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Home My WebLink About20035 ORD - 10/27/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT MODIFICATION WITH HASSLOCHER ENTERPRISES, INC. d.b.a. WAYWARD LADY. 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 a contract modification with Hasslocher Enterprises, Inc. d.b.a. Wayward Lady modifying the rate schedule and establishing criteria for rent abatement, all as more fully set forth in the contract modification, 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.055.01 20035 MICROFI1MED k .A4kk'kU 'k iktkp' ' 7 • „ -) .11 IA kk I • , ,,. 1 "i• C3itili.r4OR3141 • •,,, s. • pi THE STATE OF TEXAS § COUNTY OF NUECES § AMENDMENT TO LEASE AGREEMENT WITH HASSLOCHER ENTERPRISES KNOW ALL MEN BY THESE PRESENTS: WHEREAS, on July 13, 1984, the City -of Corpus Christi and Hasslocher Enterprises, Inc., did enter into a Lease Agreement for operation of a barge restaurant on the L -Head, said Contract being authorized by City of Corpus Christi Ordinance 16638. 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, Texas, a Municipal corporation, hereinafter called "City", and HASSLOCHER ENTERPRISES, INC., a Texas corporation doing business in Corpus Christi, Nueces County, Texas, called "Second Party", agree as follows: 1 Article III of the Lease shall hereafter read as follows: "TERM. The term of this lease shall be for a period of fifteen (15) years, commencing the 15th day of July, 1984, and terminating on the 14th day of July, 1999." 2 Effective August 1, 1987, Article IV of the Lease shall read as follows: "RENTAL. The Second Party shall pay each month to the City as rental for the above described premises, a rental according to the following schedule: MONTH RATE 37 - 72 months 1.5% of the Gross Sales or $2,100 a month, whichever is greater. 73 - 121 months 4.0% of the Gross Sales per monthly. 122 - 180 months 4.25% of the Gross Sales per monthly. Rental payments shall be due and payable on or before the tenth day of the calendar month following the month for which incurred. WAYWARD.LADY RESTAURANT CONTRACT MODIFICATION Page 2 A new Article XXV is read as follows: 3 hereby added to the Lease which shall hereafter "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 unusable because of damage resulting from fire, water, wind, or force majeure or, (3) in the event major repairs, renovations or construction prohibits access to and through the L -Head (Cooper's Alley). Upon the cessation of business operations for rent abatement purpose, Second Party shall notify the Marina Superintendent- immediately, providing• that date, time, and reason for such cessation; 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 (24) hour cessation of operations. Second Party shall resume its barge restaurant business operations as soon as practical after the above conditions no longer exist." EXECUTED IN DUPLICATE ORIGINALS, effective upon execution by all the duly authorized representatives of the parties, or as otherwise provided herein. ATTEST: '. HASSLOCHER ENTERPRISES, INC. DATE: ATTEST: BY DATE: Authorized Officer CITY OF CORPUS CHRISTI BY: ,BY City Secretary City Manager DATE: DATE: APPROVED: , , - Hal George, City Attorney BY: DATE: Assistant City Attorney 08G.042.03 That the fore second reading following vote: ing ordinance was read for the first .ime and passed to its this the day of , 19 , by the Betty N. Turner Clif Moss David Berlanga, Sr. Bill Pruet Leo Guerrero Mary Rhodes Frank Mendez Mary Pat Slavik Linda Strong That the foregoing ordinance was read for trip second time and passed to its third reading on this the day of (Y Civ— _t , 19_g"7, 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 VIAD That the foregoing ordinance was read for the third time and passedfinally on this the. 1 , day of eQ i-ei.e r' , 19p 7 , 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 PASSED AND APPROVED, this the 7.. day of ATT T: y Secretary " MAY APVED: (/ L=LDAY OF , 197 HAL GEORGE, CITY ATTORNEY 99.044.01 44)1/!? -(.r THE CITY`OF CORPUS CHRISTI, TEXAS That the foregoing ordinance was read for to- first �ime nd passed to its second reading on this the day of AP. 19 Q 7 , by the following vote: Betty N. Turner David Berlanga, Sr. 611-6-erl2 Leo Guerrero ay -9 Frank Mendezt-, Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong That the foregoing ordinance was read for a second time and passed to its third reading on this the y day of Qu2&J , 19 /'7, by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez That the this the Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong cut& ,regoing ordinance was rad for the third .'me and passed finally on day of (x ' , 19 87 , by t following vote: Betty N. Turne David Berlanga, S Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the day of OC-C(r'tI.ehp , 1987 ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 10 DAY OF SnP♦r.»I.e✓ HAL GEORGE, CITY ATTORNEY , 19g7 Ataht City Atto 99.044.0] 20035 STATE OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT )ss.Ad#41817 City of C C Before me, the undersigned, a Notary Public, this day personally came. • • assn .D.,Palmez who being first duly sworn, according to law, `says that he is the SeniorTAccounting Clerk of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and thatl the publication of NOTICE OF PASSAGE OF ORDINANCE #20035 AUTHORIZING THE EXECUTION OF A CONTRACT MODIFICATION of which the annexed is a true copy, was published in Corpus Christi Caller -Times on the` -1 day of. November 19 87.., and once each daY_..._._..._..thereafter for.. one , consecutive....day one Times OCILO-AingA...-- eank,A, b&ne Taker Subscribed and sworn to before me this_._t2.Y ._.._.day of H9vember Not Public, Nueces County, T -e as genia S. Cortez 6.30.89 OTICE OF PASSAGE OF ORDINANCE #20035 AUTHORIZING T EXECU- TION OF A T MODIFICATION WITH HAS- SLOCHER ENTERPRISES, INC. i The rental will bE RLADY.D 1 5% of the t gross sales or 52.100 a month whichever is greater \r, for a term of three years. Was passed and approved on third reading by the City Council of the City of Corpus h Christi, Texas on the 27th day i of October, 1987 and the full e text of said ordinance is avail- able to the public m the Office of the City Secretary. PUBLISHER'S AFFIDAVIT STATE OF TEXAS, tss: Ad#66451 County of Nueces. 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, Daily Newspapers published at Corpus Christi, Texas, in said County'and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECUTION OF A CONTRACT of which the annexed is a true copy, was published in . Corpus Christi Caller -Times on the. 11_._ day of October1987., and once each day thereafter for one consecutive day one Times. $26.45 Deanne D Palmer Subscribed and sworn to before me this 19xh day of October 19 87 Notary Pubiic, Nueces County, Texas— Eugenia S. Cortez 6.30.89 NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECU- TI MODIFICATION WITHTRACT HASSLOCHER ENTERPRISES,• INC, d b a WAYWARD LA- DY, The rental' will be 1,5% of the gross sales or 52,100 t a month whichever is greeter for a term of three years I Was passed and approved • on second reading by the City Council of fhb City of Corpus Christi, Texas on the 6th day of October, 1987 and the full text of said ordinance is avail- able to the public at the Office of the City Secretary /0/ Armando Chapa City ChnstSecretary e Texas PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lss: Ad#54504 County of Nueces. f City of C C Before me, the undersigned, a Notary Public, this day personally came ;Deanne D Palmer "_.. ....._.._...— , who being first duly sworn, according to law, says that he is the q Segga..p�x4unSing..Clerk of the Corpus Christi Caller and The Corpus Christi Times, DailyNewspaperspublished at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECUTION OF A CONTRACT of which the annexed is a true copy, was published in Corpug..C,hxjati.••Gail Pr -Times on the.—._.27day of •Seatember —••-- 19.$Z..., and once each ......_....da3c_ thereafter for one,. consecutive day, Times. 31_05 Deanne D Palmer Subscribed and sworn to before me this Zg._..day of =pP.1 s mbax 1931 ti Notary Public, Nueces County, Texas Eugenia S. Cortez 6.30.89 NOTICE'OF PASSAGE OF ORDINANCE ON FIRST READING EXECU- AUTHORIZING TCONTRACT TION OF A SLOOOIHICATION WITH EF( ENTERPRISESHINC. db aN WAYWARD LADY Tha rental will be 1.5% of the gross sales or 52.10018 1.7 1u l;, month whichever is gr tiU' with tWa rate to increase grad. �'\� ` ualiy to 4 25% of the gross sales in the 121st month r The term of the lease will be for A ftfee 190 months roved Was passed and app on first reading by the City Council of the City of Corpus Christi. Texas on the 1987 and day of September, the full text of saidorin the is evadable to the public Office of the City Secretary. /s/ Armando Chaps City Secretary Corpus Christi, Texas