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HomeMy WebLinkAbout028822 ORD - 10/26/2010ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TEN (10) YEAR LEASE WITH FORESIGHT CORPUS CHRISTI GOLF, L.L.C. WITH OPTIONS TO RENEW AN ADDITIONAL TEN (10) YEAR TERM, AND THEN AN ADDITIONAL FIVE (5) YEAR TERM, FOR THE USE OF GABE LOZANO SR. GOLF COURSE, OSO BEACH GOLF COURSE, AND ASSOCIATED EQUIPMENT, FOR ANNUAL RENTAL PAYMENTS OF ONE- HALF OF NET CASH FLOW FROM OPERATIONS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a ten (10) year lease with Foresight Corpus Christi Golf, L.L.C. with options to renew for an additional ten (10) year term, and then an additional five (5) year term, for the use of Gabe Lozano, Sr. Golf Course, Oso Beach Golf Course, and associated equipment, in consideration of annual rental payments of one-half of net cash flow from operations. A copy of the contract shall be filed with the City Secretary. SECTION 2. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. 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. This contract takes effect on the 61st day following City Council approval. 028822 H:1LEG-DIR\Lisa12010 Ordinance\10 year golf course leasev2.doc INDEXED That the foregoing ordjn reading on this the + Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick ce was read for ®the first time and passed to its second day of , 2010, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott That the fregoing ordinance was read for the second time and passed finally on this the 46 ` day of Qelp , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney /41 Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the 4 -Clay of ATTEST: Armando Chapa City Secretary APPROVED as to form: By: , 2010. 71;742-111.6 Joe Ada r e Mayor .t� . 24, t ( Lisa Aguil fssistant City Attorney for the City Attorney 08822 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5953665 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE , 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, Kle.berg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 31ST DAY OF OCTOBER, 2010. $116.69. LEGAL SALES REPRESENTIVE On thisr day of i41 -al 2 certify that the attached document opy ma• !by publisher. is a true and an exaqf r , (Notary Public, State of Texas CALLER -TIMES tt Octob r31, 2010 <c,11E NOTICE DF'• PASSAGE OF Oft DINANC,E NO. ' 0 81322 Authorizing the City 'Manager -or his de= signee toexecute. a. ten (10) iyear lease wlth Forestght Cor-` pus Christi Golf, LLC with options to renew: for an additional •;ten then an ;additional five (5) year term;' for 'the; use.or Gabe Lo- zano, .Sr.'001f Course and Oso.Beach Goif '.Course,associated equipmm&arit, for annu- al rental,payrnents of one half;of..net .cash flow from;: operations Thls ord. yeas, ppassed & approved by..the; City Council on+its second:readng' on' Octotier.26, 2010.;'.' Is/Armando Chapa, City Secretary