HomeMy WebLinkAbout20034 ORD - 10/27/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AMENDMENT OF BARGE
RESTAURANT AGREEMENT WITH PLEASURE PIER ASSOCIATES, INC.,
d.b.a. C. C. DOCKSIDE RESTAURANT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute an
amendment of barge restaurant agreement with Pleasure Pier Associates, Inc.,
d.b.a. C.C. Dockside Restaurant, modifying the rate schedule to include payment
of arrears, establishing a criteria for rent abatement, and provision to lease
termination, all as more fully set forth in the amendment, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit "A."
SECTION 2. This ordinance shall become effective upon the expiration
of sixty days following the date of its final adoption by the City Council.
08P.054.01
20034 MICROFILMED
AMENDMENT OF BARGE RESTAURANT AGREEMENT
BETWEEN CITY OF CORPUS CHRISTI
AND PLEASURE PIER ASSOCIATES, INC.
THE STATE OF TEXAS
KNOW ALL 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, a 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, that lease was amended and
rewritten pursuant to authority of Ordinance 16905, which agreement
of February 24, 1982, is hereinafter referred to as "the Lease";
and
WHEREAS, on March 4, 1986, the Lease was amended pursuant to
authority of Ordinance 19217, which agreement of March 4, 1986, is
hereinafter referred to as "the Amendment":
NOW, THEREFORE, premises considered, for and in consideration
of the continued performance of the Lease and in consideration of
changed economic conditions previously unforeseen by the parties
and other consideration reflected herein, the City of Corpus
Christi, a Texas municipal corporation and home rule city (herein-
after the "City") and Pleasure Pier Associates, Inc., a Texas
corporation doing business in Corpus Christi, Nueces County, Texas
(hereinafter "Second Party") agree as follows:
1.
Effective September 10, 1987, Article IV of the Lease shall
read as follows:
"A. RENTAL: Commencing with the month of September, 1987,
Second Party shall pay monthly to the City as rental for the
above described premises the below listed percentage of the monthly
gross receipts for the barge restaurant, or the below listed
minimum monthly amount, whichever is greater:
INCREMENTS MINIMUM
April 1, 1987 thru July 31, 1987
August 1, 1987 thru December 31, 1987
January 1, 1988 thru July 31, 1988
August 1, 1988 thru December 31, 1988
A:01H11012.agm
1.5% or $1,200/month
$1,200 per month
1.5% or $1,200/month
$1,200 per month
January 1, 1989 thru July 31, 1989
August 1, 1989 thru December 31, 1989
January 1, 1990 „thru April 30, 1990
May 1, 1990 thru September 30, 1991
October 1, 1991 thru September 30, 1993
October 1, 1993 thru October 10, 1995
1.5% or $1,200/month
$1,200 per month
1.5% or $1,200/month
3.0% or $3,500/month
3.75% or $4,250/month
4.0% or $4,500/month
"Monthly rental installments shall be due and payable on or
before the tenth (10th) day of the month next following the
applicable calendar month, and shall be accompanied by the certi-
fied monthly financial statement required by Article V of the
Lease. -
"B. PAYMENT OF ARREARS:. In addition to said rentals, Second
Party shall. pay to City the following amounts forarrearsincurred
prior to, September 1,. 1987. The schedule for said payments is as
follows:
(1)' A payment of $7,000 must be made prior to June 30, 1988.
(2)., A final payment of $14,000 must be made prior to June 30,
1989.
"Provided, however, if the boardwalk described in Part 3 is
fully completed to the satisfaction of City prior to April 1, 1988,
credit shall be given for such improvement in the full amount of
said arrears payments.
"C. A11 rentals and arrears payments shall be paid to the
City of Corpus Christi Collection Section at 319 N. Mesquite Street
or P. 0. Box 9277, Corpus Christi, Nueces County, Texas, or as
otherwise designated in writing by the City. -
"D. Second Party may terminate this lease at any time by
complying with the following conditions, all of which must be met:
(1) Sixty days written notice to City.
(2) Payment of liquidated damages equal to -
three months of the minimum monthly amount
as provided above.
(3) Removal of the barge restaurant from City
premises and relocating it to a location
which does not burden the City, and restor-
ing the leased premises.
(4) Satisfaction of all other legal obliga-
tions owing by Second Party under this Lease.
A:01H11012.agm
In the absence of strict adherence to such conditions, City shall
retain all legal remedies for breach of this agreement by Second
Party.
"E. In the event the City opens negotiations or renegotiates
an existing Lease regarding lease rental payments with other sub-
stantially similar restaurant operations in the City Marina, the
Second Party herein shall be likewise entitled to any reductions in
rental compensation granted said other similar restaurant opera-
tions."
2.
Article XXV of the Lease shall hereafter read as follows:
r
"RENT ABATEMENT: The monthly rental shall 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,
(3) whenever the barge restaurant is rendered substantially unus-
able because of damage resulting from fire, water, wind, or force
majeure or (4) in the event major repair, renovation or construc-
tion prohibits access to and through the Peoples Street T -Head.
Upon the cessation of business operations for rent abatement
purposes, Second Party shall notify the Marina Superintendent
immediately, providing the date, time and reason for such cessa-
tion; and shall provide the same immediate notice to the Marina
Superintendent upon reopening the operations. Rent abatement shall
be a pro rata share of the monthly payment, based on each full
twenty-four hourly cessation of operations. Second Party shall
resume its barge restaurant business operations as soon as practi-
cal after the above conditions no longer exist."
3.
A new Article I -A is hereby added to the Lease which shall
hereafter read as follows:
"City additionally leases to Second Party for a term of five
years commencing the llth day of December, 1987, the additional
space designated "boardwalk" adjacent to the barge restaurant as
depicted and incorporated herein in attached Exhibit "B". Said
additional outdoor space may be used by Second Party for addition-
al food and drink services, including outside dining. Such use may
not occur until construction by Second Party of the boardwalk, awn-
ing, and related improvements depicted in Exhibit B and approved in
writing by the City Manager or his designee. Plans for con-
struction must be submitted to the City Manager in writing. The
City Manager's approval shall detail the specifications of any
improvements, and Second Party shall strictly comply with such
specifications. The cost of all improvements shall be borne by
Second Party. Second Party shall maintain the additional leased
premises and all improvements thereon in good and safe condition
A:01H11012.agm
during the Lease term. The boardwalk and all improvements thereon
shall become the property of the City upon expiration or termina-
tion of the Lease. Provided, however, the additional lease pro-
vided for in this paragraph shall automatically terminate (1) if
Second Party has not commenced construction of the improvements
described herein by February 1, 1988, or (2) if Second Party has
not completed the improvements described herein by April 1, 1988."
4.
Article XIX of the Lease shall hereafter read as follows:
"TERMINATION: 'Except as otherwise provided herein, City may
terminate this Lease whenever Second Party fails to comply with the
provisions and covenants contained herein, and fails or refuses to
comply°within a reasonable time after receiving written notice of
the the.violation and recommended cure. -••In the event of termina-
tion'for 'any reason, or of expiration of this Lease at the'end of
its term, Second Party shall immediately comply with a written
order from the City Manager to remove the barge restaurant from the
Marina. -Such removal shall be solely at the cost of Second Party,
and without damage to City property. In connection with its obli-
gation to so remove the barge restaurant, Second Party shall
deposit with City upon execution of this amendment the sum of
Twenty-five Thousand Dollars ($25,000), the receipt whereof is
hereby acknowledged,• the same to be held by City as security for
the full'and faithful performance and observance by Second Party of
its duty to remove -the barge restaurant and to not damage City
property and its indemnity obligations in this paragraph. It is
expressly covenanted and agreed that the sum so deposited is not an
advance payment of or on account of the rent or arrears payments
herein reserved, or any part or installment thereof, or a measure
of City's damages. If within thirty days of the City Manager's
order, Second Party shall fail to remove the barge restaurant
without damage to City property, City may expend the deposits
hereunder as necessary to remove the restaurant and/or repair City
property. The remainder of said deposit, if any, shall be returned
to Second Party. Interest on the deposit shall be used to increase
the deposit, and shall be maintained and distributed as part of the
deposit. Use of the deposit provided for herein shall be cumula-
tive of 'all other legal remedies available to City. Provided,
however, the deposit provided for hereunder may be satisfied by a
surety bond which provides the same degree of protection to City as
contemplated by the deposit.
"It is further provided and agreed that should City remove the
barge restaurant from the Marina after Second Party's failure to
timely do so, City may cause the barge restaurant to be docked or
stored at any location chosen by the City, whether on City property
or otherwise, within or without the City Marina, and Second Party
shall be liable for all expenses of such docking or storage. It is
further agreed that City shall have no duty to protect, maintain or
care for the barge restaurant during transit, docking, or storage,
and that Second Party shall be solely responsible for all such
A:01H11012.agm
matters. Second Party shall fully indemnify, save and hold harm-
less the City of Corpus Christi, its officers, employees, and
agents (hereinafter "the Indemnitees") against any and all liabil-
ity, damage, loss, claims, demands and actions of any nature
whatsoever on account of personal injuries (including, without
limitation on the foregoing, workers' compensation and death
claims), or property loss or damage of any kind whatsoever, to the
Second Party or to any third party, which arise out of or are in
any manner connected with, or are claimed to arise out of or be in
any manner connected with, the removal, transit, docking or storage
of the barge restaurant, regardless of whether such injury, loss or
damage shall be caused by, or be claimed to be caused by, in whole
or in part, the negligence or other fault of the Indemnitees or any
of them. Second Party shall at its own expense investigate all
such claims and demands, attend to their settlement or other
disposition, defend all actions based thereon and pay all charges
of attorneys and all other costs and expenses of any kind arising
from any such liability, damage, loss, claims, demands, and ac-
tions."
EXECUTED in duplicate originals effective upon execution by all the
duly authorized representatives of the Parties, or as otherwise
provided herein.
ATTEST:
City Secretary
Date:
APPROVED:
Hal George, City Attorney
By
Assistant City Attorney
Date:
CITY OF CORPUS CHRISTI, TEXAS
By
Craig McDowell
City Manager
Date:
ATTEST; PLEASURE PIER ASSOCIATES, INC.
By
Authorized Officer
Date: Date:
A:01H11012.agm
September 21, 1987
Pleasure Pier Assoc., Inc. agrees to file an application for
a bond in the amount of $25,000.00 to satisfy the dollar
requirement of Article XIX under TERMINATION.
t.
L.,%. Cohen
President
That the regoing ordinance was read for the first ti a and passed to its
second readi on this the day of , 19 , by the
following vote.
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for
third reading on this the ( day of
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
(tb,p second time
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
and passed to its
, 19 W7 , by the
That the foregoing ordinance w s read for the third time and passed finally on
this theg7.# day of LQ c , 19 p7, by the following vote:
Betty N. Turner Clif Moss
David Berlanga, Sr. Bill Pruet
Leo Guerrero Mary Rhodes
Frank Mendez
Mary Pat Slavik
Linda Strong
PASSED AND APPROVEI, this the 0-1,-1.k day of
ATT T:
C " ecretary
APPROVED:
DAY OF
HAL GEORGE, CITY ATTORNEY
By
, 19
Assistant City Attorney
99.044.01
Cy e.�r•8-°-+"
, 19
THE CITY OF CORPUS CHRISTI, TEXAS
That the foregoing ordinance was read for he irst time and passed to its
second reading on this the 6R day of ,1p , 19F7 , by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
aid -u
ag,e
That the foregoing ordinancen was read for a econd tim and assed to its
third reading on this the !z 9 day of , 19r , by the
following vote:
Betty N. Turner Clif Moss
David Berlanga, Sr. /l.O Bill Pruet
Leo Guerrero Mary Rhodes
Frank Mendez(, Mary Pat Slavik
�� Linda Strong
That the
this the
foregoing ordi� c was read for'i<he third time and passed finally on
,y, day of D -G %v , 191'7 , by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Mo
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the 2'.1 day of ! ' , 19 '7 .
ATTEST:
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
In DAY OF 5.1efrhe..—lneie , 1987:
HAL GEORGE, CITY ATTORNEY
By
As3i. ant Ci y Att?r.ney
99.044.01
20034
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Proposed Development for
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STATE OF TEXAS,
County of Nueces.
PUBLISHER'S AFFIDAVIT
Ad#41557
City of C C
Before me, the undersigned, a Notary Public, this day personally came.
DEanne D Palmer q'r,
who being first duly sworn, according to law,,says that he is the
;
Senior Accounting Clerk,ti,,
of the Corpus Christi Caller and The• Corpuus Christi Times,
:j°i
Daily.Newspapers published at Corpus Christi, Texas,, in said County and State, andcthat the publication of
NOTICE...4F..MSS.AG.E..A.F_.CRIIINANCE. #70034 .AI TEDILIZIN:G..T7iE-.EXECUTION..IlF_.Ali-APIENDMENT-OE
of which the annexed is a true copy, was published in -CGRPUS-641141-ST-1--CAllEitTINES
on the ' 1 day of November- 19_87 and once each daY..._.. ._..._..thereafter for one
consecutive day
one, Times.
$29.90
Deanne D Palmer
Subscribed and sworn to before me this..._...6......-..-.day of N9vemb r 19..fl2____
Not: Pub c, Nueces County, Texas
Eugenia S Cortez 6.30.89
NOTICE OF PASSAGE OF
ORDINANCE 820034
AUTHORIZING THE EXECU-
TION OF AN AMENDMENT 92
OF BARGE RESTAURANT
AGREEMENT WITH PLEA-
SURE PIER ASSOCIATES.
INC. d,b.a C C. DOCKSIDE
RESTAURANT. Rental will be
1 5% or $1.200 a month
throk]h July 31, 1988 gradu-.
ally Increasing to 3.0% OR
$3,500 a month on Novem-
ber,1, 1990, fora term of
three years
Was irassed and approved
on third reading by the City
Council of the City of Corpus
Chnsti. Texas on the 27th day
of October, 1987 and the fall1
text of said ordinance is avail-
able to the public In the Office
of the City Secretary.
/s/ Armando Chapa
City Secretary
Corpus Christi, Texas
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, iss: Ad#66407
County of Nueces. f City of C C
Before me, the undersigned. a Notary Public, this day personally came
Deanne D. Palmer
, who being first duly sworn, according to law, says that he is the
Senior Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times,
DailyNewspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NiIT�CIi.9F..Pk1SSAGF..QkAUTH4$IZING TUE..FrXECUTION OF AN --
off,which the annexed is a true copy, was published in...._..Corpus..Christi..Cai].erTimes
day of October 19.J2., and once each day thereafter for one
consecutive...day.
one Times.
Deanne D. Palmer
Subscribed and sworn to before me this 19th day of October 19.. S7.
Notbry Pylic, Nueces County, Teas
6.30.89
Eugenia S. Cortez
s 1110 Legal Notices
r.' AGREEMENT WITH PLEA -
,,,SURE PIER ASSOCIATES,
INC , d b a C. C DOCKSIDE
RESTAUFANT. Rental will be
1 5% or $12,000 a month
11 through July 31, 1988 gradu-
' ally ihcruasing to 3.0% OR
1 83,500,a month on Novem-
ber 1, 1990. for a term of
j three viers '
Was passed and approved
on second reading by the City
L Council
risa, Texas of theConnythofe 6th daCs
Chorpuy
of October, 1987 and the full
•
a text of said ordinance is avail-
/• able to the public in the Office
• of the City Secretary
/s/ Armando Chapa
City Secretary
ft a
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, L. Ad#54457
County of Nueces. 1 City of C C
Before me, the undersigned a Notary Public, this day personally came
..:Reanme..R.kalmar ., who being first duly sworn, according to law, says that he is the
...§eni.Q.K..Accountina Clerk
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
''NOTrCE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECUTION OF AN AMENDMENT
of which the annexed is a true copy, was published in _...Corkus Christi Caller -Times
on the. e.....27day of Segtem.hez 19_82., and once each. _._.flux. thereafter for one
consecutive..dag
one Times.
32.20
Deanne D Palmer
Subscribed and sworn to before me this 28.. .day of September 19 .87--
Notary
87_Notary public, Nueces County, Tezlas
Eugenia S Cortez 6.30.89
NOTICE OF PASSAGE OF
ORDINANCE ON
FIRST READING
AUTHORIZING THE EXECU-
TION OF AN AMENDMENT
OF BARGE RESTAURANT
AGREEMENT WITH PLEA-
SURE PIER ASSOCIATES,
INC , d,b a. C C DOCKSIDE
RESTAURANT. Rental will be
1.5% or 512,000 a month
through July 31, 1989 gradu-
ally increasing to 3.0% OR
$3,500 a month on Novem-
ber 1, 1990. The term of the
lease will extend through Oc-
tober 10, 1995.
Was passed and approved
on first reading by the Cay
Council of the Coy of Corpus
Christi, Texas on the 22nd
day of September, 1987 and
the fug text of said ordinance
is available to the public in the
Office of the City Secretary.
/s/ Armando Chapa
City Secretary
Corpus Christi, Texas
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