HomeMy WebLinkAbout021534 ORD - 12/15/1992i
AN ORDINANCE
AUTHORIZING EXECUTION OF A FIVE YEAR LEASE
TO WAYNE A. JOHNSON OF SUBMERGED LAND
ADJACENT TO LOT 2, BLOCK G, BROOKLYN
ADDITION FOR RESTAURANT PURPOSES FOR A RENT
OF ONE PERCENT OF MONTHLY GROSS REVENUES
OR $200 PER MONTH WHICHEVER IS GREATER;
TERMINATING A LEASE OF THE SAME PROPERTY,
AUTHORIZED BY CITY COUNCIL ON JUNE 26, 1990 BY
ORDINANCE NO. 20939, ON FEBRUARY 15, 1993; AND
PROVIDING FOR PUBLICATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a five-year
lease with Wayne A. Johnson of submerged land adjacent to Lot 2, Block G, Brooklyn
Addition, for restaurant purposes, for a rent of one (1%) percent of monthly gross revenues
or $200 per month, whichever is greater, as more fully described in the Lease, a substantial
copy of which is attached as Exhibit "A".
SECTION 2. That the Lease authorized by City Council on June 26, 1990 by
Ordinance No. 20939 terminate on February 15, 1993.
SECTION 3. Publication shall be made one time in the official publication of the
City of Corpus Christi by publishing the caption stating in substance the purpose of the
ordinance, this ordinance to become effective upon such publication.
AGS000.239.ajr
021534
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 Leo Evelyn Johnson, attorney-in-fact for Wayne A.
Johnson as Lessee, as of the date indicated below.
1. PROPERTY:
A. Lessor, subject to the terms and conditions 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
feet from
Exhibit 1.
area of submerged lands extending outward for ten (10)
the boundary lines of the
Property as set out in
This additional area shall not be considered to be a
part of the Property. The exclusive right to the use of such
additional area
and maintenance
Property. This
is granted to Lessee for purposes of access to
of the improvements presently existing on the
right of use shall be subject to all terms and
conditions of this Lease Agreement.
AG4000.001.ajr
2. TERM: The term of this lease shall be five (5) years,
commencing on February 15, 1993 and ending on February 14, 1998,
unless sooner terminated under the provisions of this Lease
Agreement. An existing lease on the Property authorized by City
Council on June 26, 1990 by Ordinance No. 20939 shall terminate
on February 15, 1993.
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 February 15, 1993 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
AG4000.001.ajr 2
gross revenues, Lessee shall include all receipts and payments
made in cash, by check, or by credit card, less applicable sales
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
AG4000.001.ajr 3
1
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.
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.
AG4000.001.ajr
4
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 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 settlement 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
the amount of the full replacement value of all buildings and
improvements, all such insurance to be in such amounts and
coverage as annually approved by the City Manager or designee.
AG4000.001.ajr
5
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;
(2) failure of Lessee to abate within a
reasonable time, any nuisance specified in writing by Lessor;
(3) 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.)
(4) abandonment of the Property;
(5) 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 understood and agreed that
Lessee may make renovations and repairs to the improvements and
AWN .001.ajr 6
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
are identical to the perimeter of
established in Exhibit 1 hereto
the improvements and structures
currently existing on the Property.
expand in
structures
other such
Lessee shall not enlarge
any manner the currently existing improvements
past their present perimeters except for awnings
or
or
or
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.
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
does not make a good faith effort to repair such damage,
shall demolish such damaged structures or improvements or
Lessee
Lessee
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.
A04000.001.ajr
7
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
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.
AG4000.001.ajr 8
1
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 party may
designate in writing:
TO LESSOR: City of Corpus Christi
City Hall
1201 Leopard
Corpus Christi, Texas 78401
Attention: Juan Garza, City Manager
TO LESSEE: Leo Evelyn Johnson attorney-in-fact
for Wayne A. Johnson
P. O. Box 3400
Corpus Christi, Texas 78463
17. PARTIES BOUND: This Lease Agreement shall be binding
upon and inure to the benefit of the parties hereto and their
respective heirs, administrators, legal representatives,
successors and assigns.
18. LEGAL CONSTRUCTION: In case any one or more of the
provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect,
this invalidity, illegality, or unenforceability shall not affect
any other provision of the lease, and this agreement shall be
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
AG4000.001.ajr 9
T T T
l
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.
EXECUTED in duplicate originals as of this day of
, 1993.
LESSOR:
ATTEST: CITY OF CORPUS CHRISTI
By: By:
Armando Chapa, City Secretary Juan Garza, City Manager
AG4000.001.ajr
10
LESSEE:
Leo Evelyn Johnson
as attorney-in-fact for
Wayne A. Johnson
1
APPROVED:
day of , 1993.
James R. Bray, City Attorney
By:
Alison Gallaway
Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES
This instrument was acknowledged before me on the day
of , 1993, 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 , 199 , by Leo Evelyn Johnson as attorney-
in-fact for Wayne A. Johnson.
AG4000.001.ajr
Notary Public, State of Texas
Type or Print Name of Notary
My Commission Expires:
11
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LEASE AREA
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BREAKWATER AV£.
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LEASE AREA
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That the foregoing ordinance was read for the first time and passed to its second readin this
the /k3 day of . i if XII 01 , 19 , , by the following vote: *
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
That the f regoing or
this the,' day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
7,1
Ali
ance was. read {or thc second time and passed to its third reading on
}(,L( YV1(0,0(A , 19 in , by the following vote:
Edward A. Martin
Joe McComb
j: y9
LI) r
1.11Dr. David McNichols tin
ry
Betty Jean Longoria Lt 1 •
Clif Moss
Mary Pat Slavik
That forego g ordinance was read for the third time and passed finally on this the
day of ( )..Q LC 11 �k1Qi' , 19 ii 1 , by the following vote:
Mary Rhodes 1114
l Edward A. Martin
Cezar Galindo I - Joe McComb
Leo Guerrero (LC( 1f -n: Dr. David McNichols
Betty Jean Longoria Clif Moss
Mary Pat Slavik
PASSED AND APPROVED, this the / 5 day of ,/,--f LI /}l ii.) Q-�
A r T:
City Secretary
,19��.
MAY
THE C
APPROVED: x(') DAY OF C (Jo 1;2 t , 199a:
JAMES R. BRAY, JR., CITY ATTORNEY
B}
044
Assistant City Attorney
021534
OF CORPUS CHRISTI
e naels Olivel/ea, Tate.
REGISTERED PROFESSIONAL SURVEYOR
3700 AYERS STREET -CORPUS CHRISTI, TEXAS 78415 -PHONE 883-7588
Field notes for a 0.081 acre (3540.0 square feet) tract of sub-
merged land in Corpus Christi Bay out of State Survey No. 803,
patented to the City of Corpus Christi, Texas by the State of
Texas in January 14, 1924 and recorded in Volume 21A, No. 86.
General Land Office, Austin, Texas, and located east of and
adjacent to Lot 2, Block G, Brooklyn Addition as shown by map
of record in Volume A, Page 30, Nueces County, Texas Map Rec-
ords, said 0.081 acre tract of land being more particularly
described by metes and bounds as follows;
Beginning at a 1 inch iron pipe in the most westerly corner
of said Lot 2, the intersection of the southeast right of way
line of North Shoreline Boulevard and the northeast right of
way line of Pearl Street; Thence S. 58° 00' E., with the south-
west boundary line of said Lot 2, a distance of 103.9 feet to
its southeast corner thereof in the east shoreline of said Lot
2; Thence in a Northeasterly direction with the said shoreline,
a distance of 0.10 feet to a noint for the most westerly and
beginning corner of the tract herein described;
Thence continuing in a Northeasterly direction with the meanders
of said shoreline, a distance of 47.25 feet to a noint, the
most northerly corner of the tract herein described, and being
southwest 2.65 feet from the most easterly corner of said Lot
2;
Thence S. 58° 21' 19" E., a distance of 73.1 feet to a point
for the most easterly corner of the tract herein described;
Thence S. 31° 38' 41" W., a distance of 18.50 feet to a point
for an interior corner of the tract herein described;
Thence S. 58° 21' 19" E., a distance of 8.50 feet to a point
for a corner of the tract herein described;
1 11 TO
dial -am -so of 5.70 feet to a point
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #57326
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 ORDIANACE ON FIRST READING AUTHORIZING
EXECUTION OF A FIVE YEAR LEASE TO WAYNE A. JOHNSON which the
annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 15th day of November, 1992.
One Time(s)
$ 60.90
Business Office// Secreta
y
Subscribed and sworn to before me this 27th
of November , 1992.
Notary Public, Public, Nueces County, Texas
NOTICE OP�„ SAGE
II �IRST: 1Q�ING J
WAY'AUTHORIZING eECUTITO
OFA NEE YE TO
;.>:;.,u.} &, OF
1s CENT TO LOT 2, BLOCK G.
BROKLYNFOR
day RESTTAURANTDDITIPURPOSES
FOR A RENT OF ONE PER-
CENT OF MONTHLY GROSS
REVENUES OR $200 PER
MONTH WHICHEVER IS
GREATER: TERMINATING A
LEASE OF THE SAME PROP-
ERTY, AUTHORIZED BY CITY
COUNCIL ON JUNE 26, 1990
BY ORDINANCE NO. 20839,
ON FEBRUARY 15. 1993;.
AND PROVIDING FOR PUBLI-
CATION. THE TERM OF THE
LEASE IS FOR FIVE YEARS
WITH THE LESSEE PAYING
THE CITY ONE PERCENT OF
MONTHLY GROSS REVE-
NUES OR 5200 PER MONTH
WHICHEVER IS GREATER
FOR THE PURPOSE OF A
RESTAURANT.
A copy of the lease is on
file in the City
Secretary's office.
The ordinance was passed
and approved on first
reading by the City Coundl of
} the City of Corpus Christi,
Texas on the 10th day
of November. 1992.
/s/ Amine Chops
City iisysery
City of Corpus Oat
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: AD# 43557
PO #
Before me, the undersigned, a Notary Public, this day personally
came Connie Haraison, who being first duly sworn, according to
law, says that she is Business Office Administrative Assistance
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. 021534 AUTHORIZING
EXECUTION which the annexed is a true copy, was published in the
Corpus Christi Caller -Times on the 20th day of December, 1992.
One Time(s)
$ 58.00
`6I&cam
Business Office Administrative Assistant
Subscribed and sworn to before me this 5th day
of January , 1993.
Notar Publ' , Nueces County, Te s
NOTICE • OF
ORDINA21534
AUT XECUTKIN
L0T 2, BLACK 8.
• BIpDIG.YN ADDITION f'dl c
FEBOBNETTA REIT Or=
AURANT
CENT OF MONTHLY GROSS
REVENUES OR 9200 PER
MONTH WHICHEVER IS
;
GREATERSAA
LEASER1AR; TIE TE SAME
PROP-
ERTY, AUTHORIZED SY CITY
COUNCIL ON JUNE 28, 1990
BY ORDINANCE NO. 20939,
ON FEBRUARY 15, 1993;
AND PROVIDING FOR PUBLI-
CATION. THE TERM OF THE
LEASE IS FOR FIVE YEARS
WITH THE LEASEE PAYING
THE CITY ONE PERCENT OF
MONTHLY GROSS REVE-
NUES ORPER M
WHICHEVE= 1 200 6 G
R
E
ATEER
R
FOR THE PURPOSE OF A
RESTAURANT.
A copy of the leen is on file
In the City Secretary's office.
The ordinance was paced
and approved an third reeding
by the City Council of the City
of Corpus Christi, Texas on
the 15th dsp of December,
1992.„amigortg_y