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HomeMy WebLinkAbout18495 ORD - 10/02/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH MIKE F. HELTZEL AND CARROLL A. HELTZEL FOR THE CLEM'S MARINA BAITSTAND ON THE KENNEDY CAUSEWAY WHICH DELETES THE REQUIREMENT FOR PROVISION OF BOAT REFUELING FACILITIES PRIOR TO SEPTEMBER 1, 1984. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute an amendment to the agreement with Mike F. Heltzel and Carroll A. Heltzel for the Clem's Marina Baitstand on the Kennedy Causeway which deletes the requirement for provision of boat refueling facilities prior to September 1, 1984, all as set forth in the amendment, a substantial copy of which is attached hereto and made a part hereof marked Exhibit A. 18495 ADDENDUM TO BAIT STAND LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND MICHAEL F. AND CARROL A. HELTZEL WHEREAS, On the 27th day Christi, hereinafter referred to as Heltzel, hereinafter referred to as Marina, which agreement recognizes conditions according to the terms of WHEREAS, said requires Operator to capabilities, and that 1984; and of August, 1981, the City of Corpus "City", and Michael F. and Carrot A. "Operator" doing business as Clem's that Operator should perform certain the contract; and lease agreement in paragraph 8 thereof specifically construct a service pier with boat refueling such facility be constructed before September 1, WHEREAS, it is the desire of Operator to now be relieved of the obligation to comply with said requirement regarding the installation of a service pier with boat refueling capabilities, and the City is now agreeable to waiving such obligation of Operator to perform such condition; NOW, THEREFORE, for and in consideration of the premises, it is hereby agreed that paragraph 8 of said agreement is amended to the end that Operator shall not be required to construct said service pier and boat refueling facilities. SIGNED this day of , 1984. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Edward A. Martin, City Manager APPROVED: Day of , 1984 J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney CLEM'S MARINA OPERATOR: • Michael F. Heltzel Carrol A. Heltzel That the foregoing ordinance was read for second reading on this the day of following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown first time anded to its , 19d , by the Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance 44 read for third reading on this the day of following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown tj , nd time and b qa_ to its it�e�u-Li the Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the for going ordinan w s read for the��pptIrird time and passed finally on this the -nS day of f jja . , 19 d 7 , by the followin. vote: ..Z—i Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown PASSED AND APPROVED, this the 7)d ATTEST: Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik day of te,ttCh.W , 19 224_, Secretary ' "' MAYOR AP JWVED: ,r711 DAY OF c.� , 196: J. BRUCE AYCOK, CITY ATTORNEY ttorney Atom.. THE C Y OF CORPUS CHRISTI, TEXAS 18495 STATE OF TEXAS, County of Nueces. }ss: PUBLISHER'S AFFIDAVIT AD#42096 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 PASSAGE ON SEPTEMBER 4, 1984 ... of which the annexed is a true copy, was published in _._ CALLER -TIMES on the--9.th.. day of S.Pptemhar 19-84., and once each day.. thereafter for..... nRA . --consecutive .............. ......... One Times. 90.20 . GRACIE DE LUNA Adm. Asst. Sec. Subscribed and sworn to before me this, 10th d� of Seetber 19.__84 Notary Public, N County, Texas EDNA KOSTER - 11/30/84 T n1F t recognizes k-. that'. Oparator should perform ter -i tarn conditions according to the terms of the contract,land WHEREAS, said ease agreement in paragraph 8 ' thereof specifically requires . Operator to construct a ser- vice pier with boat refueling capabilities, and that such fa- cility be constructed, before September 1, 1984; and WHEREAS, it is the desire of Operator to now be re- • keyed of the obligation t comply with said requiremen regarding the installation of service pier with boat refuel mg capabilities, and the Ctty now agreeable to waivin such obligation of Operator t perform such condition; NOW, THEREFORE. for an in consideration of the pfem ises, it is hereby agreed that paragraph 8 of said agree- ment is amended to the end that Operator shall not be re- quired to construct said service pier and boat refueling facilities -s-Bill G Rearl City Secretor; NOFe /jag( elf Pagaliffiffli .4., NUKE OP PASSAGE ON SEF;EMBER 4, 1984 OF { THE SECOND READING OF THE FOLLOWING * ORDINANCE AUTHORIZING THE EXECU- 1 TION OF AN AMENDMENT TO THE AGREEMENT WITH 1 MIKE F HELTZEL AND CAR-' Ili ROLL A HELTZEL FOR THE CLEM'S MARINA BAITS- s, TAND vON THE KENNEDY CAUSEWAY WHICH DE- F LETES THE REQUIREMENT 1 FOR PROVISION OF BOAT H. REFUCLING FACILITIES PRIOR E TO SEPTEMBER 1, 1984. BE IT ORDAINED BY THE a CITY COUNCIL OF THE CITY a OF CORPUS CHRISTI, S TEXAS wI SECTION 1 That the City '! Manager be authorized to ex- ecute an amendment to the agreement with Mike F Hel- tzel and Carroll A Heltzel for .the Clem's Marina Baitstand ion the Kennedy Causeway 'which deletes the requirement for provision of boat refueling facilities prior to September 1, 1984, all as set forth in the amendment, a substantial copy of which is attached hereto and made a part hereof marked Exhibit "A" ADDENDUM TO BAIT STAND LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND MICHAEL F. AND CARROL A. HELTZEL WHEREAS, On the 27th day of August, 1981, the City of Corpus Christi, hereinafter referred to as -city-, and Mi- chael F. and Cerro! A. Heltzel, hereinafter referred to as -Op- ator' doing business as LClem's Marine, which agree-' PUBLISH'ER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally came.. VBAC IE..i?E�,.VI:iB. "ADM. ASST. SECRETARY of the Corpus Christi Caller and The Corpus Christi Times, .` AD 419599 who being first duly sworn, according to law, says that be is the -a Daily Newspapers published at Corpus Christi. Texas., in said County and State, and that the publication of NOTICE OF PASSAGE ON AUGUST 28, 1984... 01 which the annexed is a true copy. was Published in CALLER -TIMES PUBL. CO. on the_�1i day of__ September ___ 19_$x.., and once each. 41dX.._—••._.•there for one day ;_1(2,2.(1_1:_____ GRACIE DE LUNA Adm. Asst. Sec. Suhscribed and sworn to before me this _ 5th .....day ot__... September _.._......_ 19.84 otary Public, NuecesW County, fexas EDNA KOSTER - 11/30/84 - �::-�•-xlim r.varrav'----agarrrco[rces .1 kw r°sLegaltNetices*si'i3'6$5'rregal Notice NOTICE OF PASSAGE ON AUGUST 28, 1984 OF THE FIRST READING OF 1 _,r THE FOLLOWING ORDINANCE' AUTHORIZING THE EXECU- TION OF AN AMENDMENT TO THE AGREEMENT WITH MIKE F HELTZEL AND CAR - ROLL A HELTZEL FOR THE CLEM'S MARINA BAITS- TAND ON THE KENNEDY CAUSEWAY WHICH DE- LETES THE REQUIREMENT FOR PROVISION OF BOAT REFUELING FACILITIES PRIOR TO SEPTEMBER 1, 1984 8E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEX- AS. SECTION 1. That the Qty Manager be authorized to ex- ecute an amendment to the agreement with Mike F. Hal- tzel and Carroll A. Helrzel for he Clem's Manna Baitstand n the Kennedy Causewoy which deletes the requirement for provision of boat refueling facilities prior to September 1, 1984, all as set forth in the amendment, a substantial cohereto y of which sattached o and made af part hereof marked Exhibit 'A' ADDENDUM TO BAIT STAND LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND MICHAEL F AND CARROL A, HELTZEL WHEREAS, On the 27th day of August, 1981, the Coy of Corpus Chnsti, hereinafter referred to as 'City', and Mi- chael F and Carrot A Helrzel, hereinafter referred to as 'Op- erator' doing business as Clem's Marina, which agree- ment recognizes that Operator should perform cer- tain conditions according to the terms of the contract; and WHEREAS. said lease agreement in paragraph 8 thereof specifically requires Operator to construct a ser- vice pier with boat refueling @� capabilities, and that such fa- f; cility be constructed before Y7 September 1, 1984; and WHEREAS, it is the desire of Operator to now be re- lieved of the obligation to comply with said requirement regarding the Installation of a service pier with boat refuel- ing capabilities, and the City is now agreeable to waiving such obligation of Operator to perform such condition, NOW, THEREFORE, for and considerationin of the prom- ises, is hereby agreed that paragraph 8 of said agree- ment Is amended to the end that Operator shall not be re- quired to construct salt service pier and boat refueling facilities -5-8111 G Rear City Secretor -_1110 -LegaYNotices.�11-10' C:,LegatNetices i111 Legal Notice NOTICE OF PASSAGE ON AUGUST 28. 1984 OF THE FIRST READING OF 214 THE FOLLOWING m ORDINANCE: AUTHORIZING THE EXECU- TION OF AN AMENDMENT TO. THE AGREEMENT WITH MIKE F. HELTZEL AND CAR - ROLL A. HELTZEL FOR THE CLEM'S MARINA BAITS- TAND ON THE KENNEDY CAUSEWAY WHICH DE- LETES THE REQUIREMENT FOR PROVISION OF BOAT REFUEUNG FACILITIES PRIOR - TO SEPTEMBER 1, 1984. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. TEX- AS: SECTION 1 That the Coy Manager be authorized to ex- ecute an amendment to the agreement with Mike F. Hol- tzel and Carroll A. Heltzel for he Clem's Marina Baltstand y.l on the Kennedy Causeway which deletes the requirement for provision of boat refueling facilities prior to September 1, 1984, all as set forth in the amendment, a substantial copy of which is attached hereto and made a part hereof marked Exhibit A. ADDENDUM TO BAIT STAND LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND MICHAEL F AND CARROL A HELTZEL WHEREAS, On the 27th day of August, 1981, the City of Corpus Chnsti, hereinafter referred to as "City", and Mi- chael F. and Carrot A. Hehzel, hereinafter referred to as -Op- erator- doing business as Clem's Marina, which agree- ment recognizes that Operator should perform cer- tam conditions according to the terms of the contract; and WHEREAS, said lease agreerhent in paragraph 8 thereof specifically requires Operator to construct a ser- vice pier wrth boat refueling capabilties, and that such fa- cility be constructed' before September 1, 1984, and WHEREAS, a is the dodnd of Operator to now be re- lieved of the obligation to comply with said requirement' regarding the installation of a' service pier with boat refuel- ing capabilities, and the Crty is now agreeable to waiving, such obligation of Operator to perform such condition, NOW, THEREFORE, for and in consideration of the prem- ises, it is hereby agreed that paragraph 8 of said agree- ment is amended to the en that Operator shall not be re quired to construct sal service pier and boat refuelin facilities. - ' -s-Buil G. Rea City Secreta