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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 d2." tl,Gri 011_/7, (To_ P7C- ti�AA{E Dr 44.S•r .TP�.(E Cr LME of 6x1.['0 c �g tJEkl co'Jc. cJera • ExKjG PnaL/it IG 1A.14 Apss. W,{N OvERNFI47 eq..4011.1 cavE2 St tJ, pJeL.lc 411701 EX15j'l�. 01..16• I,1AT sj1lEEr t' PDIAL.ICa � �I� 6006. ki2.1. 13JLkJIE&D QropoSEp �`ALt- IJEI..�' 41otzIGGS o o•SC 7 �aLL 1.456cn ", of 479,105Gw2- ji copes Exczz-E 13 Proposed Development for CAPTAIN BOOMERS Restaurant 21 .1aJ!Jttzr 1-1 67 5i1EEt I of taQCL71.J tiowsnt,d- iA,d�S •n¢c,� 1Ec /baT kW-1566irc - I • 6XI514 GAprAIf.J Y,00w1Et25 r1EsjAJrtt".Ir !11111 1 !11!:1111111 IIIIII1i11.111111 I t 1 I1EiJ j 15,Enlj • •` ■� '• • • • • . • 41,10 li 11! 1111 w 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 —•---�.�encenrc-nc