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HomeMy WebLinkAbout020366 ORD - 07/05/1988AN ORDINANCE AMENDING ORDINANCE NO. 19910 AND AUTHORIZING THE EXECUTION OF AN AMENDED LEASE AGREEMENT WITH SINSAN, INC., FOR THE DEVELOPMENT OF A RECREATIONAL FACILITY ON CORPUS CHRISTI BEACH; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 19910 adopted by the City Council on August 11, 1987 is hereby amended. SECTION 2. That the City Manager is hereby author- ized to execute an amended lease agreement with SINSAN, Inc., for the development of a recreational facility on Corpus Christi Beach Park, all as more fully set forth in the Amended Lease Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 3. Publication shall be made in the offi- cial publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 20366 MICROFILMED 004.ord That the foregoing ordinance w s read for h first time and passed to its second reading on this they// day of , 19 sq , by the following vote: Betty N. Turner " �— David Berlanga, Sr. allA�.it� Leo Guerrero Clif Moss That the foregoing ordinance yeas read third reading on this the k:!51/.T day following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss That the foregoing ordinance this the ,5--V-4,---day of Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss was read Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong forAond time and pssed to its of , 19 o" , by the Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong Ntzvtit for the tiird time and passed finally on , 19 .n , by the following vote: Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the day of ATTEST: City Secretary APPROVED: 04) DAY OF J � , 19Er$: HAL GEORGE, CITY ATTORNEY By A s ant City Attor 99.044.01 1u-'-`)/ , 19 FI. MAYOR 20 THE CITY OF CORPUS CHRISTI, TEXAS AMENDED LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF NUECES This Amended Lease Agreement is made and entered into this the day of , 1988, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and SINSAN, INC., a private Texas corporation, hereinafter called "Tenant", whose principal office and place of business is at 105 American Bank Plaza in the City of Corpus Christi, Nueces County, Texas, to reflect certain amendments to that certain Lease Agreement as authorized by Ordinance 19910 by the City Council on August 11, 1987. I. City, in consideration of Tenant's faithful performance of the covenants described herein, leases to Tenant the following described land, hereinafter called the "leased land": That certain portion of Corpus Christi Beach described by the metes and bounds appearing on the survey attached hereto as "Exhibit A", which is incorporated by reference herein as if same were copied in full at this point. II. PERMITTED USE. The demised premises shall be used for recreational purposes as a Water Theme and RV Park, including but not limited to, a number of swimming and other activity pools, curvilinear and straight flumed water slides, ample sunning and picnic areas, volleyball nets, shuffle board and basketball courts, gift shop, arcades, roller skating rink, food and drink concessions, lockers, showers and changing areas, party pavilion and an RV park accommodating a minimum of 50 parking spaces. The premises shall only be used for the kinds EXHIBIT "A" of purposes described above and the land will be improved in phases as further provided by paragraph IV of this lease. Phase I will consist of the necessary improvements to accomodate the recreational facilities described above. III. TERM. The term of this lease shall be for a period of twenty (20) years, commencing September 4, 1988, and ending September 3, 2008. Tenant shall have an option to extend this lease for an additional ten years, subject to approval by City which approval will not be unreasonably withheld. Tenant shall submit to City written notice of its desire to so extend 120 days prior to expiration. IV. IMPROVEMENTS TO LAND. Tenant agrees to construct certain improvements on the leased land according to plans and specifications to be agreed upon between the City and Tenant. Such plans and specifications shall provide for a Water Theme and RV Park as well as other amenities as they are generally described above in Section II. Such plans and specifications shall include, at a minimum, the facilities and commitments set forth in Tenant's proposal of April 16, 1987 signed by Patrick J. Sanjenis and Robert C. Sinclair and explained and modified in Mr. Sanjenis' letters of May 4, 1987 and May 15, 1987, [hereinafter the "Proposal"]. The Proposal is attached hereto as Exhibit B, and is incorporated herein and made part of this Lease Agreement, except to the extent that it is modified by this Agreement. Changes in the proposal may be made only upon approval of the City Council. City approval of such plans and specifications shall be based only upon the general location and concept of improvements, and shall not contemplate the safety, design, quality, condition, fitness, suitability, serviceability, utility, function or operation of said improvements or the plans therefore, and Tenant shall have exclusive control over all such matters. The parties further agree that City will not have any responsibility, control or authority with regard to the safety, design and operation of the 07G.824.03.11 2 water theme park facilities, RV facilities, and other facilities placed on the leased premises under this agreement. Tenant will employ and consult with its own experts in the area of safety, design and operation of such facilities. Tenant's lease shall terminate, if construction has not been completed by March 15, 1989, provided Tenant demonstrates to City's satisfaction no later than September 30, 1988, that Tenant has obtained all the necessary financing to complete Phase I of Tenant's proposed development. If Tenant has not acquired the necessary financing by September 30, 1988, then Tenant's lease shall terminate. The parties contemplate a Phase 2 and Phase 3 future development program by Tenant of the premises beyond that specified in the Proposal. Said development shall be of the same kind, quality, nature and character, and for the same purposes as set forth in paragraph II and the Proposal. Such future development will proceed only after the submission to the City Manager for approval of plans and specifications, describing the intended future use/development, 60 days prior to the anticipated start of construction, and the City Manager will not unreasonably withhold approval. V. WETLANDS. The leased land contains several officially designated Wetlands. Tenant agrees that said wetland areas will not be altered, damaged or constructed upon unless a proper permit has been obtained from the appropriate regulating entities. If the approved plans and specifications require tenant to alter or fill in a designated Wetland, or portion thereof, and the regulating authorities require mitigation for the lost wetlands, City will use best efforts to assist in the permitting process and provide a mitigation site. City will be deemed to have used its best efforts to assist in the permitting process if it files an application timely prepared'and submitted to it by Tenant, and a majority of the City Council adopts a resolution supporting the application. Provided, however, City shall not be required to provide any mitigation site 07G.824.03.11 3 which would require expenditure by the City beyond dedication of a site already owned by City, and City shall not be required to provide any site which the City Council deems essential to other City purposes or needs. The Tenant shall be responsible for all liabilities, including but not limited to, penalties, fines, and other costs of anticipated or unanticipated mitigation, arising from and incidental to the construction of the project and the construction techniques used. VI. RENTAL. As consideration (rent) for the leased land, Tenant agrees to pay and remit unto the City, beginning with the opening of the Water Theme/RV Park, or any other commercial activities, a percentage of the gross receipts derived by Tenant or any of Tenant's concessionaires, assignees or sublessees from any activity on the leased premises, including but not limited to the operation of the Water Theme/RV Park, games, rentals, food, drinks, gifts, lockers, and all other activities and concessions on the leased premises. As used herein, the term "Gross Receipts" shall mean all receipts and payments actually made in cash, by check or by credit cards, and all amounts which could have been recovered through reasonable diligence, less applicable sales taxes. Said percentage shall be set at three percent (3.0%) for the first seven (7) years of the lease payable after the date of the opening of the Water Theme/RV Park or other commercial activities, four percent (4.0%) for the eighth through twelfth years, and five percent (5.0%) for the thirteenth through fifteenth years, and seven percent (7%) for the last five (5) years of the term. Provided, however, the rental paid to City hereunder shall not be less than twenty-five thousand dollars ($25,000.00) per year as calculated from the commencement of rentals becoming due hereunder. Any deficiency in said minimum payment shall become due as rent on the tenth day of the last month at the end of the year and shall be subject to all other provisions in this Lease concerning rent. 07G.824.03.11 4 The above rental shall be calculated on a monthly basis, and shall be paid on or before the tenth (10th) day of each following month. The first monthly payment shall be due and payable on or before the tenth day of the month following the month, or portion thereof, in which the Water Theme/RV Park or activity opens.for business, and not later than April 10, 1989. Subsequent rental payments shall be due and payable on or before the tenth day of each calendar month thereafter. Tenant shall keep strict and accurate books of account of all receipts collected. Tenant agrees to furnish City certified monthly statements of gross receipts itemizing the individual dates of operation. Such statements shall be formulated according to generally accepted accounting practices and in a form prescribed by the City's Director of Finance which form may be changed from time to time by said Director. The said books of account shall be open for inspection by the City at all times. All underlying documentation for Tenant's certified monthly statements, including cash register tapes, shall be preserved by Tenant for at least five years. City may terminate this lease for failure to preserve such records or provide them to City upon request. VII. LESSEE RESPONSIBILITIES. Tenant shall be exclusively responsible for the following: a. Cost for installation and use of all utilities, including, but not limited to, water, sewer, sanitation, electricity, natural gas, and telephone. b. Compliance with all federal, state, and local laws, ordinances, rules and/or regulations, as amended, including, but not limited to, Chapter 12 of the City of Corpus Christi Code of Ordinances. c. All employees shall be covered by Workers' Compensation Insurance, carried at the expense of Tenant. 07G.824.03.11 5 d.,. Obtain and carry a policy of general liability insurance on the leased land and improvements thereon, including coverage for every activity to be engaged in on the premises including coverage for poisoning or illness from food or drink, by terms of which the city shall be named as additional insured. Such policy shall include coverage in the amount of Five Hundred Thousand Dollars ($500,000.00) for bodily injury or death to any one person, One Million Dollars ($1,000,000.00) for bodily injury or death for any one occurrence, and One Hundred Thousand Dollars ($100,000.00) for a claim of property damage. The City shall be furnished with a certified copy of such effective policy of insurance prior to the commencement of the lease term. Said policy shall include a provision that the policy may not be canceled or terminated until the City has been given thirty (30) days written notice of such cancellation. City may require reasonable increases in said coverage so that the present real value of said coverage is not diminished over the course of this lease. e. Tenant shall keep the buildings and improvements upon the premises insured against loss or damage by fire, windstorm or other damage or destruction for their full insurable value with companies satisfactory to the City, and shall furnish the City with a complete list of all such insurance; shall pay all the premiums necessary for those purposes immediately as they become due, and deliver to the City the receipts therefor; shall make all insurance payable to the Tenant and City, and shall deliver to the City a true copy of the policies of all insurance payable to Tenant and City; provided, that if the Tenant shall at any time fail to insure or keep insured as aforesaid, the City may do all things necessary to effect or maintain such insurance, and any moneys expended by it for that purpose shall be repayable by 07G.824.03.11 6 the Tenant, with interest at the rate of ten percent per year, or the highest legal rate if less than ten percent, upon demand. In case of damage or destruction, the Tenant shall repair, restore, or rebuild the buildings and improvements on the premises, in accordance with plans and specifications to be approved by the City as in paragraph IV, with all reasonable dispatch, and in any event within six months from the time of such damage or destruction; provided, that in case of any such damage or destruction the City shall apply any insurance money recovered by it to such repair, restoration or rebuilding under plans and specifications approved by the Lessor; and provided further that all insurance money recovered and not paid to the Lessor shall first be so applied; and provided also that in case the Tenant shall not so repair, restore, or rebuild within six months, then such insurance money recovered by the City may be retained by it to the extent of its damages for the breach of the Tenant's covenant to repair, restore or rebuild, but City shall not be limited to such amount as damages. Nothing herein shall prevent City from terminating this agreement for failure to maintain the required insurance. f. Cost for publishing in the legal section of the local newspaper the lease description required by the City Charter. g. Filing a certified monthly statement of revenue as described in Paragraph VI on or before the tenth (10th) day of each month, and at the same time paying City the rental amount described in Section VI. h. Regularly inspecting and maintaining fire fighting and safety systems and equipment in the highest degree of readiness, and regularly training employees in fire prevention, safety and emergency procedures. 07G.824.03.11 j Payment of all operating expenses incurred by Tenant in connection with the said Water Theme/RV Park. Tenant shall at all times during the continuance of this lease keep and maintain in good repair and attractive condition all buildings and improvements and personal property on said premises and in the event any structure or structures now erected on said demised premises or improvements thereto, or any structures erected in place thereof are damaged or destroyed, the Tenant, as soon as the same may be done, will repair such injury, or in case it does not repair the same it will rebuild said structure or structures upon said premises in as good condition and value as they were before such damage or destruction; and the said Tenant shall commence such rebuilding or repairing as soon as practicable after such injury or destruction, and complete the same without delay in accordance with subparagraph "e". The Tenant further agrees that all moneys received by it as the proceeds of insurance policies against loss on the buildings and improvements now or hereafter during the term of this lease erected on said demised premises on account of destruction or damage to same shall be devoted to repairing or rebuilding such damaged or destroyed building or the erection of a new building on the demised premises. All improvements and new buildings shall be of a good and substantial character, suitable to the locality, and such as will not tend to decrease the value of the land hereby leased. k. No part of the leased property shall be used in such manner as to create a nuisance or for any unlawful purpose. 1. Tenant, before taking possession of the leased premises, shall be solely and exclusively responsible for thoroughly and sufficiently inspecting the leased premises and ascertaining solely from such 07G.824.03.11 8 inspection any premises defects located thereon, and shall be solely and exclusively responsible for correcting every such premises defect prior to commencing any construction or recreational operations thereon. m. Tenant, consistent with the proposal and letter amendments thereto agrees to keep the Water Theme/RV Park open 12 months a year with certain facilities/amusements running open or closed depending upon necessary adjustments to accomodate the changing seasons and demand affected thereby. Particular facilities which shall be open for business shall include at a minimum but not be limited to the following: (1) all facilities on the leased premises: every day at least ten hours from the first day of the Memorial Day weekend through the last day of the Labor Day weekend; (2) Winter Texan programs: every day at least eight hours from the end of the Labor Day weekend through March, which shall include the pavillion being open; (3) the concession area, shuffleboard courts, skating area, and spa: every day at least eight hours all twelve months, subject to weather conditions which make a particular activity or all activities impracticable. The requirements in this paragraph may be modified with the written consent of the City Manager. Quarterly schedules will be submitted to the City identifying planned hours of operations, and those facilities and amusements to be open and closed. VIII. TRANSFER. This lease may not be transferred by Tenant except with the approval of the City Council expressed by ordinance, which approval may not be unreasonably withheld. IX. 07G.824.03.11 9 NON-DISCRIMINATION. Tenant warrants that it is and will continue to be an Equal Opportunity Employer and hereby covenants that no employee or customer shall be discriminated against because of race, creed, color, or national origin. X. INSPECTION. City personnel shall have the right to enter upon the leased premises at all times for purposes of inspection to protect its interest as lessor. Nothing in this lease agreement shall be construed to restrict City in the exercise of its police powers. XI. LEASE RELATIONSHIP. It is specifically agreed and understood that the parties intend and do hereby create a landlord/tenant relationship, and this agreement shall be construed conclusively in favor of that relationship. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rent, or any other provision contained herein, or any of the acts of the parties hereto, shall be deemed to create any relationship between the parties herein other than that of Landlord and Tenant. XII. TERMINATION. 1. Termination of Lease. Upon occurrence of any Event of Default, City may, at its option, in addition to any other remedy or right given hereunder or by law, (a) Give notice to Tenant that this lease shall terminate upon the date specified in the notice, which date shall not be earlier than five (5) days after the giving of such notice, or 07G.824.03.11 10 (b) immediately or at any time after the occurrence of such Event of Default, and without notice or demand, enter upon the demised premises or any part thereof in the name of the whole, and upon the date specified in such notice, or in any other notice pursuant to law, or upon such entry, this lease and the term thereof shall terminate. 2. Event of Default Defined. Each of the following shall be deemed as Event of Default: (a) default in the payment of rent or other payments hereunder; (b) intentional, knowing or fraudulent failure under paragraph VI to maintain strict and accurate books of account, to furnish an accurate statement of gross receipts to the City, or to furnish said books of account to City for inspection. (c) failure to have in effect at all times a policy of liability insurance as provided in paragraph VII, subdivision "d". (d) if Tenant shall default in the performance or observance of any other covenant or condition of this lease by the Tenant to be performed or observed, or if Tenant shall fail to make reasonable efforts in the light of the surrounding circumstances to keep substantially all the premises occupied and open for business, the expiration of the period of fifteen (15) days after giving notice of such default or failure to Tenant by Landlord; (e) abandonment of the premises; (f) the filing or execution or occurrence of (1) a petition in bankruptcy by or against the Tenant; (2) a petition or answer seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or other relief of the same or different kind under any provision of the Bankruptcy Act; 07G.824.03.11 11 (3) adjudication of Tenant as a bankrupt or insolvent; or insolvency in the bankruptcy or equity sense; (4) an assignment for the benefit of creditors, whether by trust mortgage or otherwise; -(5) a petition or other proceeding by or against the Tenant for, or the appointment of, a trustee, receiver, guardian, conservator or liquidator of Tenant with respect to all or substantially all of its property; (6) a petition or other proceeding by or against the Tenant for its dissolution or liquidation, or the taking of possession of the property of the Tenant by any governmental authority in connection with dissolution or liquidation; (7) the taking by any person of the leasehold created hereby or any part thereof upon execution, attachment or other process of law or equity. 3. Repossession. Upon termination of this lease as hereinabove provided, or pursuant to statute, or by summary proceedings or otherwise, the City may enter forthwith without further demand or notice upon any part of the premises, in the name of the whole, if it has not theretofore done so, and resume possession either by summary proceedings, or by action at law or in equity or by force or otherwise, as the Landlord may determine, without being liable in trespass or for any damages. In no event shall such reentry or resumption of possession or reletting as hereafter provided be deemed to be an acceptance or surrender of this lease or a waiver of the rights or remedies of Landlord hereunder. 4. Damages. Upon termination of this lease in any manner as herein provided, or by summary proceedings or otherwise, Tenant shall pay to Landlord forthwith without demand or notice the sum of the following: 07G.824.03.11 12 (a) all rent accrued to the date of such termination and a proportionate part of the rent otherwise payable for the month in which such termination occurs; (b) the cost of making all repairs, alterations and improvements required •to be made by the Tenant hereunder, and of performing all covenants of the Tenant relating to the condition of the premises during the term and upon expiration or sooner termination of this lease; (c) the cost of the following: (1) obtaining possession of the premises; (2) removal and storage of Tenant's or other occupant's property; (3) restoration of the land to its original condition. (4) reasonable expenses and attorneys fees necessary to enforce this agreement. The foregoing rights and remedies given to the City are, and shall be deemed to be, cumulative of any other rights of City under law, and the exercise of one shall not be deemed to be an election, and the failure of City at any time to exercise any right or remedy shall not be deemed to operate as a waiver of its right to exercise such right or remedy at any other or future time. XIII. NOTICES. Any notices provided for under this lease may be given, in writing, to the City, by delivering or mailing the notice to the Director of Park and Recreation Department Office at P. 0. Box 9277, Corpus Christi, Texas 78469, and to the Tenant by delivering or mailing the notice to 105 American Bank Plaza, Corpus Christi, Texas 78475. 07G.824.03.11 13 MODIFICATIONS. No changes or modifications to the lease shall be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. XV. DELINQUENCY. Tenant shall be deemed "delinquent" if the City has not received Tenant's monthly rental payment and financial statement on or before 5:00 p.m. on the tenth (10th) day of the month. If the tenth day of the month falls on a weekend or a holiday, payment and financial statement shall be tendered on the first business day thereafter. Tenant shall be in default for purposes of paragraph XII if Tenant fails or refuses to pay the amount due and/or provide the required financial statement within five (5) days after City has sent written notice to Tenant of delinquency. In the event Tenant is delinquent, the amount of rental owing under paragraph VI shall increase by five percent (5%). Should said rental not be received by the twentieth day of the month, it is agreed that the full rental amount due or any portion remaining owing shall bear interest at the rate of ten percent (10%) per annum from said twentieth day until paid. Such interest shall be considered additional rent hereunder, shall not be considered as a deduction from percentage rental, and shall be payable immediately upon demand. XVI. INDEMNITY. Tenant shall indemnify and hold the City, its officers, employees, agents, and representatives, harmless from and against all claims, demands, causes of action, costs, attorney's fees, liabilities of any nature whatsoever arising out of this agreement, and the use, operation, or occupancy of the Water Theme/RV Park and entire leased premises (including conditions therein and arising therefrom), whether such use, operation or occupancy is authorized or not, or from any act or omission of Tenant, or its officers, agents, employees, guests, customers, or invitees. 07G.824.03.11 14 XVII. TAXES AND CHARGES. Tenant shall timely pay all ad valorem and other taxes, if any, which have been or shall be levied, assessed or otherwise imposed on the demised premises and improvements thereon during the lease term. It is the intent of this.lease that City shall receive the rental specified in this lease net and clear of all costs or charges relating to the demised premises, and that Tenant shall pay all charges and expenses of every nature that may be imposed upon the demised premises and its appurtenances during the term of this lease. XVIII. OWNERSHIP AND CONDITION OF IMPROVEMENTS. Upon expiration of this lease at the conclusion of the full twenty-year term, all leasehold improvements shall become property of the City. Upon termination of this lease prior to conclusion of the full twenty-year term, all leasehold improvements shall, at option of the City, exercised in writing within thirty days of termination, become property of the City. Tenant shall, at its sole expense, remove any such improvements not so accepted by the City within thirty days of notification by the City of non-acceptance, and shall restore the land to its original condition. Upon expiration or termination of the Lease, the premises and all improvements shall be delivered to City in the maintained condition required by this Lease, and Tenant shall be liable to the City for the cost of repairing the premises or improvements to such maintained condition. Tenant herewith will deposit at the commencement of the Lease with City the sum of Thirty-Thousand Dollars ($30,000.00) the receipt whereof is hereby acknowledged, the same to be held by City as security for the full and faithful performance and observance by Tenant of its duty under this Agreement, to remove improvements, maintain the premises and improvements, and restore the land to its original condition after termination or expiration. It is expressly convenanted and agreed that the sum so deposited is not an advance payment of or on account of the rent herein 07G.824.03.11 15 reserved, or any part or installment thereof, or a measure of City's damages. If upon expiration or termination of this Lease, Tenant shall fail to return the premises or improvements to City in the condition required by this Lease, City may expend the deposits hereunder as The remainder of said deposit, if any, the deposit shall be used to increase necessary to accomplish such condition. shall be returned to Tenant. Interest on the deposit, and shall be maintained and distributed as part of the deposit. Prior to approval of Phase 2 and Phase 3, an addition to the deposit shall be agreed to by City and Tenant in an amount reasonably sufficient to cover additional maintenance or restoration costs which may be necessitated thereby. Use of the deposit provided for herein shall be cumulative 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. XIX. PREMISES DEFECTS UPON TERMINATION. lease at any time, or expiration at the notify City in writing of any premises thereon. In the event of termination of this end of the lease term, Tenant shall defects on the land or improvements XX. CHANGES IN LEASE. This amended lease agreement contains the entire agreement between the parties, reflecting all amendments to that certain Lease made August 11, 1987, approved by Ordinance 19910. None of the covenants, terms or conditions of this lease shall in any manner be altered, waived, changed or abandoned except by a written instrument, duly signed by the parties hereto, and 07G.824.03.11 16 not otherwise, and no act or acts, omission or omissions or series of acts or omissions, or waiver, acquiescence or forgiveness by the City as to any default in or failure of performance either in whole or in part by the Tenant as to any of the covenants, terms or conditions of this lease, shall be deemed or construed to be a waiver by the City of the right at all times in the future to insist upon the full and complete performance by the Tenant of each and all the foregoing covenants, terms and conditions thereafter to be performed according to the provisions of this lease in the same manner and to the same extent as the same are herein covenanted to be performed by the Tenant. XXI. LIABILITY OF TENANT. Tenant shall be liable to City for any damage to City property caused by Tenant, or its officers, agents, or employees. City does not and will not in any way be responsible or liable for any of the financial obligations which may be incurred or created by Tenant, or its officers, agents, or employees. XXII. SUBORDINATION. The City Manager may agree with Tenant to subordinate City's rights in improvements under this agreement to a lender who finances the improvement for Tenant, to the extent that the lender shall be permitted to remove the improvement from the premises if removal can be accomplished so as to restore City's land to its original condition. XXIII. CAPTIONS. The captions employed in this lease are for convenience only and 07G.824.03.11 17 are not intended to and shall not in any way limit or amplify the terms or provisions herein. EXECUTED IN DUPLICATE ORIGINALS this the day of 1988, by the authorized representatives of the parties. ATTEST: Secretary ATTEST: TENANT: SINSAN, INC. By CITY OF CORPUS CHRISTI, TEXAS By Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: day of , 1988 Hal George, City Attorney By Assistant City Attorney 07G.824.03.11 18 • VOSS AND VOSS ENGINEERING & LAND SURVEYING STATE OF TEXAS X X COUNTY OF NUECES X 5350 So. Staples, Suite 205 Corpus Christi, Texas 78411 512/993-0140 Job No. 87-418 City of Corpus Christi 21.194 Acres -Proposed Lease Area ALL that certain tract or parcel of land situated in Nueces County, Texas, a part of the Brooklyn Addition recorded in Volume A, Pages 30-32, Map Records of Nueces County, Texas, same lying within the corporate City Limits of Corpus Christi, Texas, same being a part of those lands either conveyed or claimed to or by the City of Corpus Christi, Texas, and described by metes and bounds as follows, to -wit: 12.239 Acres BEGINNING at a 5/8" iron pin set for the West corner,same being the West corner of Block 72 of said Brooklyn Addition, same lying in the Southeast Right -of -Way margin of U.S. Highway 181, same lying in the Northeast margin of Golden Street; THENCE, NORTH 41°45'56" EAST 444.57 feet to a 5/8" iron pin set for a corner, same lying in the Southeast Right -of -Way margin of said. U.S. Highway 181; THENCE, along the Southeast Right -of -Way margin of said U.S. Highway 181, NORTH 49°43'25" EAST 234.01 feet to a concrete monument found and NORTH 55°46'00" EAST 787.90 feet to a 5/8" iron pin set for the North corner, same lying in the Southwest margin of Hull Street; THENCE, along the Southwest, West, and Northwest margin of said Hull Street as it turns into Timon Blvd. along a curve to the right with the following Curve Data: R = 225.00 feet, Lc = SOUTH 7°05'48" EAST 348.44 feet, and central angle = 101°29'13" to a 5/8" iron pin set for a corner; THENCE, along the Northwest margin of said Timon Blvd. as established on the ground, SOUTH 46°01'08" WEST 510.17 feet to a 5/8" iron pin set for a point of curvature and along a curve to the left with the following curve data; R = 3018.49 feet, Lc = SOUTH 40°06'43" WEST 621.28 feet, and central angle = 11°48'50" to a 5/8" iron pin set for the South corner, same lying in the Northeast margin of Golden Street; THENCE, along the Northeast margin of said Golden Street, NORTH 58° 12'00" WEST 472.67 feet to the place of beginning containing 12.239 acres of land. 6.555 Acres BEGINNING at a 1"iron pipe found for the most Easterly South corner, same being the South corner of Block 384 of the said Brooklyn Addition, same lying in the Northeast margin of Foggs Street and the North- west margin of Gulfbreeze Blvd; VOSS AND VOSS ENGINEERING & LAND SURVEYING Page 2 5350 So. Staples, Suite 205 Corpus Christi, Texas 78411 512/993-0140 THENCE, NORTH 58°31'19" WEST 129.50 feet along the Northeast margin of Golden Street to a 5/8". iron pin set for the West corner, same lying in the Southeast margin of Timon Blvd; THENCE, along the Southeast ,margin of Timon Blvd., along a curve to the Right with the following curve data: R = 2958.49; L = North 40°06'47" EAST 608.81 feet, and central angle = 11°4841" to a 5/8" iron pin set and NORTH 46°01'08" EAST 510.17 feet to a 5/8" iron pin set for the North corner, same lying at the inter- section of the Southeast margin of Timon Blvd. and the Southwest margin of Gulfbreeze Blvd; THENCE, along the Southwest, West, and Northwest margin of said Gulfbreeze Blvd. along a curve to the Right with the following curve data: R = 210.00 feet, Lc = SOUEH 20°32'21" EAST . 316.73 feet, and central angle = 97°53'42" to a 5/8" iron pin set and SOUTH 31°26'43" WEST 540.89 feet to the place of beginning containing 6.555 acres of land. 2.400 Acres BEGINNING at a 5/8" iron pin set, same being the South corner of a 1.068 acre tract of land leased by Edward E. Hogan with the City of Corpus Christi dated September 13, 1970, same lying in the Southeast margin of Timon Blvd.; THENCE, along the Southeast boundary of the said Edward E. Hogan 1.068 acre lease and the Southeast margin of said Timon Blvd. NORTH 47°19'54" EAST 482.00 feet to a 5/8" iron pin set for the e North corner, same being the East corner of the said Edward E. Hogan 1.068 acre lease, same lying on a high bank of ground above a line of mean high high tide of Corpus Christi Bay; THENCE, along the said high bank, SOUTH 63°11'22" EAST 46.10 feet to a 5/8" iron pin set, SOUTH 23°30"17" WEST 104.00 feet to a 5/8" iron pin set, SOUTH 24°01'55" WEST 94.21 feet to a 5/8" iron pin set, SOUTH 23°53'10" WEST 98.81 feet to a 5/8" iron pin set SOUTH 23°48'32" WEST 103.10 feet to a 5/8" iron pin set and SOUTH 23°42'15" WEST 98.3 feet to a 5/8" iron pin set; THENCE, SOUTH 36°22'46" WEST 225.07 feet to a 5/8" iron pin set for the South corner, same being in the Northeast margin of Gulfbreeze Blvd.; THENCE, along the Northeast margin of said Gulfbreeze Blvd. along a curve to the left with the following curve data: R = 270.00 feet, L = NORTH 28°29'11" WEST 293.61 feet, and central angle = 65°52' 31" to a 5/8" iron pin set for the West corner, same lying in the Southeast margin of Timon Blvd; THENCE, along the Southeast margin of said Timon Blvd., NORTH 47°19' 54" EAST 109.44 feet to the place of beginning containing 2.400 acres of land. VOSS AND VOSS ENGINEERING & LAND SURVEYING 5350 So. Staples, Suite 205 Corpus Christi, Texas 78411 512/993-0140 STATE OF TEXAS X Job No. 87-418 X X COUNTY OF NUECES X City of Corpus Christi, 5.616 Acres and 1.221 Acres Revision of 6.555 Acres Proposed Lease Area ALL that certain tract or parcel of land situated in Nueces County, Texas, a part of the Brooklyn Addition recorded in Volume A, Pages 30-32, Map Records of Nueces County, Texas, same lying within the corporate City Limits of Corpus Christi, Texas, sam being a part of those lands either conveyed or claimed to or by the City of Corpus Christi, Texas, and described by metes and bounds as follows, to -wit: 1.221 Acres BEGINNING at a 5/8 " iron pin set for the South corner, same being the west corner of Block 24 of said Brooklyn Addition, same lying in the northeast margin of Golden Street; THENCE, NORTH 58°31'19" WEST 189.50 feet along the northeast margin of said Golden Street to a 5/8" iron pin set for the West corner, same lying in the southeast margin of Timon Blvd; THENCE, along the southeast margin of Timon Blvd., along a curve to the Right with the following curve data: R=2958.49 feet, Lc= NORTH 37°07'40" EAST 301.46 feet, and central angle = 5°50'27" to a 5/8" iron pin set for the North corner, same lying in the southwest margin of Sandbar Street; THENCE, SOUTH 58°31'19" EAST 159.82 feet along the southwest margin of said Sandbar Street to a 5/8" iron pin set for the East corner, same being the north corner of said Block 24 of said Brooklyn Addition; THENCE, SOUTH 31°28'41" WEST 300.00 feet along the northwest boundary of said Block 24 of said Brooklyn Addition to the place of beginning containing 1.221 acres of land. 5.616 Acres BEGINNING at a 1" iron pipe found for the South corner, same being the South corner of Block 384 of the said Brooklyn Addition, same lying in the northeast margin of Sandbar Street and the Northwest margin of Gulfbreeze Blvd; THENCE, along the Northeast margin of said Sandbar Street, NORTH 58°31'19" WEST 430.15 feet to a 5/8" iron pin set for the West corner, same lying in the southeast margin of Timon Blvd; THENCE, along the southeast margin of Timon Blvd., along a curve to the Right with the following curve data: R=2958.49 feet, Lc= NORTH 43°37'20" EAST 247.44 feet_ and central anc,l = A°A7 " R7" 1 VOSS AND VOSS ENGINEERING & LAND SURVEYING Page 2 - 1.221 Acres and 5.616 Acres 5350 So. Staples, Suite 205 Corpus Christi, Texas 78411 512/993-0140 I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IB Condition Standard Land Survey. Dated this the ./D- day of 4 it G Gl s7" , 1987. 720-tuAd4. Ronald A. Voss Registered Public Surveyor No. 2293 VOSS AND VOSS ENGINEERING & LAND SURVEYING STATE OF TEXAS X X X COUNTY OF NUECES X 5350 So. Staples, Suite 205 Corpus Christi, Texas 78411 512/993-0140 Job No. 87-418 City of Corpus Christi 0.807 Acre -Proposed Lease Area ALL that certain tract or parcel of land situated in Nueces County, Texas, a part of the Brooklyn Addition recorded in Volume A, Pages 30-32, Map Records of Nueces County, Texas, same lying within the corporate City Limits of Corpus Christi, Texas, same being a part of those lands either conveyed or claimed to or by the City of Corpus Christi, Texas, and described by metes and bounds as follows, to -wit: 0.807 Acre BEGINNING at a 5/8" iron pin set for the East corner, same lying in the northwest margin of Surfside Street and the southwest margin of Sandbar Street, same lying NORTH 58°31'19" WEST 60.00 feet from the north corner of Block 24 of said Brooklyn Addition; THENCE, along the northwest margin of said Surfside Blvd., SOUTH 31°28'41" WEST 300.00 feet to a 5/8" iron pin set for the South corner, same lying in the northeast margin of Golden Street; THENCE, along the northeast margin of Golden Street, NORTH 58° 31'19" WEST 129.50 feet to a 5/8" iron pin set for the West corner, same lying in the southeast margin of Timon Blvd; THENCE, along the southeast margin of Timon Blvd., along a curve to the Right with the following curve data: R=2958.49 feet, Lc= NORTH 37°07'40" EAST 301.46 feet, and central angle = 5°50'27" to a 5/8" iron pin set for the North corner, same lying in the southwest margin of Sandbar Street; THENCE, along the southwest margin of Sandbar Street, SOUTH 58°31'19" EAST 99.82 feet to the place of beginning containing 0.807 acre of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IB Condition Standard Land Survey. -:. Dated this the //- day of 46-ds7- , 1987. Lcer--a41/,„, Ronald A. Voss Registered Public Surveyor No. 2293 Exai bi I X8" April 16, 19S7 City of Corpus Christi RE: Request for Proposal/March 1907 Publication Number 87-051 In response to the City of Corpus Christi's request for proposals for a public/private venture to lease acreage on the north end of Corpus Christi Beach for the development of a tourist/recreational facility, the undersigned present the following proposal and submit that (when rated by the cities criteria) the same constitutes the use of the applicable land. I. PROPOSAL: Build and operate a water theme park containing a number of swimming and other activity pools as well as curvilinear and straight flumed water slides extending from 48' towers and containing splash down terminus pools and or deceleration ramps at the end of the rides. Additional entertainment and necessary facilities will include ample sunning and picnic areas, volley ball nets, gift shop, arcades, roller skating rink, food concessions, lockers, showers and changing areas. The park will be open year around with heated swimming, concession, arcade, party pavilion and skating in the winter time. The water rides as well as the rest of the facilities in the park will be open from mid March (Spring Break) to the end of October. The site plan, elevations and preliminary plans of the structures and facilities are attached and marked accordingly. II. The project scheduled from the date_ of the anticipated/requested award of the proposal to the o;ending of the facility is as follows: C. C. WATERLAND CRITICAL PATH TO OPENING DAY TASK TO PERFORM TIME FRAME 1. Letter of Intent from City 31 May 1987 2. Completed Lease from City 31 July 1987 3. Surveys, Soil Tests, Arch. and Engineering Services 4. Order Slides 5. Building Permits 6. Site Work & Underground Utilities Oct. thru Nov. 7. Pool Construction Nov. thru Feb. 8. Foundations of Buildings and Slides Nov. thru Dec. 9. Construction of Slides Dec. thru Feb. 10. Construction of Buildings Dec. thru Feb. 11. Ordering of Equipment Dec. thru Feb. 12. Paving, Walks, and Play Areas Jan. thru Feb. 13. Landscaping and Fencing Feb. thru March 14. Preparation for Start -Up March 1 thru March 15 15. Opening Day March 15, 1938 Aug. thru Sept. 31 Sept. 1987 31 Sept. 1987 III. The cost estimate of the completed project is 1.5 million dollars itemized as follows: WATERLAND PROJECT BUDGET 1. Slides in place $ 435,000.00 2. Insurance $ 30,000.00 3. Start-Up/Employees, Supplies, Concessions, Water $ 50,000.00 4. Maintenance Start -Up $ 20,000.00 5. Reserve and Miscellaneous $ 35,000.00 6. Advertising and Promotional Start $ 50,000.00 7. Swimming Pools, Equipment and Decks $ 250,000.00 8. Signage $ 25,000.00 9. Landscaping $ 35,000.00 10. Outdoor Equipment/Tables, Benches, Umbrellas $ 30,000.00 11. A & E Fee 12. Other 13. Fencing 14. Equipment - Concessions and Office 15. Buildings and Site $ 25,000.00 $ 45,000.00 $ 20,000.00 $ 50,000.00 $ 400,000.00 $ 1,500,000.00 BUILDING AND SITE CONSTRUCTION BUDGET 1. Permits - Building, Plumbing, Electric 2. Grading and Drainage 3. Entry Plaza and Drive 4. Tickets, Gifts, Office 5. Dressing, Toilets, Lockers 6. Concession, Game, Toilets 7. Concession, Office, Toilets 8. Party Pavilion and Cover 9. Play Area and Sandbox 10. Outdoor Showers 11. walks and Kool-Deck 12. Service Drawers and Trash 13. Skate Slab 14. Electrical Service Site 15. Site Plumbing 16. Contingency 17. Overhead POOL CONSTRUCTION BUDGET 1. Main Pool, Activity Pool, Kids Pool, Spa, and Splash Pool 2. Slide Equipment 3. Pool Decks with Kopl Deck and Retaining Wall 4. Automatic Chlorine/Ozone Controllers 5. Ozonators 6. Swimming Pool and Spa Heaters 7. Equipment Enclosures $ 2,000.00 $ 10,000.00 $ 35,000.00 $ 40,000.00 $ 41,000.00 S 10,000.00 $ 50,000.00 $ 10,000.00 $ 50,000.00 $ 12,000.00 $ 10,000.00 $ 3,000.00 $ 30,000.00 S 10,000.00 $ 14,000.00 $ 15,000.00 $ - 10,000.00 $ 20,000.00 $ 28,000.00 $ 400,000.00 S 170,000.00 8,000.00 $ 35,000.00 $ 12,000.00 $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 250,000.00 IV. The park will be financed with 100% equity capital raised by a local private offering. A private offering circular is being prepared and will be given to investors who have expressed an interest in investing in the offering. Based upon current expressions of interest from investors, it is anticipated that 100% of the projected funds needed for the capital improvements will be subscribed prior to the commencement of construction. A key requirement for the private offering memorandum and the project proforma is the acquisition of the lease from the city. Without a signed lease or commitment from the city, promised investments cannot be realized. V. Corpus Christi Beach Park is a water related, residential and tourist area without a major compatible attraction or facility to spur the further development and use of the park by city residents and tourists. In years past, a significant amount of money has been spent by the city to improve the beach as well as similar investments by private hotels and condominiums. Despite these public and private investments on North Beach, Corpus Christi Beach Park has not yet realized its full potential. A water -theme park where the whole family can get some relief from the dog days of summer and enjoy swimming and playing in sparkling clean water is not only compatible with the public recreational and leisure time activities in the park and the projected State Aquarium, it is a must if the City of Corpus Christi is going to progress and attract tourists. VI. The attendance projections and patterns for a three year period are as reflected on the attached schedule. VII. The desired lease will be one consisting of an initial term of ten (10) years with a fixed option for an additional ten (10) years. The rent to be paid to the city on a semi-annual basis will consist of 3% of the gross receipts for each year in the primary term and 4% of the gross receipts :or the second ten (10) year term. The project will not be completed on time unless the city grants and conveys a lease to the undersigned by proper city authority no later than July 31, 1987, with a signed letter of intent/commitment regarding the grant of the lease to be received no later than May 31, 1987. In the grant of the lease, the city will also commit itself to spending budgeted city monies to improve surrounding access roads and parking for the municipal beach park. At the expiration of the second term of the lease, all of the capital improvements will be conveyed to the city. VIII. Standard city disclosure statement attached. IX. A number of insurance companies have been contacted by W.L. Dinn Insurance Company, the project's local insurance agent. Enclosed herewith is a letter from Lloyd Neal of W.L. DINN & CO. indicating the insurability of the project, etc. Indemnification protection for the city of any and all liability, loss, claims, demands and costs as a result of the construction of the park as well as the activities conducted in the park after construction on a year-round basis will be provided in the lease from the City. Respectfully submitted, `Robert C. Sinclair/ l/ _c /O / 7 (date) PATRICK J. SANJENIS ATTORNEY AT I_A\\' 111t' ALlla:lc':\N RAN1-: 11 AZA 'US GI IRISTI. TEN AS 78475 512-:::87-0777 May 4, 1987 Mr. Terry Dopson, Director . Park & Recreation Department City of Corpus Christi 302 S. Shoreline P. O. .Box 9277 Corpus Christi, Texas 78469-9277 Re: Water Theme Park Proposal Corpus Christi Beach/Winter Texan Addendum Dear Mr. Dopson: On May 4, 1987 at 12:30 the undersigned, Bob Sinclair.and :David Thomas:met in your office and discussed the proposal that we .submitted .in response.to the city's Request for. Proposals _along with its impact and accessability to our winter Texans. .You asked us to clarify and expand upon our position. with .regard to the park's attractions for our typical winter visitors.....In response to same and,. -to further expound. upon our original proposal; please be advised .that our park will offer the following..activities which are specifically designed for the winter Texan:_ .1. In_ addition to our large outdoor whirlpool spa,. our • pools will be .heated for continuous year-round swimming. 2. Our party pavilion, currently planned as -a 40' x 40' gazebo structure, will be enclosed in'the winter time with breakaway walls so that in the winterthe building will be available for meetings, bingo, 'movies, -small dances and/or parties. One of the park's concession buildings will be open for the preparation of food year-round. 4. We will offer six shuffle board courts, horse shoes and an outdoor skating rink.- Note: :'::The outdoor skating rink 'can be used for ice-skating with "+a temporary `roof *structure: ''The usage of the skating: -:area for this purpose will'be tried on'a limited basis and if demand keeps up will, become a permanent feature of the park. , In the off season as well as the regular :• season, tenior citizens,` 62 years oldor older, will be given a 500 '=discount off the regular admission price.: While the main components of the park will be in full use during the spring and summer months and will be frequented by greater amounts of children and young adults than any others, the undersigned, as well as the other promoters working with us, are committed to providing a year-round entertainment facility offering something for people of all ages. The above winter time facilities and amenities are only the beginning and certainly could be expanded if the park attracts the kind and volume of. usage that -we contemplate. PJS/ls Dopson.ltr cc: Robert Sinclair David Thomas Reid Sinclair Joe Hornblower Mannti Cummins Sincerely, • Patrick Sanjen • PATRICK J. SANJENIS JAMES S. VREELAND SANJENIS & VREELAND ATTORNEYS ANO COUNSELORS AT LAW 711 NORTH CARANCAHUA 1110 AMERICAN BANK PLAZA CORPUS CHRISTI, TEXAS 78475 May 15, 1987 Mr. Terry Dopson, Director Parks and Recreation Department City of Corpus Christi 302 S. Shoreline P. 0. Box 9277. ' Corpus Christi, Texas 78469-9277 Re: Water Theme Park Proposal Corpus Christi Beach/Winter Texan Addendum No. (2) Dear Mr. Dopson: In response.to our telephone conversation on May 14th -and in keeping with certain discussions that.I have had-with.my--partners please -be advised that in addition to the list of amenities and activities that we added to our original proposal in my May 4th letter to you •that . we have : decided to . expand upon our' planned parking to include additional space for an R.V.• parking and recreation area. At the current time our plans call-for.`a maximum of fifty (50) R.V. slots which would come complete with all of the amenities normally provided to R.V. park tenants. :If this feature is well received .then additonal spaces will be*provided. We. believe -that by expanding our parking facilities to include the necessary space- for. an R.V. park that we will encourage -winter texans to use our park's winter facilities while at the same time providing additional revenue from the rental of the R.V. slots. . AREA CODE 512 887-9777 HAND DELIVERED • • • If you ' have any questions with regards to this "latest, amendmentofour Water Theme Park Proposal, please do not hesitate to contact me.: . PUBLISHER'S AFFIDAVIT State of Texas, ] City of C C County of Nueces ] ss: Ad # 66744 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Dyval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricia. Nueces, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON AMENDING" J4 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 10th day of July 1998, and each day thereafter for zero consecutive day(s). one Times $ 57.40 Senior Accounting Clerk to before me this 13th day of July, 1988. Edna Koster Notary Public, ',eces County, Texas My commission expires on 11.30.88 19910 AND THORIZING THE EXECUTION Of AN AMENDED LEASE AGREE - FOR THE DEVELOPMENT OF liACH PUBLISHER'S AFFIDAVIT State of Texas, 3 City of Corpus Christi County of Nueces 1 ss: Ad # 68359 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that -she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refuio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON SECOND" of which the annexed is a true Copy, was publishPd in the Corpus Christi Caller -Times on the 5th day of June 1988, and each day thereafter for one consecutive day(s). one Times $ 58.80 S d a Senior Accounting Clerk Edna Koster Notary Public, N er'es County, Texas My commission expires on 11.30.88 e me this 13th day of June, 1988, -------:-----:---------.---- NOTCE Of PASSAGE OF ORDINANCE ON SECOND READING AMENDING ORDINANCE NO. 19010 AND AUTHORIZING THE EXECUTION OF AN AMENDED LEASE AGREE- ' MENT WITH SINSAN, INC., FOB THE DEVELOPMENT OF 9 A RECREATIONAL FACILITY - ON CORPUS CHRISTI BEACH for a tarro-of twenty years, with an option to extend for an additional- ten years; AND i PROVIDING FOR max*, TION. Sinsan, Inc. will pay to 4 the City of COtPUS Christ,* ' percentage of gross recepts.' beginning with the opening the Water Theme/RV Park and including any of the ten- ant's concessionaires, assignees or sublessees on,* t sliding scale as follows: 3% for first 7 years; 4% for the 8th through 12th years; 5% • for the 13th through 15th Years; and 7% for the last 5 years of the term. Rental shall not be less than-4E5;000W yo, Was passed and approved on second reading by the City Council of the Co of Corpus "Chded, Twills en,The 31st chi* of .o. hilay..11188 and the hilt text of said ordinance is available:, to the public in the Office of the CIO Secretary. /s/ Armando Chapa City Sscretary Corpus Christi, Texas- PUBLISHER'S AFFIDAVIT State of Texas, ] City of C C County of Nueces ] ss: Ad # 10551 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refuio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 29th day of May 1988, and each day thereafter for one consecutive day(s). one Times $ 58.80 iaQ Senior Accounting Clerk u ibed and wsn "fm e me this ist day of June, 1988, < Eugenia / ortez Notary Pualic, Nueces County, Texas My commission expires on 6.30.89 now UG1,y I...qp.. ...I myri NOT F ▪ AMnnE� DING 's ' d .. E NO 19910 •AND „AUTHORIZING THE EXECUTION OF AN ▪ AMNDED..:LEASE - AGREE MWr 'W.01 SINSAN INC ! FOX THEDEVELOPMENT OF A RECREATIONAL FACILITY e ON US CH TI BEACH for torch- of twenty year - with an option to extend ,:an addition& ten years: AND el • PROVIDING FOR ;PUBLICA- TION. Sinaan,Inc: will pay I. the,-Caty of C s Chutsti. percentage of groes receipts. ▪ beginning 1n S the w throu for the , years:- end. n of..: yam.. Wae paced' and a- • On first reading by the 'CbunCiiI at the City of .Corpus Christi, Te as on the 24th day of May, 1988 and the full text of said ordinance is, available: to thglic in the Office of the City retary. c Chapa Corpus Texas es