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Home My WebLink About021481 ORD - 09/15/19921 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT OF SUBLEASE FOR RESTAURANT AND COCKTAIL LOUNGE AT CORPUS CHRISTI INTERNATIONAL AIRPORT WITH HIDDEN HARBOR ASSOCIATES AND EXTENDING THE TERM OF SAID SUBLEASE FROM JULY 31, 1992 TO JULY 31, 1997; AND PROVIDING FOR PUBLICATION. 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 an amendment of sublease for restaurant and cocktail lounge at Corpus Christi International Airport with Hidden Harbor Associates and extending the term of said sublease from July 31, 1992 to July 31, 1997, all as more fully set forth in the Amendment of Sublease, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AG5000.182.ajr 021481 MICRQEJ►,MEU AMENDMENT OF SUBLEASE FOR RESTAURANT AND COCKTAIL LOUNGE CORPUS CHRISTI INTERNATIONAL AIRPORT THE STATE OF TEXAS § COUNTY OF NUECES WHEREAS, by Ordinance No. 17114, passed and approved by City Council on July 7, 1982, the City of Corpus Christi ("City") approved a suhlease with Hidden Harbor Associates, a Texas general partnership ("Sublessee") to operate a restaurant at Corpus Christi International Airport ("Airport"); WHEREAS, by Ordinance No. 17448, passed and approved by City Council on January 26, 1983, the City approved a suhlease with Suhlessee and Sparkling City Enterprises, Inc. to operate a cocktail lounge at the Airport and in a portion thereof; WHEREAS, pursuant to the terms of the said Subleases, Suhlessee has an option to renew for an additional five (5) year term subject to readjustment of rental fees and charges; WHEREAS, Suhlessee has given notice of the exercise of said option and the parties thereto have agreed on the readjustment thereto and desire to memorialize the same by this Renewal and Extension Amendment; and NOW, THEREFORE, in consideration of the premises and for and in consideration of the charges, fees, rentals, covenants, and agreements contained herein, the parties do hereby agree as follows: Section 1.01 of Article 1 is hereby amended to read as follows: AGono.ota 92kp �x��:L, 4 1 T r Section 1.01 - Term. The term of said Sublease is hereby extended from July 31, 1992, to July 31, 1997, unless sooner terminated as set out herein. 11. Section 3.01 of Article 3 is hereby amended to read as follows: Section 3.01 - Percentage Rentals. Sublessee agrees to pay rent under this Lease in a sum to be determined by applying the following percentages to its gross receipts as defined in Section 3.04, for each of the specified categories: Category Percentage Rent (1) On gross receipts derived each month 9.5% from all food and non-alcoholic beverages, including vending machines belonging to Sublessee, but not vending machines referred to in (3) below: (2) On gross receipts derived each 12% month from all alcoholic heverages: (3) On commission derived each month 50% from Sublessee's operation of vending machines not belonging to Suhlessee: Section 7.02 B of Article 7 is hereby amended to read as follows: 13. In the event the City shall elect to remodel the airport terminal in a manner that will require the expansion and/or relocation of the restaurant and/or cocktail lounge, and/or the total renovation thereof at any time after July 31, AGO110.01092kp 2 1994, Suhlessee agrees, upon sixty (60) clays written notice to Sublessee by City that: The City may put the restaurant and cocktail lounge and vending operations covered by the Sublease out for hid proposals for a new sublessee for any beginning date after July 31, 1994, and Sublessee shall have an equal opportunity to bid. ii. Suhlessee will cooperate with the City in modified interim operations of the restaurant and cocktail lounge during periods of construction of any new restaurant and cocktail lounge so that portions of the Leased Premises may he appropriately incorporated into the new facilities in order to continue to offer restaurant and cocktail lounge services to the public during construction in the hest manner feasible under the circumstances. iii. In the event Sublessee is not the successful kidder, the City will give Suhlessee forty-five (45) days written notice of when the new sublessee will begin operations and this Suhlease will terminate on the date noticed. IV. Section 7.03 is hereby amended to read as follows: Section 7.03 - Reimbursement Upon Cancellation Upon cancellation of this Lease Agreement by the City pursuant to Section 7.02, or by Sublessee pursuant to Section 7.01 (4), the City shall promptly reimburse Sublessee, in full, less any amounts due the City from Sublessee, for the unamortized value of all leasehold improvements installed pursuant to a schedule of improvements and costs which has the Director of Aviation's prior written approval for amortization pursuant to the provisions of the Internal Revenue Code. Payment of amounts so computed shall be made by the City or the City shall guarantee Suhlessee of such payment by establishing an obligation for such payment as a prerequisite in any contract or lease for the operation of the Leased Premises, and facilities by any tenant other than Suhlessee. Upon such payment by the City, title to said furniture, furnishings, fixtures, and equipment shall vest in the City, and Sublessee shall have no further rights or title to the leasehold improvements, or to said furniture, furnishings, fixtures. and equipment. Ac0110.010.92tr 3 All other terms and conditions of the Subleases approved by Ordinance Nos. 17114 and 17448 as amended by the terms of this instrument remain in full force and effect and are hereby extended to July 31, 1997. EXECUTED IN TRIPLICATE on this\‘4 \ day of w��a ATTEST: HIDDEN HARBOR ASSOCIATES Su , ssee , 1992. SPARKLING CITY ENTERPRISES, INC. Armando Chapa, City Secretary Juan Garza, City Manager APPROVED AS TO FORM THIS )9 DAY OF JAMES R. BRAY JR., CITY ATTORNEY (.610* Cutlawa4 Assistant Cty Attorney By: Aaot to.oto.92kp 4 , 1992 That the foregoing ordinance wa read for the first time and passed to its second reading the 1 I day of LUC3L , , 19 (1 Z- , by the following vote: 7 Edward A. Martin A Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik (Ley That the pregoing ordinace was read for the second time and passed to its third reading on this the day of ,VI �lkSt , 19 ell , by the following vote: Mary Rhodes UUSit--Edward A. Martin 14- /� Cezar Galindo Joe McComb G�je, d Leo Guerrero Dr. David McNichols Betty Jean Longoria Clif Moss Mary Pat Slavik That the Qfore oing,ordinance was read for the third time and passed finally on this the day of � �+ I\ ('1 �, ,191 i , by the following vote: Mary Rhodes , Cezar Galindo Leo Guerrero Betty Jean Longoria PASSED AND APPROVED, this the IG Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik day off_191I l' ti.,„ MAYOR r THE`CFPY OF CORPUS CHRISTI APPROVED: I? DAY OF, A, , 19`) : JAMES R. BRAY, JR., CITY ATTORNEY By 4 CuL. n)L 4j,,,,,„ Assistant City Attorney 044 021481 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI Ad #39218 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is Business Office Secretary 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, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 23rd day of August, 1992. One Time(s) $60.90 Y22 r _&24 /./'6 Business Off t e Secre'.ry Subscribed and sworn to before me this 3rd day of September, 1992. Notary Public, Nueces County, Texas My commission expires on 4-24-93 . KATHERINE L. URBANEK Notary Public State of Texas My Comrb. Exp. 4-24-93 90 :6 kiv G a,S 06 014440,_,W03 PgatO OPutWy /1/ PttpoMou^o0 0P 9111. 0000;AtsonOJel 7QmddaeUIPSJ W1enrPaoAWuo sexes 3 uo ' Nal t4l buy 'WtpOJU up 4o*OyN of 4osW 4Oua$aatPlgORna£n 115:neW oflogoopt ipBt WdtotJW ItoJeUO3itPOlp flt1 W 01 paw": t1w Icsu OweuotM twnpatw OUlp��yn 90lp140111 'tietunt9 of -10400N-uou put pool IN WOJ4 ' Poai!4JWW4819 PtAPtp BWSL Pt0"JHalo lode ml A'YM Q1 is ' mint nris Vu 40 iN3WON3Wr NY 40 NO11 -1103X3 3141 ONRIyoNlllr ONIOV3104333,9 NO 33NYN/ 30VSSrd 40 30110311 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI Ad #42327 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is a Business Office Secretary 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, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 16th day of August, 1992. One Time(s) $ 59.45 Business Office ecretary 12/ Subscribed and sworn to before me this 27th day of August, 1992. cis:'--tc-: L. , (,Cte_C 41..e. A Notary Public, Nueces Texas W"v'> KATHERINE L URBANEK Notary Public State of MXPS My Comm Exp. a-2493 NOTICE O 18ASSAGE OF OR- Tei DINANCfEg EXECU- TIONZINO THE ON FIRST READING 5A9: L TNOOF AMEN AMENDMENT Sch OF FOR 9ESTA1); ngh RAry A r . CKTAIL. bid: • r r • gill "Ig6Yu rar. : ma} p, eo ) and o SOCIATES AND EXTENDING bidgi et THE TERM OF SAID SUB- I he LEASE FROM JULY 31, 1992 Sea s. TO JULY 31, 1987; rent for by — property shad be determined mu asof (lows: (1) 9.5% an gross Hee Ureceipts derived (tech month foo II from all food and non -alcohol- sch Mo is beverages, 'Mahican pace ed- vend' xp machines belonging -the aa: to Subl6sass, but not vending :50 machines referred to in (3); (2) Morl sti, 12% on gross receipts de- as ) 00 rived each month from all 10, I 28, alcoholic beverages; and (3) 199 will 50% on commission derived g;,,� each month from Sublessee's mus the operation of ,arinding ms- than ce. chines not belonging to 1: Se' Sublessee.ted A copy of the lease is on t )so file in the City orr ves Secretary's office. mitt 1981 The ordinance was passed echo and approved on first ces reading by the City %Mated of Acti IM the City of Corp.., ti, Ice Texas on the 1 MwMh;;a,_i. and of August, 1993 - md /s/ Agrusds Cbape antary lLis City,* hnsti s 3 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI Ad #40834 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is Business Office Secretary 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, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021481 AUTHORIZING THE EXECUTION OF AN AMENDMENT OF SUBLEASE FOR RESTAURANT AND COCKTAIL LOUNGE AT CORPUS CHRISTI INTERNATIONAL AIRPORT which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 20th day of September, 1992. One Time(s) $ 62.35 -176 Business Office Secret' Subscribed and sworn to before me this 5th day of October , 1992. r Public, N es County, y Texas BXIA KOSTER r Writ* yy.a rW.�.w.t99t filefl E OF PASSAGE OF ORDINANCE NO. 021481 AUTHORIZING THE EXECU- TION OF AN AMENDMENT OF SU5L5ASE Ff R RESTAU- RANT' ANO COCKTAIL LOUNGE AT CORPUS CHRIS- TI INTERNATIONAL AIRPORT WITH HIDDEN HARBOR AS- SOCIATES AND EXTENDING THE TERM OF SAID SUB- LEASE FROM JULY 31, 1992 TO JULY 31, 1997; AND PROVIDING FOR PUBLICA- TION, ram for property shall be determined as follows: (1) 9.5% on goes receipts de- rived each month from all food and nonalcoholic bever- ages, Including vending machines belonging to Sub- lessee, ublessee, but not vending machines referred to In (3); (2) 12% on gross receipts de- rived bMM- Sanasli ea�etttal191 *it ...- - ta sesliy... saw ttet bleeding to Sublimes. A copy of the lease is on file in the City Secretary's office. The ordinance was passed and approved on third reading by the City Council of the City of Corpus Christi, Texas on the 15 day of September, 1992. /s/ Amend* Chops City y City of CCosa Chris uiti