Loading...
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 HH BRE A IC WAT ER AYE. 2 ,trcr .d5 04 riDN C 9 2 1 [: 0 J rl 0 Q 0 N LI - CC R N • BRIDGEPORT AVER w 0 0 N BREAKWATER AVE. 2 5 3 PEARL ST. L L_ I- At \ co I I I I iL co i jc LEASE AREA N w H 5H\Fi ettO 1'200' II .• J 7 6 6 J • J C J I / BREAKWATER AVE. 2 5 3 PEARL ST. L L_ I- At \ co I I I I iL co i jc LEASE AREA N w H 5H\Fi ettO 1'200' 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 (*7 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 1-1 3 .. 11:1I rir:11 } -n 3r a,_ ; In /22=»72 3 It 7 \ - IiiI 9.I 3 CI (x }\/})(3 3 )\ 7=,x.7:z,= -: „ v „ m $%\-.2-Wi 7 ,_ --ul / \\\\fl -1)m /\G\\ rl \7\®\ rn 1 w2 0 /-0 1 +J.+ L -n j • ri19 11 0 0 H ?CI ID `' 7' 0 ID 0 0 gi 10 ID n if n.r M ip 1-t ro in ar rt. 7-1 ID a • -jCIflED P.! in M. 0.0 !--1 ar 7 al I-, 0 -e:. n ID ID D CD ID —I:i Di C.-. rur-tcc-wIDiti D • i-.4• F...• z z a ID ID 0 I., • Ifi -r m tri 0. D 0 .< -a 0 n 1 I 1--• O 0 0 n FT - 3 1.1 [n0 •ID D 10 I" _0 7 7 n E*111 H n fl 71 7 73 0 1.0 a ID rt 11.4 1.11 af cy D Lth 1.7. I "'" rt 9 rt. — rt • 1,7) fal n • I 'nmtaLo a p 1-i 2r no 0 !"--; • , 0 0 I -I 0 a r! !D 11 1-4 0 D n 0n 9 r.". ID 7 iii - -----7—i. !j: I' ".-. d-- i - 2, 7 1 c .. _Tc> 11' 17D 1.--' '-cr. o i 11 111 .5.• 7 ., al - • il .I --! n7' o L.-- L co ID I r -n 1-1-. -, tn 0 0 .., ri ..-- i in iri -n ,a. (D° .L::: I rTIC .it• ...U1 c:: r& rt -3 n W m i„.., . 0 1..1 DJ Ft • til i --, ili ID ft1 7' i --t n 7' ,..0 1/40 ._E 1,-., D D .- 0 ID l'r-p5 a 0 F.:• 7 0 0 a !xi in 7.1 7 [1_1 '4.. ...1 0 .- 0 1-, 151 — ID 0 !-: • 0153 t I-;15174 -13 . n-:;-7 rtffl 1_,C . 0 i -i• 0 1 Ir., 0 ID 0 11.1 01 1510 1,_,'..-, 7 7 n i :--, ri --. 0 I-{ i'ci ci- i.0 ;E.'? 0'-• ili :I 2 a, ci 1 !II _ 0 0 ii; I - !--- :: 0 i- Ci 0 1.1i ! 1 T) rt 111 R ID co n rt m -hi t! Z 03 • >.: n a, 111 10 10 1.11 40 I-1 .Ip 00 rr 0a a - rt 73 17,1 ID F 7 ti r< a 3 Aa N ti WI- r i. III m iv I'D rl ._.. o it ,-•n "T 1.7 y 7D UI ?'m fJ Irtti m' 3 r? n - m m W rt -0 it a.' a - a i- 7' C N w IY N m 21 7 1-'1.0 r. 0 1-1- ID Tm I- CI a7 , v r' xt 0 3< W m ID N ,_. it rt r ru v m m 7 m ID 0 0. 3 --0 0 0 7 N N a. 7 G . ID I W N ' ID r 0 0 0 n T rr - J, \" rt ? j i- 0 0 3. '] v� ri n 0 m =l D P-. r 'O 0 �a n. 0 a • H !4 r!2�y-]-n$-I 1-'C r r Cr.r _11 • ##y f1 r Nr ,t3 rrNrrF:.q, I -C V m Y. F,. .. n D • RI ,. £ 11 N 0 Ili O r •'Y I n m 7.10 r' m �+. f-: N. ID rt CT C n 3 a. Ti i:; ,--"I7 a is l a W V O ru . - m r' '- 7 II D m < < I -'x °0'0rCo 1-a o t7 M T n q, D 1 Li _ m N rr' 7 m 0 0£ Cr 0 ^., 7 t. 0 1--' 0 m NT 7 i-'. = • N C rt 7 ncr H ^J 9.3 ri N m - Cn I-' r..'rJ -.m 0 ti rtH • N y, !D m 7 I. I n _r 0 O n a m I-. - O N • . a E'er rt C a a arSINT �+ 0 cr 0 0 `f G LT 7. :'.a'C1 :a d rt ,--m 7 r r CI cmrN - �.0 m 7 m nw N m rf 0 ' Lc) 3 a •'• !L .s 9.1 7 m 7 II 17 - i-.: ,p r o o RI i -- in - _-:. 0 C _ N .< r .- 3 ,-: a vm rltl<n 3 K 7 N a a 13 0 rJ] O rt. ✓ ark rtrt ID t ID 0 -h ti Z. N m x. n 9, mul 0 ti s 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