HomeMy WebLinkAbout024268 ORD - 10/31/2000AN ORDINANCE
APPROVING ASSIGNMENT OF THE "FIRST AMENDED LEASE
BETWEEN T-HEAD MARINA, L.C., ON THE LAWRENCE STREET T-
HEAD AND THE CITY OF CORPUS CHRISTI - RESTAURANT/PATIO
BAR" (ORDINANCE NO. 022999) AND THE "FIRST AMENDED LEASE
BETWEEN MARINA FUEL & CHARTER BOAT COMPANY, L.C., ON THE
LAWRENCE STREET T-HEAD AND THE CITY OF CORPUS CHRISTI -
FUEL STATION" (ORDINANCE NO. 022998) TO LANDRY'S CRAB
SHACK, INC.; AND DECLARING AN EMERGENCY.
WHEREAS, on July 22, 1997, the City Council approved, by Ordinance No. 022999, the
"First Amended Lease Between T-Head Marina, L.C., On The Lawrence Street T-Head And The
City Of Corpus Christi - Restaurant/Patio Bar" (the "Restaurant Lease") and also approved on that
date, by Ordinance No. 022998, the "First Amended Lease Between Marina Fuel & Charter Boat
Company, L.C., On The Lawrence Street T-Head And The City Of Corpus Christi - Fuel Station"
(the "Fuel Station Lease"), and said leases were duly executed and presently remain in effect in good
standing, without default; and
WHEREAS, the lessee of the Restaurant Lease, T-Head Marina, L.C., a limited liability
company under the Texas Limited Liability Company Act ("T-Head"), T-Head's authorized
sublessee Lighthouse Bar & Grill, Inc. ("Lighthouse"), and the lessee of the Fuel Station Lease,
Marina Fuel & Charter Boat Company, L.C. ("Marina Fuel"), a limited liability company under the
Texas Limited Liability Company Act, have requested that the City Council approve assignment of
their respective leases to Landry's Crab Shack, Inc. CLandry's"), and Landry's joins said request;
and
WHEREAS, Section 13 of the Restaurant Lease, Section 13 of the Fuel Station Lease, and
Article IX, Section 4 of the Corpus Christi City Charter require approval by the City of Corpus
Cbxisti of the requested assignments, which approval shall not be unreasonably withheld.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The assignment of the Restaurant Lease by T~Head and Lighthouse to
Landry's is hereby approved; provided that all terms and conditions of the Restaurant Lease shall
remain in full force and effect and Landry's shall assume full responsibility for T-Head's obligations
thereunder.
SECTION 2. The assignment of the Fuel Station Lease by Marina Fuel to Landry's, subject
to exercise of Landry's option to purchase said facility, is hereby approved; provided that all terms
and conditions of the Fuel Station Lease shall remain in full force and effect and, subject to exercise
of Landry's option to purchase said facility, Landry's shall assume full responsibility for Marina
Fuel's obligations thereunder.
SECTION 3. With respect to the Restaurant Lease, the City acknowledges cancellation of
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the sublease from T-Head to Lighthouse.
SECTION 4. The City acknowledges that Landry's intends to close the Restaurant in order
to remodel and renovate the Restaurant into a "Joe' s Crab Shack Restaurant," and hereby approves
closure of said Restaurant for a period not to exceed five months (unless unavoidably exceeded due
to inclement weather, Acts of God, or permit/license delays); provided that all signage, renovation,
and architectural changes shall remain subject to City approvals as required under the Restaurant
Lease, the Fuel Station Lease, and applicable law; provided further, that during said closure Landry's
shall continue to pay rent pursuant to Section 5 of the Restaurant Lease and, subject to exercise of
the option, Section 5 of the Fuel Station Lease and shall be subject to all other terms and conditions
of the Restaurant Lease and, subject to exercise of Landry's option to purchase said facility, the Fuel
Station Lease.
SECTION 5. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action necessary for the
efficient and effective administration of City affairs, such finding of an emergency is made and
declared requiring suspension of the Charter role as to consideration and voting upon ordinances at
ATTEST:
City Secretary
MayorSa~m~d T(e City of{o~
APPROVED THIS THE ~) DAY OF
James R. Bray, Jr., City Attorney
2000:
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TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
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