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HomeMy WebLinkAbout19447 ORD - 08/19/1986AN ORDINANCE CONSENTING TO THE ASSIGNMENT OF THE RAINBOW BAIT STAND LEASE FROM ROBERT J. HEIM TO RICHARD L. FRENZEL, PRESIDENT RAINBOW LAGUNA CORPORATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council hereby consents to the assignment of the Rainbow Bait Stand Lease from Robert J. Heim to Richard L. Frenzel, President, Rainbow Laguna Corporation, a substantial copy of which assignment is attached hereto and made a part thereof, marked Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned assignment 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 19th day of August, 1986. ATTEST: Ci Secretary APPROVED: DAY OF tok`l1986 08P.087.01 MAYOR THE CITY F CORPUS CHRISTI, TEXAS 19447 MICROFILMED ASSIGNMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City Council by Ordinance No. 16516, passed and approved on September 9, 1981, authorized execution of a bait stand lease with Mr. and Mrs. Thomas W. Wait dba Rainbow Bait .Stand, situated on the Intracoastal Canal Crossing on Padre Island Causeway; and WHEREAS, the City Council by Ordinance No. 17953, passed and approved on December 1, 1983, approving the assignment of the aforesaid lease to Mr. Robert J. Heim; and WHEREAS, in accordance with the terms of the aforesaid lease, the Operator of the bait stand shall obtain written approval prior to assigning the lease; and WHEREAS, Mr. Robert J. Heim desires to assign the lease granted by Ordinance No. 16516, and the City is agreeable to the said assignment: 1. This assignment of lease shall cover the following described tract or parcel: TRACT NO. 12 A tract of land and/or water being on the Southeast side of the Intracoastal Canal crossing on Padre Island Causeway, and being more particularly described as follows: BEGINNING at a point 525' Southwest of center line of the Padre Island Causeway Right -of -Way and 200' Southeast of center line of Intracoastal Waterway. This point being the most Northerly corner of this tract; THENCE S. 64 03' E. a distance of 300' to a point. This point being the most Easterly corner of said tract; THENCE, S. 25 57' W. a distance of 275' to a point. This point being the most Southerly corner of said tract; THENCE, N. 64 03' W. a distance of 300' to a point. This point being the most Westerly corner of said tract; THENCE, N. 25 57' E. a distance of 275' to a point. This point being the most Northerly corner of said tract and also point of beginning. CONTAINING 1.89 acres of land and/or water, more or less. • 2.,;,Lessee, Mr. Robert J. Heim, proposes to, sell building, improvements, equipment and business Situated' on t aforesaid Tract No. 12 to Mr. Richard L. Frenzel, President, Rainbow Laguna Corporation, Assignee, to become effective on or about September 1, 1986. 3. Assignee agrees to be bound to the terms of the lease between City and Lessee Mr. and Mrs. Wait, dated September 9, 1981, a copy of which lease is attached hereto as Exhibit "A". - This agreement shall be subject to the terms of the aforesaid lease, shall be for the unexpired portion of the lease, which expires on September 1, 1996, provided that Operator constructs the following improvements at an estimated cost of $40,000 prior to September 1, 1986, otherwise said lease shall expire September 1, 1986: a. Refurbish existing building. b. Install fuel -tanks and pumps. c. Install lights and electrical wiring. d. Refurbish existing seawall. Provided, further, that the City of Corpus Christi does hereby acknowledge substantial completion of said improvements save and except the installation of fuel tanks and pumps, and agrees that the expiration date of the aforesaid lease shall hereafter be considered to be September 1, 1996. EXECUTED this the day of August, 1986. ATTEST: CITY OF CORPUS CHRISTI BY: City Secretary Craig A. McDowell City Manager AST OVED: DAY OF l C!(, ZLIi /gT6 HAL GEORGE, CIT ATTORNEY BY: •de Assistant C. 'Attorney ASSIGNOR Robert J. Heim ASSIGNEE: BY: BY:, 1icha d L. F?en,g_e ,, P,r.esident Rainbow Laguna Co'rlar-a ion Bill Hennings Assistant City Manager Corpus Christi, Texas /y4 day of , 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, Respectfully, Council Members MAYOR )44/14.4°° THE CI OF CORPUS CHRISTI, TEXAS The above ordinance was passed,' y the following vote: Luther Jones Or _Dr. Jack Best David Berlanga, Sr. /r. Leo Guerrero t ,_„ Joe McComb /. Frank Mendez l. Bill Pruet Or Mary Pat Slavik /, Linda Strong t. 19447 TEXAS: AN ORDINANCE CONSENTING TO THE ASSIGNMENT OF THE RAINBOW BAIT STAND LEASE FROM ROBERT J. HEIM TO MR. AND MRS. THOMAS W. WAIT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Council hereby consents to the assignment of the Rainbow Bait Stand Lease from Robert J. Heim to Mr. and Mrs. Thomas W. Wait, a substantial copy of which assignment is attached hereto and made a part thereof, marked Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned assignment 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 19th day of August, 1986. ATTEST: ity Secretary MAYOR APPROVED:/14 DAY OF AUGUST, 1986 City Irttorney 08P.087.01 THE CITY OF CORPUS CHRISTI, TEXAS 19447