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Home My WebLink About022999 ORD - 07/22/1997AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE RESTAURANT LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND T -HEAD MARINA L.C., AUTHORIZED BY ORDINANCE NO. 022065; WHICH CLARIFIES THAT GOVERNMENTAL PROHIBITION OF A MARINE FUEL OPERATION WILL INCREASE THE RENT UNDER THIS LEASE TO THE GREATER OF $5,833 OR 3% OF GROSS SALES PER MONTH AND ALL OTHER DEFAULTS OF THE FUEL STATION LEASE WILL RESULT IN TERMINATION OF THIS LEASE; WHICH SETS THE DATE OF COMPLETION FOR IMPROVEMENTS, WHICH ARE PERMITTED ON APRIL 23,1997, AS DECEMBER 31,1997 AND REQUIRES COMPLETION OF OTHER IMPROVEMENTS WITHIN ONE YEAR OF PERMIT ISSUANCE; WHICH TERMINATES THE PENALTY FOR ARREARAGES ACCRUED ON OR BEFORE FEBRUARY 1,1997 ON DECEMBER 1,1996; WHICH REQUIRES LESSEE TO PROVIDE A TEMPORARY OFFICE FOR THE MARINA STAFF NO LATER THAN JULY 15, 1997; WHICH CLARIFIES THAT A DEFAULT UNDER THE FUEL STATION LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND MARINA FUEL & CHARTER BOAT COMPANY, L.C. IS ALSO A DEFAULT UNDER THIS RESTAURANT LEASE; AND WHICH MAKES OTHER RELATED CHANGES; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERANCE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute Amendment No. 1 to the Restaurant Lease between the City of Corpus Christi and T -Head Marina L.C., authorized by Ordinance No. 022065, which: a) clarifies that governmental prohibition of a marine fuel operation will increase the rent under this lease to the greater of $5,833 or 3% of gross sales per month and all other defaults of the fuel station lease will result in termination of this lease, b) sets the date of completion for improvements, which are permitted on April 23, 1997, as December 31, 1997 and requires completion of other improvements within one year of permit issuance, c) terminates the penalty for arrearages accrued on or before February 1, 1997 on December 1, 1996, d) requires lessee to provide a temporary office for the marina staff no later than May 15, 1997, AG\97\5000.226 Al ED 1 e) clarifies that a default under the fuel station lease between the City of Corpus Christi and Marina Fuel & Charter Boat Company, L.C. is also a default under this restaurant lease, and f) makes other related changes. 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. SECTION 3. 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. AG\97\5000.226 2 Th t the forego g ordinance was read for the first time and passed to its second reading on this the day of � , 1997, by the following vote: Loyd Neal \ Betty Jean Longoria Jaime Capelo John Longoria Melody Cooper&j, �h^ Edward A. Martin A Alex L.Garcia, Jr. fan J Dr. David McNichols &V Arnold Gonzales' the foregoing ordinance was read for the second time and passed finally on this the 4)YJday 1997, by the following vote: Loy. Neal (;( C3' Betty Jean Longoria Jaime Capelo John Longoria Melody Cooper! Edward A. Martin //�� Alex L. Garcia, Jr. ( (1 Dr. David McNichols (1 L:61IIP Arnold Gonzales PASSED AND APPROVED, this thgS day of ATTEST: Armando Chapa, City Secretary MAYOR �'i MAY THE CITY OF CORPUS CHRISTI 1997. APPROVED THIS /:L DAY OF , 1997: JAMES R. BRAY, JR., CITY ATTO Y By: (1.,d,071. 4.1thL.tifild Alison Gallaway, sistant City Attorn AG\97\5000.226 State of Texas County of Nueces } 1 PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 1475480 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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. 022999 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on 27TH tkav(s) of JULY. 1997. *1St Caller -Tines, Sunday. July 27, 1997 OF PAS$AOE OF rma sass — Vicee�resident and Chief Financial Officer $55.44 S.14r�ss'w b .x o. T o. 1 to IN ria urant lease between the City f Coitus Christi and T -head arina L.C., authorized by Or- inance No. 022065; which rifles that governmental pro- bition of a marine fuel oration will increase the rent nder this lease to the greeter $5,833 or 3% of gross sales r month and all other de- ults of the fuel station lease ill result in termination of this ase; which sets the date of mpletion tor improvements, ich are permitted on April 3, 1997, as December 31, 997 and requires completion f other improvements within ne year of permit issuance; hich. terminates the penalty r artearages accrued on or fore February 1,1997 on De - ember 1, 1996; which quires lessee to provide a mporary office for the manna tat no later than. July 15, 997; which clarifies that a de- ult under the fuel station ase between the City of Cor- s Christi and Marina Fuel & hector Boat Company, L.C. is so a default under this restau- nt lease; and which makes ther related changes; provid- g for publication; and roviding for severance. This rdinance was passed and ap- rovedon . Councilofd the it_bay Odea on Ire and.. jly As, 1907. VArrrrnde Chspa, aty Secretary C of ,us Christ) Subscribed and sworn to before me this 31ST day(s) of July. 1997. ill. ti f�J h' Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 1421491 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Duval, 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...T-HEAD MARINA L.C. which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on 29TH day(s) of JUNE lithp0v L4 o aaggq 1997. ONE (1) Time(s) $99.00 VO,o.�pPY Pligl0.,p s• S- 7.4- 260\ 11 111110i111141 lg 2,29c2011611 t1,01112111.1441 d d(714:18Edle2-1118- 6 Wfrgz3 4g-IsEdeglim-: at ddd mV2g51m3agm3St ra cS14:0f8l$:ii1015 sr o 15 s l Vice -President and Chief Financial Officer Subscribed and sworn to before me this 18TH day(s) of July. 1997. �l Biu Aa A� J e__ Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.