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