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Home My WebLink About024290 ORD - 11/21/2000 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE "FUEL STATION LEASE TERMINATION AND RELOCATION AGREEMENT FOR THE MARINA FUEL & CHARTER BOA T COMPANY, L.C. FUEL STATION ON THE LAWRENCE STREET T-HEAD"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute the "Fuel Station Lease Termination and Relocation Agreement for the Marina Fuel & Charter Boat Company, L.C. Fuel Station on the Lawrence Street T-Head"; a substantial copy of which is attached hereto and incorporated herein for all purposes. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (I) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter. rule that requires consideration of and voting upon ordinances at two regular meetings so th~th~ ordina ce is passed an takes effect upon first reading as an emergency measure this the I day of 000. ATTEST: THE CITY OF CORPUS CHRISTI ~,~~ Samuel L. N a, Jr., Mayor Armando Chapa, City Secre ry Legal form approved J~"e-bo<:.r 2. L, 2000; James R. Bray, Jr., City Attorney By: Meredith, Assistant City Attomey 024290 BmordOO.128 2 Corpus Christi, Texas _al~~ayofJlo~ooo 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, Samuel L. Neal, Jr., Mayor City of Corpus Christi 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 BmordOQ.128 024290 FUEL STATION LEASE TERMINATION AND RELOCATION AGREEMENT FOR THE MARINA FUEL & CHARTER BOAT COMPANY, L.C. FUEL STATION ON THE LAWRENCE STREET T -HEAD This Agreement is between the City of Corpus Christi, a Texas home-rule municipal corporation, located in Nueces County, Texas ("City"), Marina Fuel & Charter Boat Company, L.e. a limited liability company under the Texas Limited Liability Company Act ("Marina Fuel"), whose principal office and place of business is in Corpus Christi, Nueces County, Texas, and Landry's Crab Shack, Inc. ("Landry's"). Recitals The City and Marina Fuel previously entered into the "Lease between Marina Fuel & Charter Boat Company, L.C., on the Lawrence Street T-Head and the City of Corpus Christi - Fuel Station" pursuant to Ordinance No. 022066 of the Corpus Christi City Council on October 14,1994 and the "First Amended Lease Between Marina Fuel & Charter Boat Company, L.C., on the Lawrence Strcet T-Head and the City of Corpus Christi - Fuel Station" pursuant to Ordinance No 022998 of the Corpus Christi City Council on July 22, 1997 (collectively hereinafter referred to as the "Fuei Station Lease"). The City and the Marina Fuel now mutually desire to terminate the Fuel Station Lease. The City desires to assume ownership of the Fuel Station and assume responsibility for its operation and maintenance. Landry's has been granted by the City an assignment of the "Lease Between T -Head Marina, L.e., on the Lawrence Street T-Head and the City of Corpus Christi - Restaurant/Patio Bar" and First Amendment thereto ("Restaurant Lease") which is related through termination provisions to the Fuel Station Lease. Landry's has agreed to finance the costs associated with Landry's requested relocation of the Fuel Station and the wastewater facilities from the Lawrence Street T-Head to the Cooper's Alley L-Head. Landry's has agreed to make current all delinquent amounts owed by Fuel Station to Kapalua Southwest Fuel Services. Agreement In consideration for the mutual covenants and conditions contained herein City, Marina Fuel, and Landry's agree as follows: 1. The Fuel Station Lease is hereby terminated. In accordance with Section 3 of 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, upon termination of the Lease, "City will own BDMlOO\2730.15 I 2000-500 11/21/00 Ord. 024290 Marina Fuel & Charter all permanent improvements constructed on the Premises". City hereby takes title to all permanent improvements, including fixtures, constructed at the LaWTence Street T-Head. Marina Fuel represents and warrants that it owns all permanent improvements, without encumbrances, including fixtures, save and except the fuel tanks. 2. Landry's shall immediately pay to City Ten Thousand Dollars ($10,000) for part of the cost of relocating the Fuel Station to the Cooper's Alley L-Head. Landry's agrees to ensure that the City receive a lien free Fuel Station and agrees to, as applicable, pay all delinquent amounts owed by Marina Fuel to Kapalua Southwest Fuel Services, amounting to approximately Sixteen Thousand Dollars ($16,000). If any monies remain from said disposition of the Sixteen Thousand Dollars ($16,000), said monies shall be used at the joint direction of the City and Landry's. This paragraph is only for the benefit of the City and Landry's and is not for the benefit of Kapalua Southwest Fuel Services or any other party. 3. IfCity and Landry's do not mutually find a suitable replacement tenant/operator to handle the relocation expense of the Fuel Station and provide adequate Fuel Station services as a tenant to the City then City may, at its sole option at any time within three months from the effective date of this Agreement, require Landry's to advance up to Forty Four Thousand Dollars ($44,000) for additional costs of relocating the Fuel Station and wastewater facilities. Should City exercise this option, Landry's shall be entitled to recoup said amount advanced at an annual percentage rate of interest of Five and One Half Percent (5-1/2%), such recoupment to occur solely by withholding part of the amount of monthly rental owed to the City under the Restaurant Lease calculated as the prorata amount over thirty six months necessary to retire the advance. Relocation costs shall generally include but not be limited to those items listed in Exhibit "A" attached hereto for review purposes, and may be incurred directly by the City or through its contractor or lessee. 4. It is expressly stipulated that the Fuel Station Lease is being terminated upon mutual agreement of Marina Fuel and the City, and is not being terminated under Section 22 or 31 of the Fuel Station Lease; consequently Section 33 of the Fuel Station Lease and Section 33 of the Restaurant Lease do not apply. 5. It is agreed and understood that despite the agreed termination of the Fuel Lease, Marina Fuel remains responsible for all requirements of Section 28 UST Clean-Uo, ofthe Fuel Station Lease to the extent that they have not been complied with. In addition, Marina Fuel agrees that the requirements of Section 15 Indemnitv, of the Fuel Station Lease remain effective with respect to events that may have occurred prior to the effective date of this Agreement. 6. It is acknowledged that the existing three fuel pumps remain the property of Marina Fuel. City shall have use of said pumps until relocation of the Fuel Station, at no cost to the City. Upon relocation, Marina Fuel shall remove said pumps from the Marina. 7. The City Manager is delegated the authority to negotiate alternatives to the provisions of this Agreement equally favorable to the City. BDMIOOl2730 15 2 .-.......... 8. Entirety Clause. This instrument and all exhibits annexed hereto contain the entire and only agreement between the parties regarding the termination of the Fuel Station Lease as described herein, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect. ~EREOF, the parties have executed this Agreement this ~Of 2000. ATTEST: ~~ THE CITY OF CORPUS CHRISTI lir- o e K. Noe Deputy City Manager Armando Chapa City Secretary Legal form approved Now ....~.r '2 'i James R. Bray, JR. City Attorney ,2000 Qr~L_Q.2.:L:li!fd..l,(J,IlU~'~.1 ~ ~fiC'L._l ~ -- (}n --- ~ SF:C';;AI/~ By: ~-;3 a.,./~~ Bryn Meredith Assistant City Attorney Marina Fuel & Charter Boat Company, L.C. Hy. ~jJ/kq-~/ v William O. Harrison Jr. r Member Landry's Crab Shack, Inc. a subsidiary of Landry's Seafood Restaurants, Inc. By:~I-\lC~ Name: ~--\tv~ L... Jt k;.~.1 V.f, Title: BDMI0012730.15 3 ~ Exhibit A T-Head Punch List: I. Crane time removal of tanks 2. Demo tank containment section 3. Demo dockside containment section 4. Demo street side gasoline pad 5. Remove buried electrical 6. Remove buried plumbing 7. Concrete and re-pave area demolished 8. Remove concrete, dispose to recycling area 9. Remove dirt from area demolished 10. Backhoe charges II. Dumpster charges 12. Haul off lumber from demolished building L-Head Punch List I. Containment adequate to hold fuel tanks 2. Roof covering to house tanks from elements 3. Concrete containment for dispensers/dockside 4. Concrete containment for dispensers/street side 5. New POS dispenser (3) /turnkey 6. One 20x20 portable building 7. Plumbing/electrical/sewage hookup for building 8. Central air unit for building 9. Landscape as per City Ordinance 10. Set tanks/crane time II. Plumbing for fuel tanks 12. Electrical for fuel tanks 13. Remove bilge pump to L-Head 14. Plumbing for bilge pump 15. Electrical for bilge pump 16. Furniture for building 17. Office equipment for building 18. Backhoe charges 19. Haul off dirt from excavation 20. Dumpster charges BDMIOO\2730 15 4