VI. indemnity-
The Second Party shall indemnify and hold harmless the City fromany
and all charges, claims or liability of any nature whatsoever arising out of Second
Party's acquisition, equipping, or establishment of the said Floating restaurant_
VII.. Sewer Reouirements
The City warrants that sewer service is available to the lease site-
at the existing sanitary-sewer lift station on. the L-Head_ Second. Party shall, at
its own expense, extend either a gravity line or a minimum four-inch.foree mate
from the lease site to the existing lift station- Such plan shalliBe su?attte3 to-
the Director-of Engineering- and Physical Development for approval prior to any
construction-
-Second Party shalt install a two-compartment grease trap between the
food preparation area and the sewer line. Disposal of al/ grease shall be in
accordance with regulations of the City and County Health. Department_
VIII. Water -Requirements
The City warrants that water service will be available to the -leasee
site at an eight -inch water main to be installed by the City on the L -Head termi-
nating at an existing fire- hydrant located near the existing comfort station-.
Second Party shall, at its ower expense, extend domestic and fire lines from a meter
to be located adjacent to the existing fire hydrant to -a location- necessary to serve
the Floating'restaurant. The plans for- the extension shall be submitted to the Direc
of Engineering. and Physical Development for approval prior to construction_
IX- Natural Gas Reouirements
The City warrants that natural gas service will be available dock
side adjacent to the Floating restaurant, at no cost to the Second Party, if natural
gas is used for heating and cooking. Otherwise the Second Party must pay a prorate
share of the cost of the gas main extension. The City will extend a two-inch gas
main from the west side of Shoreline Drive to the Floating restaurant Lease site.
X. Electrical Power
Second Party shall, at its own expense, be responsible for making all
t`.< flit' adequate electrical service to the gloating restaurant site.
. . Telcohone Service
Second Party shall, at its own expense, be responsible for making all
rh,. n - fnr telephone service to the Floatinc reataurant'site.
XII. Seccnt 'arty Nnershin_ •
Second l•-drty warrants that Second Party is..at the time of the exec.
tion of this agreement composed of the following ownership' interests:
James L. Brozo, President
Michael Grimsinger, Vice President
James C. Boren, Secretary -Treasurer
XIII. Agreement to Lease
The parties agree that when all of the requirements of this Agreeze
to Contract have been fulfilled the parties shall enter into a lease, with the Ci
as Lessor and Second Party as' Lessee, a copy of which is attached hereto as Exhic
XIV. Liquidated Damages
In the event that- Second party fails to execute the lease attached
hereto as Exhibit A and said Floating restaurant is not ready to open for business
fully capable of operation by odtoberl, 1982, then the Second Party's.bid security
of $1,000 shall be forfeited to the City as liquidatedd�damages. •
O
ECUTED.IN DUPLICATE ORIGINALS THIS the 9TH^- day of
19 b! , by the authorized representatives of the parties.
• ATTEST:
Secreta
• i
ATTEST:
SECOND PARTY'/ &Let Az/
/1V6eYS f34),et7a Co -'/Jt
•
1
CITY OF CORPUS CrLRISTI, TEXAS
�i a , City Sedretary \ Ernest M. Briones
Acting City Manager
APPROVED:
2 '.c7°: -DAY OF 19 3
J. Bruce Aycock, City Attorney
Assistant City Attorney •-
•
?'. _...:Wa.. litter
Assistant City Manager
THE STATE OF TEXAS
COUNTY OF NUECES X
KNOW ALL TEN BY THESE PRESEIS
A
Thi:: agreement is made and entered into this the / day of
nQi 79 c71 , by and between the City of Corpus Christi, Texas, a munici-
pal corporation, hereinafter called "City", and The Nueces Landing Company-, 7,,e9
pP
hereinafter called "Second Party", a private Texas corporation, whose princi'- -
office and place of business is in the City of Corpus Christi, Nueces County, Texas
City, in consideration of Second Party's faithful performance of the COVE
nants described herein, leases to Second Party a certain dockside area in the Cor-
pus Christi Marina upon these terms:
I
DEMISED PREMISES. City hereby leases to Second Party the following:
Sufficient berthing space on the east side of the."L"-Head to accommodate the
Floating restaurant all as more fully shown on the attached Exhibit "D"
PERMITTED USE. The
I(1
premises shall be used solely as a'restau-
rant with bar. The bar shall be a secondary use only. The business operation
shall be confined to the Floating restaurant. Itis understood that this lease
does not constitute the granting to Second Party of an exclusive right to operate
a restaurant in the Marina area.
II1
TERM. The term of this lease shall be for a period offifteen (15 ) -
years, tormenting with the opening of the restaurant to the public, and ending
fifteen ( 15) years thereafter on the anniversary of the opening date.
IV
RENTAL. Second Party shall pay each month to the City as rental for
the above described premises a percent of the total monthly gross receipts
in accordance with the following schedule:
Year Percentage of Gross
1-3 3.50
4-5 3.75
6-10 4.00
11-15 4.25
The first monthly payment being due and payable on or before the tenth day of the
month following the month, or portion thereof, in which the restaurant first
opens for business. Subsequent rental payments shall be due and payable monthly
on or before the tenth day of each calender month thereafter.
•:.LWniLY I ig' AL STATEMENTS. Second Part,-•,1sli-r1.1 ;.cep strict .u.d accu-
Nc.:s of account of all receipts collected. Second Party- agrees to furnish
c'iiy is railicd nonrhly statements of gross receipts itemizing the individual date:
( ,;i;,,,!Llan. Such statements shall he (ot,aulutcd according to currently acceptr.
prucechit s and in a form hrescr•ibcd by the City's Director of Finance_
of ars:o!:nt eh111 be .41un Eor 1nspeetiun by the City at all tiires-
VC
'iiia City cat-a:;.nts to the Sactnd Party the unintcrrvtc
•:_e Ot this loyal:;un, except as expressly provided in this agreement. The City rt
-4ei es the right and power to substitute an alternate site by giving Second Party
two (2) years written notice of its intention to exorcise such right and power-
VII
ower_VII
LESSEE RESPONSIBILITIES. Second. Party (as Lessee) shall be responsible
For the following: •
a) Cost for installati.on.and use of all utilities, including, but not
1 ir,itc - to, water, sewer, Sanitation, electricity, natural gas, and telephone.
b) Compliance with all fecLral, state, and local laws, Ordinances, Tule
.:•:J:fur regulations, as an:Ibled, including, but not limited, to Chapter 12 of the
::ity of Corpus Christi Code of Ordinances and the Marina Rules and Regulations_
c) All employees shall be covered by Workers' Compensation Insurance,
.::.itried at the expense of Second Party.' Such insurance policy, by its terns,
shall also cover claims brought tinder the Jones Act and General Maritime Law.
d) Obtain and carry a policy of public liability insurance upon the
said demised premises and Floating restaurant craft, by terms of. which the City shat
be an additional named insured. Such policy shall include coverage for poascrii
or illness frc:n food or drink, in the anount of $500,000 for bodily injury dr deat
to any one person, $1,000,000 for bodily injury or death for any one occurrence,
cid $100,000 for a claim of property damage. The City shall be furnished a certi-
fied copy of such effective policy of insurance prior to the commencement of the
l ase term. Said policy shall include a provision that the policy may not be can-
celed or terminated until City.has been given 30 days written notice of such can-
cellation.
e) maintaining the Floating restaurant, mooring Lines, spuds, pilings
and/or anchors at all times in a satisfactory state of repair, as specified by the
..a.ina Oi.-..ctor.
f) R: ing the Floating restaurant i1e event it sinks, rdless
the.cause of'its s'rnking.
g) Removing the Floating restaurant from the Marina in the event of
extensive damage, destruction, sinking, or partial sinking, regardless of cause
h) Ensuring that no pollutant, effluent, liquid or solid ;casts mater
bilgewater, litter, trash, or garbage issues from the Floating restaurant prem
allowed to collect in the waters of the City Marina or in the vicinity of the F
restaurant or parking areas utilized by restaurant customers or employees_ It :
be the duty of the Second Party to regularly police the vicinity of the Floacir4
restaurant for such materials and clean up and remove such materials in order tc
maintain the cleanliness and attractiveness of the City Marina.
i) Ensuring that the noise level issuing from the Floating restaurant
shall be reasonable and shall not be discernibly audible to a person of normal
hearing sensitivity standing along the east curbline of North Shoreline Boulevar
(northbound) or the sane distance if located alternately as in VI above.
j) Filing a certified monthly financial statement as described in Par.
graph V on or before the tenth day of each month, and at the same time paying
the rental amount described in Paragraph IV. .
k) Regularly inspecting and maintaining fire fighting systems and equi
ment in the highest degree of readiness, and regularly training employees is fire
prevention and emergency procedures.
1) Payment of all operating expenses incurred by Second Patty in connec
tion with the said Floating restaurant business.
VIII
IMPROVEMENrs. No improvements, additions -or alterations shall be made
to the Marina facilities without the prior written approval of the City. All im-
provements, additions, or alterations made by the Second Party will comply with
all City Codes and shall become the property of the City:
IX
REPAIRS. Major repairs, as determined by the Marina Director, shall nor
n,be made to the Floating restaurant while located within the demised premises. Hoc
� \_ever,.reasonable minor maintenance will be authorized within the demised premises.
RF.ST\URA' OPERATION. The restaurant op •`ion shall he cart Jut by
J
Second'Party in busi.ress-like manner at all times. The'hour•s and'days'of opera-
tion throughout this lease shall be comparable to those of other restaurants in ti
City which place emphasis upon lunch and evening meals.
XI
ASSIGNVENT OR SUBLEASE. Second Party may not assign this lease nor sub-
lease the premises nor any part thereof without the prior written consent of the
City.
XII
HURRICA\E PREPAREDNESS. In the event the area is threatened by a hurri-
cane or some other emergency situation, Second Party shall comply with all orders
of the Marina Director or his authorized representative.
(Hurricane preparedness plan of Floating restaurant)
XIII
SANITATION. Garbage and trash shall be stored aboard the Floating res-
taurant craft or upon the "L" -Head at a location designated by the Karina Director.
All garbage or trash stored in areas designated upon the "L" -Head shall be stored
either in normal containers or dumpster type containers. Such containers shall
be stored inside a small building, screened or appropriately landscaped area all
at Second Party's expense as approved by the Marina Director. 'The garbage con- .
tainer shall be landscaped and maintained by the Second Party. Garbage pick-up -
will be required no less than five (5) days per week.
XIv
—PARKING. Parking for restaurant employees and customers will be the
head portion of the "L" -Head provided, however, that such.areas shall not be for
the exclusive use of Second Party, its employees and customers.
XV
SANITARY SEWER. Operation of sanitary sewer facilities shall be in accort
ante with the Industrial Waste Ordinance No. 12896, as amended. Maximus: sanitary
sewer flows from the demised premises to the lift station shall not exceed 20,000
gallons per day. In the event the City has reason to believe that such flows excee:
20,000 gallons per day, Second Party shall be required to install, at its own expen;
a flow meter on the line from the lease site to the lift station. Such flow meter,
is to be installed within thirty (30) days after written notice of such installation
r.-etil•Pmennt is scr. the City. Should the rest. Jof the flew mete. dicatc
:hat the 20,,000• .•nl•lo s par e•:y.n; _cirum is e.ceedcd, then the Second Party shah
either alter the operations of the Floating restaurant to keep the flow Within 20,C
vuliur.s per day, or shall, nt Secc•n1 Party's expense and after City approval, cr.
the existing tit station to be modified for the purpose of increasing the lift
st:d itn1 .'!v11Lity.
• The City r•:1rr:_1ts sower service from the lift station only as long as
.:1.trical service to the station is not disrupted by stonn, accident or other h
Clls or catastrophe. Sttlldby power to operate the lift station is not available
the preparation of this lease, nor is it p1'••-tr_d by the City. Maintenance of th
sanitary serer system from the lift station to the lease site shall be the respc
sibility of the Second Party.
XVI
XON -DISCRIMINATION. Second Party shall be responsible for the fair an
just treatwet of all of its employees. Sccend Party warrants that it is and.w•i
c --n t inue to be an equal opportunity e:: plo> er and hereby covenants that no employ
or customer shall be discriminated against because of race, creed, color, -or nat
al origin. violation of this provision shall be cause for immediate termination
this lease by the City.
XVII
• INSPECI•ION_ City personnel shall have the right to enter upon the dem
premises, including the Floating restaurant craft, at all times, for purposes of a:
inspection, repair, fire or police action, and the enforcement of this lease.
XVIII -
I,NDcPEIDENT CONTRACTOR. It is further understood and agreed that Seco
Party is and shall be an independent contractor hereunder. Second Party shall e
ploy sufficient employees necessary for the operation of said business, which em
ployees shall be solely in the employ of the Second Party.
XIX
TERMINATION. Except as otherwise provided herein, City may terminate•
this lease whenever Second Party fails to comply with the provisions and covenan
contained herein, and fails or refuses to comply within a reasonable time after
receiving written notice of the violation and recommended cure. In the event of
any •termination, Second Party shall immediately ccagly with a written order from
r.he Marina Director to remove the Floating.restaurant craft from the Marina.
XX.
NOTICES. Any notices provided for under this lease nay be given, in
,writing, to the City, by delivering or mailing the notice to the Marina Director
'ufficc,'t P..0. •SON °7, Corpus, Cl ri,ti, Teas; 7SAS,.,;n(.1 to thc•Sc:nud Party,
Ly del it':. t gthe notice to 1,1' .:....Yuec_a l.ar.d+rtg rn-;gLav
P.o..Bas _91_1$.--• .--._..._....-_—, Corpus Christi, Teas,—Za412
, located at
k\(-
1.t)I)II:1(:\TIONS. No chnn;;os or modifications to the lease _hall he trade
••.i ::p• provision t•.air�:ci, artless in writing: s1 ncd by a ,.erson :utbot :.: d to si•,c
,,:n'.. o...nts on behalf oC C•:.11 party.
N' ( I
• Irla.rN�11. •:,.t F.IL�:y <1::11 it c:.:.:. -
•-- _ .d "'Jul�_u; il�c(.Icrtt and/or "in do
1',.uit" it t:Se City ..:s nut reg:` -t .dPari.y'; ..a:thly rental payment
l t Ilc:llL a;l:� lif
uncial statement en or before 5 p.m. or, the tenth day of the month_ If the Loth
city of the ;loath falls on a weekend or a holiday, payment and financial statement
1 -hail he tendered on the first business day thereafter. In the event of sttdi del
in•.;_ency ,end/or default, the City may, at its option, terminate this lease after.
Second Party fails or refuses to pay the amount due and/or protide the rrquired-
fincncial statement within, five (5) day's after City has sent written notice to
Second Party of such deli.n uenc>- and/or default.
\III
I\D1i`n1fY. Second Party shall incla:vtiCy and hold the City harmless fro:
and against all claims, demands, causes of action, costs, attorneys' fees, Iiahil
ties of any nature whatsoever arising out of this agreement, the Second Party's .use,
operation, or occupancy of the Floating restaurant and immediate vicinity (includin€
conditions arising therefrom), whether such use, operation or occupancy is author
izcd or not, or Econ any act or omission of Second Party, or its officer_, agents
cnp1oyees, guests, custo=rs, or invitees.
Second Party shall be liable to City for any'damage to City property
caused by Second Party, or its officers, agents, or employees. City docs not and
::ill net =n any way be respo::sible•or liable for any of the financial obligations
which may be incurred or created by Second Party, or its officers, agents, or ea-
p)oy'cos.
SIV
SIGNS .1\I) LIGHTING. No exterior signs or lighting or charges thereto
shall be installed upon or in the vicinity of the Floating restaurant without the
prior written approval of the City Manager. Such Floating restaurant shall be per-
mitted one (1) identification sign which shall meet the following conditions:
1) Sign, if illuminated, shill be either internally illuminated or
l.acllighted.
2) Si;; ;hall not cecccd tL rtty (20) tore feet in arca
S) Sign. ttic building Otich it relates
:;1:x11 not vrojcct 1. -re *in Ci;;hicen (13) inch_s fn'at the wall and shall
not t !!1 aheve t1:e hci;;i't or Uhc Bui lil n`q.
1:1N.ul'I:l) I\ 111PLll:\Cli ORI(;I\.115 this tire._ ._.day of_
, hy• t u: :: ithori:cd r:^; rcaLntntivcs of ti;c tsart.irs.
i.SC:
r ;
Set ratai -•----
i'ay� of
, 19•___
J. +r. ce Aycock, City Attorney
Ass ist;tnt City Attorney.
W..Thomas Utter
Assistant City Manager
SECOND )ND 1'.\ lY
C1Y OF COR2US CIIRISrr, TEXAS
E.M. Eriones,, Acting Cit,; Manager
A rt and Operational Conditior.,_;
Civil Defense
City of Corpus Christi
•
The following system for indicating the various phases of hurricane warning:
will be used:
Condition 5 - An alert condition set annually on June 1, which remains in
effect through November 30. This condition indicates that
the hurricane season exists.
Condition 4 - The path cf a SL4:71 or hurricane has been fairly well estab-
lished to indicate destructive winds of force within 72 hours.
Condition 3 - Movement of storm or hurricane indicates destructive winds
of force within 24 hours. Take preliminary precautionary
measures.
Condition 2 - Movement of storm or hurricane indicates destructive winds
of force within 18 hours. Take precautions to permit
establishment of a state of readiness on short notice.
Condition 1 - Movement of storm or hurricane indicates destructive winds
of force imminent. Establish a state of readiness and take
precaution to minimize damage.
The following actions should be taken under the various conditions:
Condition 5 - Go over your department planning and make any changes
necessary to bring it up-to-date. Any changes made should
be reported to the Civil Defense Office if they affect any
of the 'overall emergency planning. Keep alert to the fact
that the hurricane season is on and that sometimes these
disturbances are formed close to land and can go in along
the coast with a short pre -warning.
Condition 4 - The path of the hurricane has been fairly well established
and is no less than 72 hours away. Department heads should
keep well informed and make any preliminary preparations that
require more than average time to do.
Ccndition 3 - The disturbance is approximately 24 hours away. Plans to
have all water and fuel storage tanks filled on short notice
should be made. Foul weather gear and all equipment should be
checked.
•
Condition 2 - :?u• --'^are is only about 18 hours away. All personnel should
be put on a standby basis. Three 8 -hour work shifts should
be set up if this system is not already in operation. Under
this condition, the Mayor (Civil Defense Coordinator) may de-
clare an emergency. If an emergency is declared, the proce-
dure to follow will be the same as will be described.
d
•
Alert and Operational-'nditions ,
Civil Defense
City of Corpus Christi
Page 2
Condition 1 — Under this condition, a hurricane or tornado is imminent. -
- Take all precautions. If conditions warrant such action,
the Mayor will declare an emergency under this condition and
the full Ci•;il Defense plan for defense will go into action
on order of the First Assistant Coordinator (City Manager),
or his authorized representative.
Corpus Christi, Te s
«* day of ett4114..) , 198_
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
MAY0Parlo-
ITHE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed •y the following vote:
i
Luther Jones , ._
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
1Th 75