HomeMy WebLinkAbout18032 ORD - 01/18/1984AN ORDINANCE
AUTHORIZING EXECUTION OF A 60 YEAR LEASE WITH GREATER CORPUS
CHRISTI ENTERPRISES, INC. PROVIDING FOR THE CITY RECOGNIZING
AN APPROXIMATE FOUR FOOT ENCROACHMENT OF THE LA QUINTA
ROYALE HOTEL INTO THE PEOPLES STREET RIGHT-OF-WAY, PROVIDING
FOR LEASE PAYMENTS OF $1,000 PER YEAR FOR THE TERM OF THE
LEASE AND NECESSARY INDEMNIFICATION TO THE CITY FOR SUCH
ENCROACHMENT.
SECTION 1. That the City Manager is hereby authorized to execute a 60
year lease with Greater Corpus Christi Enterprises, Inc. providing for the City
recognizing an approximate four foot encroachment of the La Quinta Royale Hotel
into the Peoples Street right-of-way, providing for lease payments of $1,000 per
year for the term of the lease and necessary indemnification to the City for
such encroachment, all as more fully set forth in the lease, a substantial copy
of which is attached hereto and made a part hereof, marked Exhibit "A".
SEP 2 81984
1 O3Z
THE STATE OF TEXAS §
COUNTY OF NUECES §
LEASE AGREEMENT
KNOW ALL BY THESE PRESENTS:
This agreement entered into by and between Greater Corpus
Enterprises, Incorporated, a lexas Corporation, acting by and through its
duly authorized officer, herein referred to as "Owner", and the City of
Corpus Christi, a municipal corporation acting by and through it duly
authorized City Manager, herein referred to as "City",
WITNESSETH:
Whereas, Owner is the owner and operator of a business
establishment known as La Quinta Royale Motor Inn, situated at 601 North
Water Street, in the City of Corpus Christi, more particularly described as
follows:
Lots One (1) through Six (6), and the easternmost 135'
of Lots Nine (9) through Twelve (12), Block Five (5),
Beach Portion, an addition to the City of Corpus
Christi as shown by map or plat thereof recorded in
—_--_ Volume "A", page 3, Map Records, Nueces County, Texas.
WHEREAS, the structure erected by Owner on Lots One (1) and
Twelve (12) of the above described land constitute an encroachment upon the
right-of-way of Peoples Street between North Water Street and North
Chaparral Street; and
WHEREAS, it is the desire of the parties hereto that Owner be
authorized by City to continue to occupy the area of said encroachment by
such existing structure upon the terms and conditions as hereafter set
forth.
Now, therefore, for and in consideration of the payment of rents
to be paid by Owner to city and the agreements herein set forth, City
hereby leases to Owner the premises more particularly described by map and
metes and bounds thereof designated as Exhibits A and B respectively,
attached hereto and made a part hereof.
1. This lease shall be for a term of sixty (60) years beginning
January 15, 1984 and ending at midnight on January 14, 2044, subject,
however, to earlier termination as provided herein. This lease is made
pursuant to the authority granted in, and in accordance with the provisions
of Article IX, Section 29, of the Corpus Christi City Charter.
2. As rental for the leased premises, Owner agrees to pay City
the sum of One Thousand ($1,000) dollars per year the first payment of
which shall be due on execution hereof, and each succeeding annual payment
shall be due on the same day each year thereafter. It is further agreed
that such annual rental payment shall be increased by the amount of one
hundred ($100) dollars in increments of ten (10) years, i.e. for the term
of 1994-2003, $1,100; 2004-2013 term, $1,200; 2014-2023 term, $1,300;
2024-2033 term, $1,400; and, for the sixth and final ten-year term
beginning in 2034, $1,500. Payments shall be made to City's division of
Property Management in the Office of Land Acquisition, 1801 N. Chaparral,
Corpus Christi, Texas.
3. In the event the existing structure shall be totally or
partially destroyed by fire, hurricane or other storm, explosion or any
other casualty, and if Owner does not within twelve (12) months from date
of such destruction commence reconstruction and thereafter carry it to
completion with due diligence, this lease shall terminate.
4. In the event Owner shall discontinue use of the existing
structure for purposes permitted by applicable zoning regulations, for a
period of twelve (12) consecutive months for reasons other than destruction
of said structure, this lease shall terminate.
5. Within ninety (90) days after the termination of this lease,
Owner shall remove the existing structure at its own expense, regardless of
City's failure to demand removal or give any notice, other than a notice of
termination under other provisions of this lease. If Owner fails to remove
the existing structure in accordance with this section, then city may
remove the structure and require Owner to pay the expense of removal within
thirty (30) days therefrom.
6. Owner shall indemnify and hold harmless the City from any
and all losses, damages, claims or causes of action incurred by or asserted
against City for personal injuries, or death, or property damage arising
out of the existence, use, occupancy, operation, maintenance, alteration,
repair or removal of the structure situated on said premises leased
hereunder.
7. In the event default shall be made at any time by Owner in
payment of rent, or if default shall be made in any of the other terms and
conditions to be kept, observed and performed by Owner and any such default
shall continue for thirty (30) days after written notice thereof by
registered or certified mail to Owner from city, then City may at any time
thereafter, prior to the curing of such default by Owner, declare the term
of this Lease ended and terminated by giving Owner written notice of such
termination.
8. It is further mutually understood and agreed that the
covenants and agreements contained in the Lease, to be performed by the
respective parties, shall be binding on the said parties, and their
respective successors and assigns.
-2-
9. This Lease and the ordinance under which it is executed
shall not operate to repeal, rescind, modify or amend any ordinances or
resolutions of the City of Corpus Christi relating to the use or
encroachment of streets, the granting of permits and any regulations
relating to public rights-of-way or traffic.
Executed this day of , 19
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By:
City Secretary Edward A. Martin, City Manager
APPROVED: GREATER CORPUS ENTERPRISES, INC.
OWNER:
day of , 1984
J. Bruce Aycock, City Attorney
By:
Assistant City Attorney
By:
-3-
THE STATE OF TEXAS §
COUNTY OF NUECES § '
This instrument was acknowledged before me on this day of
, 19 , by Edward A. Martin as City Manager of the
City of Corpus Christi, Texas.
Notary Public
State of Texas
My Commission expires:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of
, 19 , by as Owner on behalf
of Greater Corpus Christi—Enterprises, Inc.
Notary Public
State of Texas
My Commission expires:
Accepted for the City of Corpus Christi this the day of
, 19
ADDRESS:
City of Corpus Christi
302 S. Shoreline
P. 0. Box 9277
Corpus Christi, Texas 78469
James K. Lontos
Assistant City Manager
-4-
P.O. BOX 6355. 2725 SWANTNER
CORPUS CHRISTI, TEXAS 76411 PHONE 854-3101
November 9, 1983
STATE OF TEXAS
COUNTY OF NUECES
Job No. 21332
FIELDNOTES for the North 4.05 feet of Peoples Street, the Northline of which is
coincident with the South boundary line of Lots 1 and 12, Block 5, Beach Portion
of the City of Corpus Christi, a map of which is recorded in Volume "A", Page
3, Map Records of Nueces County, Texas:
BEGINNING at the point of intersection of the West boundary line of North
Water Street (80.00 feet wide) and the North boundary line of Peoples Street for
the Southeast corner of said Lot 1, Block 5 and the Northeast corner of this
survey;
THENCE South, along the South projection of the West boundary line of North
Water Street, 4.05 feet to a point for the Southeast corner of this survey;
THENCE -:,oath 89°32.00" West, parallel with the North boundary line of said
Peoples Street thereof and 4.05 feet distant therefrom, measured at right angles
thereto, 285.00 feet to a point at its intersection with the South projection of
the East boundary line of Chaparral Street (75.00 feet wide) for the Southwest
corner of this survey;
THENCE North, along the above mentioned South projection, 4.05 feet to a
point on the common boundary line of Peoples Street and Lot 12, Block 5, marking
the point of intersection of the East boundary line of Chaparral Street and the
North boundary Zine of Peeples Street for the Northwest corner of this survey
from which corner the Southwest corner of said Lot 12, Block 5 bears South 89°32'00"
West 15.00 feet;
THENCE North 89°32'00" East, along the North boundary line of Peoples Street
and the South boundary line of Lot 12, at 135.00 feet pass the Southeast corner of
Lot 12 and the Southwest corner of said Lot 1 and continuing North 89°32'00" East,
along the common boundary line of Peoples Street and said Lot 1, in all a distance
of 285.00 feet to the Point of Beginning, containing 1,154.24 square feet of land.
URBAN ENGINEERING
GEORGE M. PYLE
George M. Pyle, R.P.S.
EXHIBIT 6
That the' -foregoing ordinance read for e first time and pass d to its
second reading on this the day of _ r,iii,�ry , 19,1(? , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
That the foregoing ordinance
third reading on this the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
That the forl9in g ordina
on this the y y M day of
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
PASSED AND APPROVED,
ATTEST:
City )Secretary
APPROVED:
DAY OF
J. BRUCi—AY
By
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pa/ Slavik
e second time and
, 19
i
read for
day of
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
ed to its
, by the
was read for the third time and passed finally
, 19 �%�, by the following vote:
this
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat S1fx{i k
the 11 day of
K, CIT 7'TTORNEY
Assistant ` torney
MAYO
THE C
18032
TY OF CORPUS CHRISTI, TEXAS
City of
Corpus
Christi
July 12, 1990
Corpus/HIMC, a limited partnership
c/o Hospitality Investments Management Corporation
3478 Buskirk Avenue, Suite 1043
Pleasant Hill, CA 94523
Northwestern National Life Insurance Company
625 Marquette Avenue South
Minneapolis, MN 55402
In re: Assignment of 60 year lease
of a four foot encroachment
of Corpus Christi Royale Hotel
Dear Sirs:
On February 9, 1984, the City, as lessor, entered into a lease as
authorized by ordinance number 18032 for a four foot strip of the
public right of way along Peoples Street that is encroached by
Corpus Christi Royale Hotel (previously La Quinta Royale Hotel).
We understand the hotel is being sold to Corpus/HIMC, a limited
partnership, and as part of that sale, Northwestern National Life
Insurance Company, successor in interest to original lessee,
Greater Corpus Christi Enterprises, Inc., will assign its
interest in said lease to Corpus/HIMC, a limited partnership.
Although the lease is silent with respect to assignment, please
be advised that the City of Corpus Christi as lessor does not
object to Corpus/HIMC, if it becomes owner of the property, or
its successor in interest, assuming all the benefits and
responsibilities of the lease as lessee. We would request, for
our records, an executed copy of any formal arrangement between
your company and Corpus/HIMC with respect to the assignment of
this lease.
With respect to the subject lease, lessor certifies:
1. the lease is presently in full force and effect and
unmodified;
2. no payments are due and owing under the terms of the
lease;
3. the next payment due from lessee will be in the amount
of one thousand dollars ($1,000) on or about February
9, 1991;
P.O. Box 9277 • Corpus Christi, Texas 78469-9277 • (512) 880-3000
VW
Hospitality Investments Management Corporation
Northwestern National Life Insurance Company
July 11, 1990
Page 2
4. Northwestern National Life Insurance Company is not in
default in the performance of the lease nor has lessee
committed any breach thereof;
5. the City of Corpus Christi, as
default in the performance of the
committed any breach thereof;
6. lessor has no claims, charges, or
and
7. lessor is not aware of any
encroachments in the public right
Royale.
lessor, is not in
lease nor has lessor
liens against lessee;
further incidental
of way by La Quinta
This letter is written with the understanding that Corpus/HIMC
contemplates the purchase of Corpus Christi Royale Hotel and will
materially rely on the statements herein in the event that it
does purchase the property.
Sincerely,
Ju..t Gaza
Ci Manager
JG/ed
cc: Douglas M. Stimple, Hospitality Investments Mortgage
Corporation
Scott Anderegg, Northwestern National Life Insurance Company
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, Iss:
County of Nueces.
City of C.C.
Before me, the undersigned, a Notary Public, this day personally came
GRACIE DE ' LUNA „ who being first duly sworn, according to law, says that he is the
ADM. ASST,_„Ogg$FTABY 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 OF ORDINANCE...
of which the annexed is a true copy, was published in
CALLER -TIMES PUBLISHING CO.
on the. 9th day of January 19 84, and once each day thereafter for one
consecutive.
One
$-_34.65
day
Times.
GRACIE DE;?LUNA
Adm. Asst. Sec.
Subscribed and sworn to before me this J.2.th day of
Notary Public, Nuec ounty, Texas
EDNA KOSTER
Jan ary 19 84
•NOTICE OF P7ISSAGE
'OF'ORDINANCE ON
�� ' �'Ff@ST READING
gqUTtT RIZING EXECU-
211ONpOF A 60 VEAR
LEASE,WITH GREATER
FDRPUS CHRISTI ENTER -
,PRISES, INC. PROVIDING
i i,'N,IDLI ZIRIE CITY RECOG
F,FPPROJ(!MATE FOU -
OOT ENCROACHMENT
:OR'TVLA QUINTA ROY,
ALE, HOTEL INTO THE,
'PEOPLES STREET
fR1GI1T-QF•WAY, PROVI•
NG t a,.FOR LEASE
. AYMENtS OF 01,000 PER
CIT. -AR FOR THE TERM
t0 TNE,L_EASE AND NEC-
�ES$AIgY ; n'
.JNOEMNIFICATION TO
1'TJHEE''CITY FOR SUCH EN-
'CROACHMENT.
Was passed and approved
' by 'tO' ity Council of the
Cltys;df`gorpus Christi, Tei
a% on ,the 4th day o
'danuary; 1984, The full text
o( qajd Ordinance Is avail-
2tbl'e ty 4he public In the
frce'otlhe City Secretary.
A
L+ •s•BIII G. Read
., s 4 - City Secretary
,
Clorpus Christi, Texas
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss:
County of Nueces. J
AD#11630
City of C.C.
Before me, the undersigned, a Notary Public, this day personally came ........
GRACIE DE LUNA , who being first duly sworn, according to law, says that he is the
ADM. ASST. SECRETARY 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 PA$SAGE q oPtoni E. NO •...LaL.3.2....... _
of which the annexed is a true copy, was published in CALLER—TIMES PUBLISHING CO.
on the 23rd day of Januar and once each daY thereafter
consecutive dAy
One Times.
$ 258.39 GRACIE DE LUNA
Adm. Asst. Sec. 27th
Subscribed and sworn to before me ...... ...day of
January 19 yP
84 ...
Notary Pub l ueces County, Texas
EDNA KOSTER
y�yyp eyal,Notices
NOTICE OF PASSAGE
OF ORDINANCE NO 18032
AUTI.ORILIN,; EXECU-
TION OF A 60 YEAR
LEASE WITH GREATER
CORPUS CHRISTI EN-
TERPRISES, INC.
PROVIDING FOR THE
CITY RECOGNIZING AN
APPROXIMATE FOUR,
FOOT ENCROACHMENT
OF THE LA QUINTA ROY•
ALE HOTEL INTO THE
PEOPLES STREET
RIGHT•OF•WAY, PRO.
VIDING FOR LEASE
— PAYMENTS OF 51,000 PER
YEAR FOR THE TERM
OF THE LEASE AND NEC.
ESSARY
1 INDEMNIFICATION TO
• THE CITY FOR SUCH EN-
CROACHMENT.
SECTION I. That the City
Manager Is hereby autho"
rized to execute a 60 year
lease with Greater Corpus
Christi Enterprises, Inc
providing for the City re•
cognizing an approximate
four foot encroachment of
the La Qulnta Royale Hotel
Into the Peoples Street
right-of-way, providing for
lease payments of 81,000 per .
year for the term of the
lease and necessary (ndem-
nlfiCation to the City for
such encroachment, all as
more fully set forth in the
lease, a substantial copy of
which Is attached hereto
and made a part hereof,
marked Exhibit "A".
LEASE AGREEMENT
THE STATE OF TEXAS
' COUNTY KNOW AOFLNBYCES
THESE
PRESENTS:
This agreement entered
Into by and between Great.
er Corpus Christi
Enterprises, Incorporated
a Texas Corporation, acting
y and through Its duly
uthorized officer, herein
eferred to as "Owner",
nd the City of Corpus
hristl, a municipal corpo•
ation acting by and
through it duly authorized
City Manager, herein re•
ferred to as "City".
WITNESSETH.
Whereas, Owner Is the
owner and operator of a
business establishment
known as La Quinta Royale
Motor Inn, situated at 601
North Water Street, in the
City of Corpus Christ,, more
particularly described as
follows;
Lots One (1) through Six
(6), and the easternmost
135' of Lots Nine (9)
through Twelve (12), Block
Five (5), Beach Portion, an
addition to the Cdy of Cor-
pus Christ, as shown by
map or plat thereof record.
ed In Volume "A", page 3,
Map Records, Nueces Coun•
ty, Texas.
WHEREAS, the structure
erected by Owner or Lots
One (1) and Twelve (12) of
the above described land
constitute an encroachment
upon the right-of•way o
Peoples Stree)r betw'ee
-North-Wafer—Street: on.
North Chaparral Street
WHE de
be
sire off}t arliei. rete
that Owner be authorized by
City to continue to occupy
the area of said encroach-
ment by suchn
structure upon thea terms
and conditions as hereafter
set forth
Now, therefore. for and in
consideration of the pay -
men) of rents to be paid by
Owner to city and the
agreements herein set forth,
City hereby leases to Owner
the premises more particu-
larly described by metes
and bounds and map thereof -
designated as Exhibits A
and 13 •
to hed hereto and mat
de a •
Dart hereof
m6x3 1110 Legal Notices
�erys-15r•19844ent, or if default shall be
Nand -end "a midnight on made in any of the other
January 14, 2044, subleCt, erms and cordilleras to be
however, to earlier termina- sept, observed and per•
tion ds provided herein. 'ormed by Owner and any
This lease is made pursuant lush default shall continue
to the authority granted in, 'or thirty (301 days after
'Rd In accordance with the nritten notice thereof by
provisions of Article IX, •eglsfered or certified mail
Section 29, of the Corpus to Owner from city, then
_hristi City Charter City may at any time there -
2. As rental for the leased after, prior to the curing of
remises, Owner agrees to 'such default by Owner, de•
fay City the sum of One -Aare the term of this lease
rhousand (81,000) dollars nded and terminated by
per year the first payment Iving Owner written notice
of which shall be due on f such termination.
execution hereof, and each • 8. It is further mutually
succeeding annual payment understood and agreed that
shall be due on the same ;he covenants and agree -
day each year thereafter It ;rents contained in the
Is further agreed that such Lease, to be performed by
annual rental payment shall the respective parties, shall
be Increased by the amount pe binding on the said
of one hundred ($100) dol• parties, and their respective
tars ,n increments of ten successors and assigns.
(10) years, i.e for the term 9. This Lease and the
of 1994-2003, 51,100; 2004-2013 lirdinance under which it is
term, 51,200; 2014.2023 term,xecuted shall not operate
51,300; 2024-2033 term, ;0 repeal, rescind, modify
51,400, and, for the sixth .er amend any ordinances or
and final ten-year term be- eso)ut)ons of the City of
ginning ,n 2034, 51,500, torus Christi relating to
Payments shall be made to rhe use or encroachment of
City's division of Property treets, the granting of per.
'Management in the Office nits and any regulations
of Land Acquisition, 1801 N ;elating to public
Chaparral, Corpus Christi, }ights•at-way or traffic.
Texas Was passed and approved
3. In the event the existing by the City Council of the
structure shall be totally or City of Corpus Christi, Tex -
partially destroyed by fire, as on the 18th day of
hurricane or other storm, January, 1984
explosion or any other casu- -s-Bill G. Read
alty, and if Owner does not • City Secretary
Within twelve (12) months • aupus Ghciatl texas.
from date of such destruc- . — .. -
tion commence
reconstruction and thereat -
ler carry it to completior
with due diligence, th,•
lease shall terminate
4. In the event Owne,
shall discontinue use of the
existing structure for pur
poses permitted by
applicable zoning regula•
tions, for a period of twelve
(12) consecutive months for
reasons other than destru-
t tion of said structure. (5c,5
- lease shall terminate.
0 5. Within ninety (90) days
• alter the termination of this
r lease, Owner shall remove
s the existing structure at its
s own expense, regardless of
s City's failure to demand re -
i moval or give any notice,
5 other than a notice of term,-
- nation under other
z provisions of this lease. if
1 Owner fails to remove the
• existing structure (n actor•
• dance with this section, then
city fnay remove the struc-
' Lure and require Owner to
pay the expense of removal -
within thirty (301 days
1 therefrom.
6. Owner shall Indemnify
and hold harmless the City
i from any and all losses,
' damages, claims et causes
of action incurred by or
t asserted against City for
personal injuries, or death,
• or properly damage arising
1 out of the existence, use,
• occupancy, operation, main•
I tenanca, alteration, repair
• or removal of the structure
' situated on said premises
leased hereunder.
7. In the .evens default
" }Tiit1'be'7nad6' at illy time'
by Owner In payment of •