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HomeMy WebLinkAbout19217 ORD - 03/04/1986TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE MODIFICATION AND AMENDMENT TO THE LEASE WITH PLEASURE PIER ASSOCIATES, INC. FOR THE OPERATION OF CAPTAIN BOOMERS RESTAURANT; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute a lease modification and amendment to the lease with Pleasure Pier Associates, Inc. for the operation of Captain Boomers Restaurant, all as more fully set forth in the lease modification and amendment, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. Publication shall be made within five (5) days following each of the three readings in the official publication of the City of Corpus Christi by publishing the full text of the ordinance and lease modification and amendment. 04P.285.01 r 19217 MICROFILMED RDT/arg (E4/101120685) Lease Modification and Amendment (Captain Boomers, T -Head Site) (Revised) THE STATE OF TEXAS § § KNOW AL MEN BY THESE PRESENTS:. COUNTY OF NUECES § .` WHEREAS, on March 25, 1979, the City of Corpus Christi did enter into an Agreement to Contract, T -Head Site, and pursuant thereto did execute on October 23, 1980, the Lease for T -Head Site dated October 11, 1980 between the City of Corpus Christi and Pleasure Pier Associates, Inc. for the operation of Captain Boomers Restaurant at the premises described therein, said Lease being authorized by City of Corpus Christi Ordinances 15798 and 14810; and WHEREAS, on February 24, 1982, said Lease was amended and rewritten, a copy being attached hereto as Exhibit "A" and incorporated by reference; WHEREAS, the Lease required a renegotiation and amendment as to Article IV regarding an adjustment in the rental due to the City, and the parties having reached an agreement as to said rental adjustment on December 5, 1985; and WHEREAS, the parties desire further to cause the Lease percentage or adjustment payments to be determined and payable on a 'monthly" basis rather than "annual" basis; NOW, THEREFORE, premises considered, for and in consider- ation of the continued performance of the lease covenants and agreements between the CITY OF CORPUS -CHRISTI, Texas a ici Munpal, 'corporation, hereinafter called "City) and PL ASURE PIER ASSOCI- ATES,INC., a Texas corporation doing business in Corpus Christi, Texas, hereinafter called "Second Party", the Lease dated Feb- ruary 24, 1982, attached hereto as Exhibit "A", is amended in the following particulars: 1. Article IV is amended, modified, and rewritten effective October 10, 1985, and thereafter, to read as follows: IV. "RENTAL: Commencing with the month of December, 1985, Second Party shall pay to the City as rental for the above described premises the below listed percentage of the annual gross receipts for the barge restaurant, or the below listed minimum annual amount, whichever is greater: Increments Annual Minimum 61- 84 months 85-108 months 109-132 months 133-156 months 157-180 months 3.0% or $42,000 ($3,500/month) 3.25% or $45,000 ($3,730/month) 3.5°%, or $48,000 ($4,000/month) 3.75% or $51,000 ($4,250/month) 4.05 or $54,000 ($4,500/month) This rental shall be paid in the following manner: A. Monthly rental installments. The minimum annual rental amount shall be paid in the below listed monthly rental install- ments: 61- 84 months 85-108 months 109-132 months 133-156 months 157-180 months i'; $3,500/month $3,730/month $4,000/month 54,250/month 94,500/month The first monthly rental installment herein shall be due and payable on or before the tenth (10th) day of January, 1986. RDT/arg (E4/101120685) Subsequent monthly rental installments shall be due and payable on or before the tenth (10th) day of the month next following the applicable calendar month. B. Rental adjustment increment. If the applicable percent- age of the monthly gross receipts exceeds the applicable minimum monthly rental, as described above, for that month, Second Party shall pay the additional amount owed to the City as the monthly rental adjustment increment. This additional amount shall be due and payable on or before the tenth (10th) day of the month next following the applicable calendar month. All rental shall be paid to the City of Corpus Christi Collection Section at 321 N. Mesquite Street or to P.O. Box 9277, Corpus Christi, Nueces County, Texas. C. The lease term is for fifteen (15).fears as provided hereinabove. During said lease term, Second Party may elect -toy terminate this Lease upon notice and cpeha3tgy'-as-hereinafter provided. Should Second Party elect to terminate prior to the expiration of the lease term, Second Party shall give written Cnotice to the City of such election to terminate sixty (60) days) prior thereto, and shall further pay to City one of the following alternate penalties: (1) If Second Party moves the Captain Boomers Restau- rant to another location in the Marina from which the City derives a revenue or rental income by contract at such other location from a third party or parties, no penalty shall be applicable or paid by Second Party; provided, however, if such other location is on the proposed 4th land mass adjacent to the Peoples Street T -Head, one percent (1.05) of the annual gross receipts for the barge restaurant shall be payable as herein provided for the period of time that the City is not then receiving actual monetary rental payments or compensation from Bayfront Associates, Ltd. or its successor; that is, the initial five-year period of operation described in Article 5 of the Ground Lease Agreement between City and Bayfront Associates, Ltd.; or (2) If Second'Party elects to move and does move the Captain Boomers Restaurant out of the City Marina, a (penalty) of three months minimum rental payment, as 1,,' provided above, will be payable to the City. 4-74A..06-04,4' ww/' D. In the event the City opens negotiations or renegotiates an existing Lease regarding lease rental payments with other substantially similar restaurant operations in the City Marina, the Second Party herein shall be likewise entitled to any reduc- tions in rental compensation granted said other similar restau- rant operations." 2. Article III is amended by deleting therefrom the phrase "unless sooner terminated pursuant to Paragraph IV(c)", whereby it shall read as follows: "TERM: The term of this Lease shall be for a period of fifteen (15) years, commencing the llth day of October, 1980 and terminating on the 10th day of October, 1995." 3. Article XX is amended by changing the address of Second Party, whereby it shall read as follows: XX. "NOTICES: Any notices provided for under this lease may be given, in writing, to the City, by delivering or mailing the notice to the Marina Director's office at P.O. Box 9277, Corpus 2 RDT/arg (E4/101120685) Christi, Texas 78408 and to the Second Party by delivering or mailing the notice to Pleasure Pier Associates, Inc., located at 5934 S. Staples, Suite 200, Corpus Christi, Texas 78413." 4. Article XXV is amended by deleting therefrom the last full sentence of said Article XXV, said deletion to conform the amendments herein regarding rental adjustments being due "monthly" rather than "annually", whereby said Article XXV shall read as follows: XXV. "RENT ABATEMENT: The monthly rental will be abated during the time that the barge restaurant ceases business operations (1) in preparation for movement to a safe moorage in accordance with its hurricane preparedness plan, (2) in preparation for movement whenever the City exercises its option under Paragraph VI, or (3) whenever the barge restaurant is rendered substantially unusable because of damage resulting from fire, water, wind, or force majeure. Second Party shall resume its barge restaurant business operations within a reasonable time after the above conditions no longer exist." • Executed in Duplicate Originals effective the 10th day of December, 1985, by the duly authorized representatives of the Parties. Approved: 6th day of December, 1985 PLEA URE!PI R ASSOCIATES, INC. By A ori ed Of icer Approved: CITY OF CORPUS CHRISTI, TEXAS day of December, 1985 Attest: By City Secretary Approved: day of December, 1985 J. Bruce Aycock City Attorney By Assistant City Attorney Approved: By Assistant City Manager 3 By City Manager That the foregoing ordinance �wpa,� read for second reading on this the r1 �' ` day of following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the foregoing ordinance third reading on this the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero fhe first time and p �ed to its. _.. , 19 , by the Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong s read for day of e second time and parsed to its , dr( , by the Joe McComb Frank Mendez ' Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance was s read for the third time on this the L/Xi day of , 19 ,96 , by the Luther Jones Joe McComb Dr. Jack Best Frank Mendez David Berlanga, Sr. Q,t-,,(J Bill Pruet Leo Guerrero � Mary Pat Slavik - Linda Strong PASSED AND APPROVED, this the 17444 day of ATTEST: City Secretary APPROVED: DAY OF , lg ssistant City Attorney MAY i / / THE TY OF CORPUS CHRISTI, TEXAS and passed finally following vote: 19. That the foregoing ordinance was second reading on this the /,54 following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the foregoing ordinance third reading on this the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the for ing ordinanije on this the day of Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero read for firs time and pasted to its day of , 19 )0 by the Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong read for day of fe second time and p $sed to its /e , 19� , by the Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong was ad for the, hird time PASSED AND APPROVED, this the 7 ATTEST: City Secretary re APPROVED: 3( DAY OF �� 1 and passed finally , 19 , by the following vote: Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong day of MAYOR , 19! . THE CITY OF CORPUS CHRISTI, TEXAS 19217 "STATE OF TEXAS, County of Nueces. lss: PUBLISHER'S AFFIDAVIT #40980 , CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally came. MARGARET RAMAGE being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi Tunes. Texas,, in said County and State, and that the publication of who COMMUNITY RELATIONS SUPERVISOR Daily Newspapers published at Corpus Christi, ,,,„NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING of which the annexed is a true copy, was published in Caller -Times Pub. Co: 2nd • • February 86 on the day of _�.._ .�__.19_...., and once each......._aay _..._..thereafter for one . day "consecutive ONE 4_ ..— Times. 378.35 MARGARET RAMAGE Subscribed and sworn to before me this ,EDNA KOSTER 11-30-88 ;STATE OF TEXAS, County of Nueces. ISS : PUBLISHER'S AFFIDAVIT #73280 CITY OF C•C•/CITY SECRETARY Before me, the undersigned,a Notary public this day PersonaH ._ ABELIA- LOPEZ•.- :...........» wh"o being Y came-..... CASHIER first duly sworn, according '�"' " tolaw, says 9s that he is the ...........-...... of the Daily Newspapers Corpus Christi Caller `j Papers Published at Corpus Chris end The Corpus Christi l� ti, Teaas, in said County and ___.--_.NOTICE•-OF..g�SaaaE Q� State, and that the ZADL .41L..S.E. H.R.. Publication of O • pf which the annexed is a true co ADZNG�1u �gzZIDJ�,.. 9 FEBRUARY w88 published ' CALLER CU� ISN. • -•-- & TIMES PUB ;on the.:.......... day of......._. ARY 86 ___..... 0. _ - • __. 19_._.» and once each.... day_ - day `���s thereafter for_..-- one . ..... _..... one ..........Times. 378.35 Subscribed and sworn to before me EDAN KOSTER 11-30-8g ...................... ot �9 public. u . , County,Texas • x moo, 9 , , Me u uoy , wVIAL/L/01.se T -Head Site dated October 1980 and terminating on the y 11, 1980 between the City of 10th day of October, 1995 1- Corpus Christi and Pleasure 3. Article XX is amended 3, Pier Associates, Inc. for the by changing the address of ,s operation of Captain Boomers Second Party, whereby d shall o- Restaurant at the premises read as follows: B. Rental adjustment mare- , Id described therein. said Lease XX. ment. If the applicable , zs being authorized by the City 'NOTICES: Any notices percentage_: of the monthly ; x, of Corpus Christi Ordinances provided for under this lease gross receipts exceeds the' p- 15798 and 148110; anebr d • 083 50, uy delivering g for mail- tO applicable minimum monthly ; at WHEREAS, on ental, as described above, , sy 24, 1982; said Lease was ing the notice to the Marina 361 fiat month, Second Party , ,d amended and rewritten, a Director's office at P.O. Box r shall pay the additional . copy being attached hereto a5 9277, Corpus Christi, Texas ' amount owed to the City as i Exhibit "A" and incorporated 78408, and to the Second • the mogt(11y rental adjustment ; i, by reference; Party by delivering or mailing r Increment. This additional. . ,. WHEREAS, the Lease re- the notice to Pleasure Pier As. r, amount shall be due and pay' 4 quired a renegotiation and sociates, Inc., located at e able on or before the tenth , II amendement es to Article IV 5934 S. Staples, Suite 200, s 11075) day of the month next 1, regarr' ng an adjustment in the Corpus Christi, Texas e following the applicable Galen- 'r ranges l ue to having Leached , and the an 764. Article XXV is amended dor month. : P d All ental shall be paid l- ; agreement men as to said rental by deleting therefrom the last the ny Corpus Christi Col, y 8stment on December 5. full XXV,sentence deletionldto cone w lectionMesquite Section eat 321 N. y 1985;Wand the parties de- form the amendments herein 4, Box 927 Street or to P.O. 11a WHEREAS, 4, Boz 9Co n y, Tex Christi, Nu- s sire further to cause the Lease regarding e being due 'Monthly" rather • ments i - eces County, Texas s Percentage or determinedustment g Y co C. The lease term is for 7 payments to be determined than 'annually', whereby said 1e fifteen 115) years as providyd s and payable on a "monthly' Article XXV shall read as 101- l in hereinabove. During said 1 basis rather than "annual' ba- lows: %XV. l - NOW. THEREFORE. prem- 'RENT ABATEMENT: The i ises considered, for and in monthly rental will be abated 1 ' consideration of theme conbn- during the time that the barge 1 1 ued performance of the lease restaurant ceases business ' covenants and agreements opertions (1) in preparation ' between the CITY OF COR- for movement to a safe moor- ' PUS CHRISTI, Texas, a age in accordance with its i 1 Municipal corporation, herein- hurricane preparedness plan, 0 after called -City", and (2) in preparation for move- - PLEASURE AShVe e r r , NC. aTeexas exercisesits option under = corporation doing business in paragraph VI, or (3) whenever Corpus Christi, Texas, herein- the barge restaurant is ren - after called "Second Party', dered substantially unusable the Lease dated February 24, because of damage resulting 1 a 1982, attached hereto as Ex- from fire, water, wind, a hibo A is amended in the force majeure. Second Party 7 following particulars. shall resume its barge restau- 0 1. Article IV is amended, rant business operetion_s.._1 modified, and rewritten effec- within ateasonable-time after 0 tr rive October 10, 1985, and the above conditions no Ion- 3 thereafter, to read as follows: ger exist' n IV.,Executed in Duplicate Origi- t 'RENTAL: Commencinpals effective the 10th day of ( T. with the month of December, December, 1985, by the duly f ;0 1985, Second Party shall pay authorized representatives of c 1 ' to the City as rental for the the Parties. 1• above described premises the PLEASURE PIER b below listed percentage of ASSOCIATES, INC. T By' the annual gross receipts for . the barge restaurant, or the Authorized Officer h n below listed minimum annual CITY OF n d amount,whichever is greater' CORPUS CHRISTI. TEXAS p i1 Increments; Annual Minimum By -. o -64 months; 3.0% or City Manager 1'. 5-`S67a3YiB9.1S3,5A.OJmonth) Was passed and approved fr s 85-108months; 3.25% or on first. readioo by the Cay cl $45.000(53,730/month) - Council_ on the -28th day of '6i 109-132= months; 3.5% or January, 1986. at $48,000 1$4.000/month) /s/ Armando Chapa st , 133-156 months; 3.75% or City Serratery n , $51,000 ($4,250/r0onth) _ __ 157-180 months; 4.0% or' Nnnoo "`�""" ' 554.000 (4.500/month) This rental shall be paid in the 7 following, manner. A. Monthly rental install- r I ments. The minimum annual 5 rental amount shall be paid 5 , the below )sled month) t- v • al installments: . d 61-84 months S3,500/month onths {, 55-10 8 '0 i S3,730/month months K 109 -1 32 C $4,000/month monies a 133-156 $4,250/month • 157-180 months ; 4 $4,500/month r L The stallmen�t she herein tshall hly ebe rental s and payable on or before the 1 s tenth (10th) day of January, 1 to lease term, Second Party may to elect to terminate this Lease ss upon notice and penalty as >e hereinafter provided. Should 7, Second Party elect to fermi' as nate prior to the expiration. of 5- the lease term, Second Party • shall give written notice to the R- City of such election to fermi- •• nate sixty (60) days prior R thereto, City and shall e followingrthsr ay toe of thing alternate penalties: is! (1) If Second Party moves the Captain Boomers Restau- rs rant to another location in the Marina from which the City aedve3 a revenue- or aptal ln- NOTICE OF come by contract at such PASSAGE OF ORDINANCE other. location, from a third ON FIRST READING party or parties, no penalty AUTHORIZING THE EXECU- shall be applicable or paid by TION OF A LEASE Second Party; MODIFICATION AND provided, however, if such AMENDMENT TO THE LEASE other location is on the pro- WITH PLEASURE PIER ASSO- posed 4th land mass adjacent CIATES, INC. FOR THE to the Peoples Street. T --lead, OPERATION OF CAPTAIN one percent (1.0%) of the an. BOOMERS RESTAURANT: nual gross receipts for the AND PROVIDING FOR PUBLI- barge restaurant shall be pay - CATION. able as herein provided for BE IT ORDAINED BY THE the period ,of time that the, CITY COUNCIL OF THE CITY City is not then receiving ac OF CORPUS CHRISTI, TEX- teal monetary `- rental AS payments or compensation SECTION 1. That the City from Bayfront Associates, Manager is hereby authorized Ltd. or its successor; that is, to exectde a lease modifica- the initial five-year period of tion and amendment to the operation described in Article' ease with Pleasure Pier Asso- 5 of the Ground Lease Agree- .ues, Inc. for the operation mens betWee0 City and of•.Ceptain .Boomers Restau- Bayfront Associates. Ltd.; of rant, all as more fully set forth (2) If Second Pany elects • in the lease modification and to move and does move the amendment, a substantial Captain Boomers Restaurant copy of which is attached out of the City Marina, a pen - hereto and made a part here- ally of three months minimum of, marked Exhibit "A", rental, payment, as provided Section 2 Publiceion snail 'above, will be payable 10 the be made within five 15) days City, following each of the three D. In the event the City readings in the official publica- opens negotiations or renego- tion of the City of Corpus tiaras an existing Lease Christi by publishing the full regarding lease rental pay - text of the ordinance and ments with other substantially lease .. modification and similar restaurant operations amendment, in the City Marina, the Second Lease Modification and Party herein shall be likewise Amendment entitled to any reductions in • (Captain Boomers. rental compensation granted T -Head Site) said other similar restaurant (Revised) operations." .>. In STATE OF TEXAS 2. Article III is amended by OUNTY OF NUECES deleting therefrom the phrase OW ALL MEN BY THESE -unless sooner terminated PRESENTS'-•Pdrsiladt"5 'Pa•ragraph'Iv(c)°, • i 1986, 8sequent monthly ramal in- j 1i?S1C ft..4,1=19t0}-10=9147 stallments shall be due and )1th payable before tenth day of the month next following the applicable ealen. NOW,. THEREFORE. pram ices considered, for end in • consideration of the tonin- ' ued performance of the lease covenants and agreements - between the CITY OF LOR- I PUS CHRISTI, Texas, a • Municipal corporation, herein- after called "City", and PLEASURE PIER ASSOCI- ATES, INC., a Texas f corporation doing business in Corpus Christi...Texas, herein- ' after called "Second Party", 1 the Lease dated February 24, ' 1982, attached hereto as Ex- hibit A. is amended in the following particulars: 1. Article IV is amended, modified, and rewritten effec- tive October 10. 1985, and thereafter, to read as follows: IV. 'RENTAL: Commencing with the month of December, 1985, Second Party shall pay to the City as rental for the above described premises the below listed percentage of the annual gross receipts for the barge restaurant, or the below Jisted minimum annual amount, whichever is greater: Increments; Annual Minimum 61-84 months; 3.0% or $42.000 ($3,500/month) 85-108 months; 3 25% or $45,000 ($3,730/month) 109-132 months; 3.5% or 548,000 ($4,000/month) 133-158 months: 3.75% or 551,000 ($4,250/month) 157-180 months; 4.0% or 954,000 (4,500/month) This rental shall be paid in the following manner: A. Monthly rental Metall- ments. The minimum annual rental amount shall be paid in the below listed monthly rent- al installments: 61.84 months $3.500/month 85-108 months $3,730/month 109-132 months $4,000/month 133-156 months $4,250/month 157.180 months $4,500/month The first monthly rental in- stallment herein shall be due and payable on or before the tenth (10th) day of January, 1986. Subsequent monthly rental in- stallments shall be due and payable en or before the tenth (10th) day of the month next following the applicable calen- dar month. B. Rental adjustment incre- ment, If the applicable percentage of the monthly gross receipts exceeds the' applicable minimum monthly rental, as described above, for that month, Second Party shall pay the additional amount owed to the City as the monthly rental adjustment increment. This additional amount shall be due and pay- able on or before the tenth (10th) day of the month next following the applicable calen- dar month. All rental shall be paid to the City of Corpus Christi Col- lection Section at 321 N. Mesquite Street or to P.O. t Box 9277, Corpus Christi, Nu - aces County, Texas. C. The lease term is for fifteen (15) years as provided hereinabove. During said lease term, Second Party may :. XXV. -RENT. ABATEMENT: The monthly rental will be abated during the time that the barge restaurant ceases business 1: opertions (1) in preparation r for movement to a safe moor- 0 age In accordance with its 1 hurricane preparedness plan, e (2) in preparation for move- n ment whenever the City exercises its option under Paragraph VI, or (3) whenever the barge restaurant is ren- dered substantially unusable because of damage resulting from fire, water, wind, or force majeure. Second Party shall resume its barge restau- rant business operations within a reasonable time after the above conditions no lon- ger exist." Executed in Duplicate Origi• nals .effective the 1015 day of December, 1985, by the duly authorized representatives of the Parties. PLEASURE PIER ASSOCIATES, INC. Authorized Officer CITY OF CORPUS CHRISTI, TEXAS By - City Manager Was passed and approved on Second Reading by the City Council on the 4th day of February, 1986. /s/ Armando Chaps City Secretary nate prior to the expiration of the lease tom, Second Patty shall give written notice to the City of such election to termi- nate sixty 160) days prior thereto, and shall further pay to City one of the following alternate penalties: . (1) If Second Party moves • the Captain Boomers Restau- rant to another location in the efecuv- a M9ri n 1, 1000. Marina from which the City NOTICE OF derives a revenue or rental in • - PASSAGE OF ORDINANCE come by contract at such I ON SECOND READING other location, from a third I AUTHORIZING THE EXECU- party or parties, no penalty I TION OF A LEASE shall be applicable rtyor paid by MODIFICA PON AND Seconds Party; AMENDMENT TO THE LEASE provided, d, however, if such WITH PLEASURE PIER ASSO. other location is on the cro- CIATES, INC. FOR THE posed Peh land mass adjacent OPERATION OF CAPTAIN to the Peoppercent (1 Street 350 0 . BOOMERS RESTAURANT: one pgrosst receip of the the 1 AND PROVIDING FOR PUBLI- bar gross receipts for the CATION. barges herein shall be pay - BE IT ORDAINED BY THE able herein provided the CITY COUNCIL OF THE CITY the period of time that the OFCORPUSCHRISTI. TEX- AS. tual monetaryrental SECTION 1. Thdt10 CITY from paymentsBayfror ont comAssopencisateatiosn , Manager hereby authorized Ltd. or its successor; that is, to execute a lease modifica- the initial five-year period of tion and amendment to the operation described in Article lease with Pleasure Pier Asso- 5 of the Ground Lease Agree- ciates, Inc. fcr the operation ment between City and of Captain Boomers Restau• Bayfront Associates, Ltd.; or rant, all as more fully set forth (2) R Second Party elects in the lease modification and to move and does move the amendment, a substantial Captain Boomers Restaurant copy of which is attached out of the City Marina, a pen• hereto and made a part here- elty of three months minimum of, marked Exhibit "A". rental payment, es provided Section 2. Publication shall above, will be payable to the be made within five (5) days City. following each of the three D. In the event the City readings in the official publica- opens negotiations or renego- tion of the City of Corpus hates an existing Lease Christi by publishing the full regarding lease rental pay - text of the ordinance and mems with other substantially lease motlification and similar restaurant operetions amendment. in the Mna, Lease Modification and Party herein City ari shall be the likewiseSecond Amendment entitled to any reductions in (Captain Boomers, rental compensation granted T -Head Site) said other similar restaurant (Revised) operations.' THE STATE OF TEXAS 2. Article III is amended by COUNTY OF NUECES deleting therefrom the phrase KNOW ALL MEN BY THESE 'unless sooner terminated PRESENTS pursuant to Paragraph 11/(c)". WHEREAS, on March 25, whereby it shall read as 101- 1979, the City of Corpus lows: Christi did enter into an III. Agreement to Contract, T- 'TERM: The term of this Head Site, and pursuant Lease shall be for a period of thereto did execute on Octo- fifteen (15) years. comment - bar 23, 1980, the Lease for ing the 11th day of October. I T -Head Site dated October 1980 and terminating on the 11, 1980 between the City of 10th day of October, 1995.' Corpus Christi and 'Pleasure 3. Article XX is amended r Pier Associates, Inc. for the by changing the address of ' operation of Captain Boomers Second Party, whereby it -shall Restaurant at the premises read as follows: described therein, said Lease XX. being authorized by the City 'NOTICES: Any notices of Corpus Christi Ordinances provided for under this lease 15798 and 14810; and may ve, to WHEREAS, on February the City.be by gidenliveringin oiwriting, mail - 24, 1982, said Lease wasg the notice to the Marina mended and rewritten, a Director's office at P.O Box opy being attached hereto as 9277, Corpus Christi, Texas xhibit A' and incorporated 78408, and to the Second y reference; Party by delivering of mailing WHEREAS, the Lease re- the notice to eAs- uired a renegotiation and ociates, InPlc., asure locatedPier at mendement as to Article IV 5934 S. Staples, Suite 200, regarding an adjustment in the Corpus Christi, Texas ental due to the City, and the 78413. - artier having reached an 4- Article XXV is amended greement as to said rental by deleting therefrom the last djustment on December 5, full sentence of said Article 985; and XXV, said deletion to con - WHEREAS, the parties de- form the amendments herein be further to cause the Lease regarding rental adjustments - ercentage or adjustment being due 'monthly' rather ayments to be determined than 'annually'. whereby said R nd payable on a monthly' Article XXV shell read as fol- P