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