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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 0JRB0500.086 0 2 4 2 6 8 2 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: 0JRB0500.086 3 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 0JRB0500.086 024268