HomeMy WebLinkAbout020939 ORD - 06/26/1990AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT OF SUBMERGED LAND ADJACENT TO AND ABUTTING
THE PRESENT SHORELINE OF LOT 2, BLOCK G, BROOKLYN
ADDITION FOR FIVE YEARS TO WAYNE A. JOHNSON.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City manager is hereby authorized to
execute a lease agreement of certain submerged lands adjacent to
and abutting the present shoreline of Lot 2, Block G, Brooklyn
Addition to the City of Corpus Christi for five years to Wayne A.
Johnson, as said lands are described in and in accordance with
the terms and conditions described in the Lease Agreement, a
substantial copy of which is attached hereto as Exhibit A and
incorporated herein for all purposes.
SECTION 2. If for any reason any section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance
shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other
section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance for it is the definite intent of this
City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect
for its purpose.
ATTEST:
City Secretary M&yor
THE CITY OF CORPUS CHRISTI
APPROVED:
CR)5f DAY OF
HAL GEO'AT RNEY
BY
Assistant City torney
90058
. 1990
1
20939
MICROFILMED
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between
the City of Corpus Christi, Texas, a Municipal Corporation, as
Lessor, and Wayne A. Johnson, as Lessee, as of the date indi-
cated below.
1. PROPERTY: A. Lessor, subject to the terms and condi-
tions of this Lease Agreement, does hereby lease and demise to
Lessee certain real property and any improvements thereon (the
"Property"), located in Corpus Christi, Nueces County, Texas,
described generally as being an area of submerged land adjacent
to and abutting the present shoreline of Lot 2, Block G,
Brooklyn Addition to the City of Corpus Christi, said submerged
lands being specifically described by metes and bounds in Exhibit
1, attached hereto and incorporated by reference.
B. In addition to the Property as described herein, Lessor
grants to Lessee the exclusive use of and access to an additional
area of submerged lands extending outward for ten (10) feet from
the boundary lines of the Property as set out in Exhibit 1. This
additional area shall not be considered to be a part of the
Property. The exclusive right to the use of such additional area
is granted to Lessee for purposes of access to and maintenance of
the improvements presently existing on the Property. This right
of use shall be subject to all terms and conditions of this Lease
Agreement.
\AT\5003001.AGR.gsp 1
2. TERM: The term of this lease shall be five (5) years,
commencing on November 1, 1990 and ending on October 31, 1995,
unless sooner terminated under the provisions of this Lease
Agreement. Lessee has the right of access to the Property prior
to November 1, 1990, for purposes of preparing the site.
3. USE: The Property shall be used for the sole purpose
of conducting and carrying on a restaurant business and for the
sale and consumption of food, beverages, and all other articles
of merchandise usually vended or sold from such establishments
and which are customarily sold in establishments of similar
character in the City of Corpus Christi, Texas.
4. RENT: Lessee agrees to pay to Lessor as rent for the
use and occupancy of the Property a sum equal to one percent (1%)
of the monthly gross revenues of such restaurant business.
Provided, however, that the minimum rent payable under this Lease
shall be Two Hundred Dollars ($200.00) per month. Such gross
revenues shall be calculated monthly and rental based thereon
shall be payable on or before the 10th day of the following
month. Rentals shall commence on November 1, 1990 and continue
throughout the term of the lease. Monthly rental payments shall
be payable to the City of Corpus Christi and mailed or delivered
to the Finance Department, City Hall, 1201 Leopard Street, Corpus
Christi, Texas, unless Lessee receives written notice from Lessor
to make rental payments to some other location. In computing
gross revenues, Lessee shall include all receipts and payments
made in cash, by check, or by credit card, less applicable sales
\AT\5003001.AGR.gsp 2
taxes and taxes payable to the Texas Alcoholic Beverage
Commission, if any. Discounts paid on credit card sales shall
not be deducted from gross revenues for the purpose of
calculating monthly rental payments.
5. CONDITION: A. Lessee agrees to accept possession of
the Property in its present condition and to allow for changes in
such condition which may occur by erosion, migration, accretion,
meander or other change of the shoreline of Corpus Christi Bay
during the term of this Lease.
B. Lessor does not warrant or insure the structural
integrity of any pilings, buildings, structures or improvements
on the Property. Lessee specifically waives any and all claims
against Lessor for any expenses, damages, loss of use or economic
loss due to the interruption or cessation of business operations
caused by any subsidence, loss of subsurface support, erosion,
migration, meander or other change of the shoreline of Corpus
Christi Bay during the term of this Lease.
6. COMPLIANCE: A. Lessee agrees that it will promptly
comply with and fulfill all requirements of all ordinances,
regulations, and codes of federal, state, county, city and other
governmental agencies applicable to the Property, and all
ordinances or regulations imposed by the City for the correction,
prevention and abatement of nuisances or code violations in or
connected with the Property during the term of this Lease, at
Lessee's sole expense and cost.
\AT\5003001.AGR.gsp 3
B. It is specifically agreed that Lessee shall comply with
all zoning and building ordinances and regulations which apply to
the Property and the restaurant business to be operated thereon.
Neither the lease of the Property by Lessor to Lessee nor any
provision of this Lease shall be construed as a waiver of any
City ordinances or regulations.
C. It is specifically agreed that if any permit of any type
is required by the United States Corps of Engineers or any other
federal agency or entity at any time, Lessee shall obtain such
permit and comply with its terms. If Lessee is unable to or
fails to obtain and comply with any such permit, this Lease
Agreement shall terminate thirty (30) days after written notice
by Lessor to Lessee of termination of this lease under this
provision.
7. ASSIGNMENT: Lessor consents to the assignment or
subletting of the Property to Elmo Jackson or an entity
controlled by him for the use provided herein. Lessee shall not
otherwise assign this Lease nor sublet the Property or any part
thereof without the consent of the City in writing, which consent
shall not be unreasonably withheld.
8. INDEMNIFICATION: A. Lessee shall fully indemnify, save
and hold harmless Lessor, its officers, employees, and agents
against any and all liability, damage, loss, claims, demands and
actions of any nature whatsoever on account of personal injuries
(including, without limitation of the foregoing, premises
defects, workers compensation, and death claims), or property
\AT\5003001.AGR.gsp 4
loss or damage of any kind whatsoever, which arise out of or are
in any manner connected with, or are claimed to arise out of or
be in any way connected with, the performance by Lessee of its
obligations under this Lease or Lessee's use, operation or
occupancy of the Property. Lessee shall at its own expense
investigate all such claims and demands, attend to their settle-
ment or other disposition, defend all actions based thereon and
pay all charges of attorneys and all other costs and expenses of
any kind arising from any such liability, damage, loss, claims,
demands, and actions.
B. Lessee shall obtain and maintain throughout the term of
this lease liability insurance covering all activities to be
conducted on the Property, workers' compensation insurance on its
employees, and property insurance to the extent available in
amount of the full replacement value of all buildings
improvements, all such insurance to be
in such amounts
the
and
and
coverage as annually approved by the City Manager or designee.
During any construction periods, contractors shall also carry
insurance coverage.
9. DEFAULT: A. Upon thirty days prior written notice to
Lessee, the City may, at its option, in addition to any other
remedy or right hereunder or by law, terminate this Lease upon
occurrence of any of the following conditions or defaults,
provided that Lessee has not cured the Default prior to
expiration of such thirty day period:
(1)
failure of Lessee to comply with the use provisions of
this Lease Agreement, as set out in Section 3 above;
\AT\5003001.AGR.gsp 5
failure of Lessee to abate within a reasonable time,
any nuisance specified in writing by Lessor;
assignment by Lessee of this Lease or subletting of the
Property, or any attempted assignment or subletting,
without prior written consent of Lessor; (except as
otherwise allowed pursuant to Section 7 above.)
abandonment of the Property;
failure of Lessee to timely cure any other breach in
the performance or observance of any other covenant or
condition of this Lease.
(6) Failure of Lessee to timely make rental payments.
B. No assent, express or implied, by Lessor to any breach
by Lessee of any of the covenants, agreements, conditions or
terms hereof shall be deemed or taken to be a waiver of any
succeeding breach of any covenant, agreement, condition or term
hereof.
10. ADDITIONAL IMPROVEMENTS: A. It is specifically under-
stood and agreed that Lessee may make renovations and repairs to
the improvements and structures currently existing on the
Property and the lands adjacent thereto. It is also understood
and agreed that the boundary lines of the Property as established
in Exhibit 1 hereto are identical to the perimeter of the
improvements and structures currently existing on the Property.
Lessee shall not enlarge or expand in any manner the currently
existing improvements or structures past their present perimeters
except for awnings or other such overhanging appurtenances.
Provided, however, that Lessee may expand or enlarge such
improvements or structures onto lands adjacent to the west
boundary (the shoreline) of the Property.
\AT\5003001.AGR.gsp 6
B. If at any time the structures or improvements located on
the Property are damaged by fire, windstorm or any other casualty
to the extent that such structures or improvements do not meet
all applicable City codes and ordinances, and Lessee does not
make a good faith effort to repair such damage, Lessee shall
demolish such damaged structures or improvements or remove all
debris from the Property. In the event of such damage, if Lessee
has not demolished or removed such damaged structures or
improvements prior to the date of termination of this lease,
Lessor shall accomplish such demolition and Lessee agrees to
reimburse Lessor for the cost of such demolition.
C. Lessee shall promptly pay all ad valorem taxes assessed
against the Property and all structures and improvements located
thereon.
11. CHANGES: No changes or modifications to this Lease
shall be made, nor any provision waived, unless such change,
modification or waiver is made in writing and signed by a person
authorized to sign agreements on behalf of each party.
12. LESSEE'S RIGHT OF TERMINATION: Lessee shall have the
right to terminate this Lease by giving Lessor sixty (60) days
prior written notice of the date of termination.
13. OWNERSHIP: Upon expiration of this Lease, upon
termination hereof for any reason, all buildings, improvements,
and fixtures on the Property shall be promptly removed by Lessee
within ninety days or shall become the property of Lessor.
14. RELATIONSHIP: It is specifically agreed and understood
that the parties intend and do hereby create a landlord/tenant
\AT\5003001.AGR.gsp 7
relationship, and this Lease 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 any relationship other than that of
landlord/tenant.
15. PUBLICATION: Lessee agrees to pay the costs of news-
paper publication of this Lease and related ordinance as required
by the City Charter.
16. NOTICES: All notices, demands or requests relating
to this Lease Agreement shall be delivered or mailed to the
following addresses or such other address as either
designate in writing:
TO LESSOR: City of Corpus Christi
City Hall
1201 Leopard
Corpus Christi, Texas 78401
Attention: Juan Garza
City Manager
TO LESSEE:
Wayne A. Johnson
P. O. Box 3400
Corpus Christi, Texas 78463
17. PARTIES BOUND: This Lease Agreement
upon and inure to the benefit of the parties
respective heirs, administrators, legal
successors and assigns.
18. LEGAL CONSTRUCTION:
party may
shall be binding
hereto and their
representatives,
In case any one or more of the
provisions contained in this Agreement shall for any reason be
held
this
to be invalid, illegal, or unenforceable in any respect,
invalidity, illegality, or unenforceability shall not affect
any other provision of the lease, and this agreement shall be
\AT\5003001.AGR.gsp 8
construed as if the invalid, illegal, or unenforceable provision
had never been contained in the lease.
19. PRIOR AGREEMENTS: This agreement constitutes the sole
and only agreement of the parties to this Lease and supersedes
any prior understandings or written or oral agreements between
the parties respecting the subject matter of the lease.
20. RIGHTS AND REMEDIES CUMULATIVE: The rights and
remedies provided by this Lease Agreement are cumulative, and the
use of any one right or remedy by either party shall not preclude
or waive its right to use any or all other remedies. The rights
and remedies provided in this lease are given in addition to any
other rights the parties may have by law, statute, ordinance, or
otherwise.
21. ATTORNEY'S FEES AND COSTS: If, as a result of a breach
of this agreement by either party, the other party employs an
attorney or attorneys to enforce its rights under this lease,
then the breaching party agrees to pay the other party the
reasonable attorney's fees and costs incurred to enforce the
lease.
\AT\5003001.AGR.gsp 9
EXECUTED in duplicate originals as of this day of
, 1990.
LESSOR:
ATTEST: CITY OF CORPUS CHRISTI
By:
By:
Armando Chapa Juan Garza
City Secretary City Manager
LESSEE:
APPROVED:
day of , 1990.
Hal George, City Attorney
By:
Assistant City Attorney
\AT\5003001.AGR.gsp 10
Wayne A. Johnson
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the day
of , 1990, by Juan Garza, City Manager of the City
of Corpus Christi, Texas.
Notary Public, State of Texas
Type or Print Name of Notary
My commission Expires:
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day
of , 1990, by Wayne A. Johnson.
Notary Public, State of Texas
Type or Print Name of Notary
My Commission Expires:
\AT\5003001.AGR.gsp 11
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nat the foregoing ordinance was read for the first time and passes
its .
'(second reading on this _the' c,; day of n;1Qt�
19:-_x, by the following vote:
Betty N. Turner (���D) (0Edward A. Martin
Cezar Galindo(• Joe McComb
Leo Guerrero ak j,1jl i i% Clif Moss 111, ,
Tom Hunt (�_ 1 < t1).,!'1 Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was read_,fpr the secon� time and passed
to is third reading on this the OL"r day of mit
19tri) , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
at/ ,
adot
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
(t-ey
That the foregoing ordinance was ad for the third tim and passed
finally on this the c_9(0 day of -kJ�. , 19 (47) , by the
following vote: //�j�� //{(�
Betty N. Turner all_ Edward A. Martin LUG''
Cezar Galindo ((}} Joe McCombe
Leo Guerrero (LL Clif Moss 4i%,
Tom Hunt
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Mary Rhodes a/t,y
Frank Schwing, Jr. Ct/r,
PASSED AND APPROVED, this the _1._ day of Lit
ATTEST.
City Secretary
APPROVED:
DAY OF
, 19:
HAL GEORGE, CITY ATTORNEY
By
Assistant City Attorney
044
, 19 `76
A
THE CITY OF CORPUS CHRISTI
20929
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NOTICE OF PASSAGE
OF ORDINANCE ON
FIRST READING
AUTHORIZING THE CITY
MANAGER TO EXECUTE A
- LEASE AGREEMENT OF SUB-
MERGED LAND ADJACENT
TOAND ABUTTING THE
PRESENT SHORELINE OF LOT
' 2. BLOCK G, BROOKLYN AD-
DITION FOR FIVE YEARS TO
WAYNE A. JOHNSON who
r will subbase the property to a
third party for operation of a
restaurant emth remuneration
to the Cay to be one percem
11%) of the monthly gross
revenues, of the restaurant
With a minimum rent
of $200 per month
A copy of the hull text ui
the or
is available to
the public at no charge a the
urine of the Ory Secretary
the ordlaance was passed
and approved on first reading
by the City Council of the City
of Corpus Christi, Texas on
the 22nd day of May. 1990.
is/ Armando Chapa
City Secretary
City of Corpus Omen
NOTICE or PASSAGE
OF ORDINANCE ON
SECOND READING
AUTHORIZING THE CITI
MANAGER TO EXECUTE A
LEASE AGREEMENT OF THE
SUBMERGED LAND ADJA-
CENT TO AND ABUTTING
e THE PRESENT SHORELINE OF
• LOT 2 BLOCK G, BROOKLYN
g ADDITION FOR FIVE YEARS
[I TO WAYNE A. JOHNSON
o who will sublease the proper -
y ty to a third party for
)9 operation of a restaurant with
remuneration to the City to be
N one percent (1%I of the
,r monthly gross revenues of
d the restaurant with a mini-
_ mum rent of $200 per month.
A copy of the full tem of
the ordinance is available to
the public at no charge in the
I' office of the City Secretary.
The ordinance was passed
;-; and approved on secon
d reading dy the City Council o
ne ,.
the ,ty of Corpus Christi
he Texas on the 29th day o
u May, 1990.
vitt /s/ Armando Cha
mt City Secrete
_ City of Corpus Chri
LEASE AGREEMENTA
MERGED LAND OFSUR-
TO AND TDJACTHE
PRESENT SHORELINE F LOT
2.BLOCK G. BROOKLYN AD-
Di
TION FOR FIVE YEARS TO
WAYNE A. JOHNSON whc
will sublease the property to
third party for operation of
restaurant with remuneration
toe the City to be one per-
cent (1%) of Vie monthly
gross revenues of the
restplrant with a minimum
rent of $200 per month.
A copy of the full text t
the ordinance is available t
the public at no charge in th
office of the City Secretary.
The ordinance was passe
and approved on third readinr
by the City Council of the Cit
of Corpus Christi, Texas o
the 26th day of June, 1990.
/3/ Armando Chapa
City Secretary
City ..f Corvus Christ