Loading...
HomeMy WebLinkAbout05793 ORD - 06/22/1960BWS:BB :6 -6 -60 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND THE UNION NEWS COMPANY, A DIVISION OF THE MERICAN NEWS COMPANY, COVERING THE RESTAURANT FACILITIES AT THE NEW INTERNATIONAL AIRPORT, A �r COPY OF SAID ASSIGNMENT AGREEMENT,BEING ATTACHED - I HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS 1 :(\\ CHRISTI, TEXAS: I SECTION 1. THAT THE CITY MANAGER 1S HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND THE UNION NEWS COMPANY, A DIVISION OF THE AMERICAN NEWS COMPANY, COVERING THE RESTAURANT FACILITIES AT THE NEW INTERNATIONAL AIRPORT, A COPY OF SAID ASSIGNMENT AGREEMENT 15 ATTACHED HERETO AND MADE A PART HEREOF FOR ALL INTENTS AND PURPOSES AS IF COPIED VERBATIM HEREIN. THE CITY MANAGER IS INSTRUCTED, HOWEVER, TO ACCEPT AND APPROVE THE AFORESAID ASSIGNMENT AGREEMENT ON OR AFTER THE DATE THAT THE CITY EXECUTES A LEASE AGREEMENT WITH THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, FOR THE LEASING BY THE CITY TO THE SAID BANK OF THE LEASE PLOTS ON THE NEW INTERNATIONAL AIRPORT SITE 50 THAT THE ACCEPTANCE AND APPROVAL BY THE CITY OF SAID ASSIGNMENT AGREEMENT SHALL BE DONE CONTEMPORANEOUSLY WITH THE LEASING OF SAID AIRPORT LANDS TO THE AFORESAID BANK, AND THE ASSIGNMENT BY SAID BANK TO THE UNION NEWS COMPANY. 5793 BWS:bb;5-18-60 , . , ASSIGNMENT OF LEASE RESTAURANT CORPUS CHRISTI INTEWAT/ONAL AIRPORT THE STATE 0! TEXAS - COUNTY OF NUECES I This agreementmadeioy'and between the Corpus Christi Bank & Trust Company,-Trustee,-,bereinafter referred to as Assign- or, and the Union News Company, a Division'of the American News Company, a corporation organ14.4d and existing under the Laws of Delaware - the State ofaxxAkrAx, with principal offices located at 131 Varick Street, New,York City, New York,bereinafter referred to as Assignee, WITNESSETH: WHEREAS, the Assignor herein, the Corpus Christi Bank _ & Trust Company, Trustee, has, by agreement with the City of Corpus Christi, legally 'become the Lessor of certain lands, lease sites, and those portions, of the Terminal Building designated for restaurantfacilities, located within the site of the new Corpus Christi International Airport, Nueces County, Texas, and WHEREAS, the aforesaid agreement,between the Corpus _Christi Bank & Trust Company, Trustee, and the City of Corpus Christi, was duly and legally approved by the qualified voters at an election held on August 29, 1959, and WHEREAS, ,the City, of Corpus Christi proposes to maintain and operate the new international airport as a public airport and all uses incident thereto, for the benefit of the,pnblic, and - tREREAS, Assignee proposes to engage, directly or through a Sub-Assignee, in the restaurant business, as hereinafter- -t defined, at the new Corpus Christi InternationalAirport, and WHEREAS, Assignor deems it advantageous to assign unto _ Atsignee that certain portion of the Terminal Building designated for restaurant facilities, described hereinafter, together with '7f WS:bb;5 -18 -60 those privileges, rights, uses and interests incident thereto, as hereinafter set out, and WHEREAS, Assignee desires to obtain and avail itself o2 said area, or portion of said Terminal Building, as hereinafter described, and of those privileges, rights, use and interests incident thereto, as hereinafter set out NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES and for and in consideration of the charges, fees, rentals, covenants and agreements contained herein, the parties hereto do hereby agree as follows: ART CLEI ,DESCRIPTION OF ASSIGNED SPACE Assignor does hereby assign unto Assignee, subject to all o2 the terms. conditions and covenants of this agreement, the - area within the Terminal Building at the new Corpus Christi Inter- national Airport designed for and set sside for restaurant uses, Including the kitchen, rest rooms, storage rooms, eo2fee shop and dining room areas, all within the area as shown on the attached drawing marked "Exhibit A`' and as outlined therein. Said "Exhibit AO' is attached hereto and made a part hereof for all Intents and purposes as if copied verbatim herein. ARTICLE II PRIVILEGES, RIGHTS. USES AND INTERESTS In addition to the privileges, rights, uses and inter- ests attaching to the assigned premises by virtue of the assign- ment, the following uses, rights and interests are hereby agreed upon by and between the parties: A. USE OF ASSIGNED,PREMISES. Assignee shall use the premises herein assigned for the operation of a firs: class res- taurant as herein defined, B. DEFINITION. First Class Restaurant" shall be defined and construed as the normal usage of said words imply - 2 - ri$:bu: J-ib-OW • 'and shall include the business of preparing -and selling food, drink and other incidental items and services in connection therewith to the public. Said business shall be conducted with in the assigned premises as shown on the aforesaid "Exhibit - except as-otherwise mentioned herein, with appropriate counter or coffee shop and dining'room facilities. G. GENERAL PRIVILEGES, RIGATS, USES AND INTERESTS. 1, In addition to the assigned premises, as described in the aforesaid "Fachibit A ", Assignee shall have the right of access, Ingress and egrese to and from such apace and , auch building, by Assignee and Assignee's employees, agents, servants, suppliers, servicemen, business visitors, licensees, guests, patrons and - invitees. Such access, ingress and egress shall be in common with others And shall be subject to,the rea- aonable.regulations and controller safety reasons by the Airport Manager. 2. to addition to the,aasigned_epace,-as shown on the aforesaid "Exhibit A "', Assignee shall have the right to use the tunnel which leads from the service court to the base - went, and the right to use the stairway from the basement to the assigned space, but it is- specifically understood that the.right- to use the tunnel shall be in common with others, eo authori:.ed,' and the - employees of the city of Corpus Christi. '3'- Assignee shall have the right to use the service_court and the loading and unloading ramp immediately ad- jacent to the tunnel, which usage shall be in common with others. - Aasignee -may from time to time have the right to use other public areas of the airport, provided that Assignee shall seek the per- mission of the Airport Manager and shall abide by all reasonable- rules and regulation, of the'Asaignor and the Airport Manager in connection with the use of such other pubic areas on the airport. BWS:bb:5 -18 -60 - 4. Assignee shall have the right to use the waste dieposel building' and facilities for cleaning garbage cane and other garbage handling equipment, which building and facili- ties is located on the northwest edge of the main airline apron. Tha- use of such building and facilities shall be in common with others. 5. Assignee shall have the right to place and - erect signs-and advertising material within the assigned premises at'Assignee ` s- discretion, so long -as said signs and advertising materials are in- keeping with the - general -decor of the Terminal Building. - Provided, however, that all signs and advertising ma serials which require bolting or fastening into the walls, ceiling or structural part of the Terminal Building.ehall be first sub- mitted to the Airport Manager for approval prior to the installa- tion thereof.. Assignee shall further be entitled to place and erect signs and advertising material at other locations on the airport to advertise its restaurant business and to indicate the location thereof, provided that the size and shape of euch.signs and advertising material shall conform to the general appearance - of the airport and building.- thereon, -and provided that written . permission is first obtained from the Airport Manager prior to the installation of -such signs and materials. D. PRIVILEGES, RIGHT4 USES AND INTERESTS EXCLUDED. It.is specifically agreed and stipulated that the fol- lowing concessions, privileges, rights and use. are excluded and that Assignee shr+il not-have the right to engage or avail itself of said.concessions, privileges, rights and usee_un1eas Assignee shall happen -to enter into another assignment or agreement with - Aseignor granting one or more of said concessions. The excluded concesaions,-privilegee, rights, uses and interests are as follows, to -wit: 1. Ground transportation for hire. 2. Western Union. 3. Automobile rental service, 4. News and sundry sales. 5. Advertising concessions. 6. Barber, valet and personal services.' 7. sales of aviation parts, products and sup- plies normally offered for sale by hangar lease operators. 8. The operation of food and /or drink dispensing machines at any location on the airport, other than within the assigned space. 9. - Aircraft food catering, which includes all aircraft using the airport. ARTICLE III. TERM. This assigament'and agreement shall be fora period of- five (5) years, subject-to the right of termination hereinafter ' provided. The term shall commence on the 1 S tt day of A.D. 1960, and shall terminate - five -(5) years from said date. At the end of the_said five (5) year period, Assignee shall -have an option to retain the premises for an- additional five (5) year period, upon the same terms and conditions as herein set out, pro-- vided Asaigoee shall notify the City of Corpus Christi in writing at least six (6)- months prior to'the end. of the aforesaid five - (5) year primary term that Assignee wishes to exercise its op- tions rovided, hownvar, that- -upon xaceipt -of- said- notice in writing fr Assignee, the City of Corpus Ghridti shall have a period of sixtydays in which to notify Aesignee that the City wishes to renegotiate the rentals. If the City wishes to renegotiate the rentals on a basie different from the rentals set out herein, then the City shall notify the Assignee in writing within said sixty (60) day period and the additional'"five (5) year option period shell be subject to a satisfactory - agreement as-to - the - rentals.- - = -_- ARTICLE IV, RENTALS Assignee agrees to pay, and Assignor and /or the City of Corpus Christi agrees to accept, as rental and in consideration - 5 - of the privileges, rights,' uses and interests herein assigned, eight (8%) percent of the gross income, as hereinafter defined, from the operation Of Assignee's aforesaid restaurant business, or a minimum guaranteed rental of Five Thousand ($5,000.00) Dol- lars per year, whichever is greater. - Assignee agrees to pay the aforesaid eight-(87) percent'of , the gross income on ,a monthly' basis, with an accounting to be made-at the end of each year to determine whether or not eight (8%) percent of the gross income- exceed' the Five Thousand ($5,000.00) Dollar minimum annual guar- antee. In -the event that said accounting discloses that the monthly paymente,under the eight -(8'I) percent of gross, amounts to less than Five Thousand ($5,000.00) Dollars, then Assignee agrees to pay the difference at the time of the accounting. - It ie specifically agreed, however, that the rentals hereunder shall not begin until Assignee opens its restaurant for business. On the 'first day of the calendar month Immediately following the month that Assignee opens for business, Assignee agi°+ee& to prepare a report in writing, on a form approved by the City, showing the gross income during the preceding calendar month, and Assignee agrees to submit said report to the City along with the rental to be paid, computed on the eight (87) per - fifteenth(15th) - cent of gross bests , prior, to the tenth 410th) day of said month. Assignee obeli submit a like report and payment therefor for each succeeding calendar month thereafter. At the end of the first calendar year after this assignment begins, Assignee agrees to provide a certified copy of an audit.o2 Assignee's restaurant business as hereinafter mentioned,: If Assignee has not been in- business for the full twelve (12) month period, then the Five Thousand ($5,000.00) Dollars per year minimum annual guarantee shall be. computed 'on the basis of Four Hundred Fifteen and 15/100 ($415.15) Dollars per month for each month that Assignee has been in business. In the event that the previous payments that have been made upon the basis of eight (87) percent of gross does no;: - 6 - NItb:bo4-00 -equal that amonnt, then Assignee agrees to pay the difference at that time. A. DEFINITION 0? GROSS INCOME. In order to deter- mine the rental as hereinabove provided "gross income" shall be defined as the total of all income and proceeds to Assignee by and through Assignee's restaurant business, including both cash and credit tran9aCtiOn$0 except the amount of any Federal, State or Municipal sales,,tobacco, or similar taxes collected from customers., ' B. RECORDS, In order to determine Assignee's income and in order to provide the above mentioned written state- ments and reports, Assignee agrees- to keep full and accurate records of all transactions, sales, . receipts and income, both from cash sales and from Credit sales in any way connected with Assignee's restaurant business, Assignee:4s hooks end records - - covering sales shail be open to inspection 1,y the City of Corpus. Christi at reasonable times. Assignee agrees that a certified copy of a yearly audit of Assignee's restaurant business showing all sales will be provided to the City of Corpus Christi each year during the term of this assignment. C. PLACE Of PAYMENT. The City of Corpus Christi hereby appoints its Airport Manager as Lts agent to receive all rentals, reports and audits under this agreement, and Assignee hereby agrees to submit the aforementioned reports, audits and payments to the Airport Manager. It id, however, specifically agreed that the City may designate others as agents to inspect and audit Assignes'a books and records, as above mentioned, provided such inspections and audits are performed at reasonable times during working hours. ARTICLE V. UNDERTAKINGS OF THE CITY OF CORPUS CHRISTI The City of Corpus Christi covenants and agrees as follows, to-wit: A. To operate the new Corpus Christi internat./on- al Airport as a public airport during the terms of this assignment, - subject to its agreement with the United States Government and the Federal Aviation Agency and subject to the conditions and happenings contained in Article VIII of this Agreement. B. To provide the assigned space within the Terminal Building of the ,Corpus Christi International Airport as described above. The assigned space shall be in a completed construction stage as far as the floors, walls, stairways, ceilings, air con- ditioning, heating, and lighting equipment is concerned; and to provide "roughed in" outlets for public utility_ services inc1 "1Jng water, electric power and gas. Complete toilet facilities will be provided. C. To repair and maintain in good, condition the basic Terminal Building structure and to maintain the grounds and the Terminal Building and the public portions of the airport in a. neat and orderly manner. ARTICLE VI. UNDERTAKINGS OF ASSIGNEE Assignee does hereby, as additional consideration, agree as follows, to -wit: A. To provide at Assignee's own cost a counter or coffee bar with stools and such other parts of equipment neces- sary to equip the area within the assigned premises designed for a coffee shop. To provide a display case:and /or counter or check -out stand facilities. To provide at Assignee's coat all of the necessary stoves, ovens, dish washers, refrigeration equip- ment, work tables, drains boards, sinks, and such other equipment necessary to properly equip Assignee's kitchen and to provide at Assignee's owe cost all of the necessary tables, chairs, and other furniture to properly equip the dining room area. Assignee further agrees to provide et its oan cost all of the necessary plates, silver ware,_linen, napkins, and other equipment known in the trade as 'soft goods" for the operation of Assignee's res- taurant. B. To provide at Assignee's own cost the necee- aary labor and equipment to connect Assignee's stoves, dish washers, and other equips nt to the "roughed in" utility Outlets provided by the City, and, in the event that it becomes necessary or Assignee willies to extend the utilities within the apace for the installation of equipment in places other than where the City has provided utilities, Assignee agrees to provide the necessary work and labor at its_own cost for such extensions. C. To provide at Assignee's expense all managers, cooks, kitchen help, waiters, waitresses and other food dispen- sers, and all employees and servants necessary for the efficient and satisfactory operation'of the restaurant business, and to render prompt and courteous,service to the public and the users of said services. D. To keep in stock and have ready for sale at all times a reasonable supply of all food and drink normally and reasonably provided and furnished by a restaurant, and to charge reasonable prices therefor. Assignee specifically agrees that the Manager of the new Corpus Christi International Airport or a duly authorlad representative of the City of Corpus Christi may at reasonable times be entitled to inspect Assignee's supply of commodities offered for sale, the prepared food and the manner in which it is being dispensed, and the prices charged. E.- Assignee ahall_dresa its servants and employees in uniforms or in•euch,other manner as to make,a neat and orderly appearance. Assignee further agrees that it shall prohibit and restrain its agents, servants and employees fram loud and persis- tent announcements of its wares on or about the assigned premises. F. Assignee shall display only such signs or ad- vertising materials as will be in keeping with the general appear- ance of the airport and Aselgee agrees that before placing any aws:bb:i -lo -bu signs or.advertising material on airport property that approval shall be obtained from the Airport Manager as to the size, place, looks, manner of display and subject matter. G. Assignee shall at all times and at its own cost and expense take good care of the assigned premises and ail the equipment installed by Assignee. Assignee shall -be responsi- ble for all repairs, maintenance and improvements to all of the equipment installed and owned by Assignee. During the terms of this agreement Assignee shall at its awn cost and expense keep the inside of the assigned space including the walls and the cov- ering over the assigned space painted. Provided, however, that the cost of the painting of overhead, air conditioning and plumb- ing shall be borne and performed by the City of Corpus Christi and that the perai.ssLon of the Airport Manager Will be obtained prior to any such painting by Assignee with respect to color, type of paint and manner in which the painting is to be performed. H. Assignee shall keep the assigned premises clean, neat and orderly at all times, and shall provide a complete and proper arrangement for -the sanitary handling and disposal of all'trash, garbage and otter refuse caused as a result of the operation of the restaurant. 1. Assignee agrees that it will make no struc- tural changes in tine assigned - premises without the prior written consent of the Airport Manager. J. Assignee shall comply, at its own cost and expense, with all Federal, State or local laws, ordinances, rules or regulations, now or hereafter in force, which may be applicable to Assignee's business; and shall obtain and pay for all fees and charges assessed under Federal, State or local laws, ordinances and rules or regulations. Assignee ahall pay all taxes levied against property owned by Assignee, together with all taxes that - may be levied by any governmental authority against Assignee's business. - 10 - BWS:bh:5-18-60 . 4 : /44 Assignee shall not use, suffer or permit any person to use the premises ,:covered by this agreement for any ille- _gal, immoral or bawdy purposes, and Assigneashall protect, indei- nify and save harmless. Assignor and the City of Corpus Christi „-' from and 'against any fine, judgment, expense or - charge which may be suffered, imposed, assessed or incurred by reason of the violation, diaregardor,breach,of.any law, ordinance, ,rule or-regulation-or by reaaon of any act, neglect or omission on the part of Assignees= any of Aisignee's agents,' servants and/or employees, and Assignee specifically agrees to save and hold AA-, signor and the.City of Corpus Christi harnless and to indemnify As- aignor and the City of Corpus Christi from any claim, judgment or _ expense asserted by any vieltor, patron, agent, servant or employee of Assignee for personal injury and/or property damage. - - _ _ L. Assignee shal/ pay for all electric power, -gas and other utilities except water used by Assignee. The City of CorpUs,Clristi and/or the, other public utility suppliers provide meters for the aforesaid utilities and Assignee agrees to pay for such utilities on a monthly basis according to the amount . - of energy, Or gas or other_utility Oonsumed, except water. The electrical energy shall be paid far at the aame race that the City pays to the Central Poweriand bight Company for electrical: energy provided on the airport, M. Assignee agrees that it will at the end of the term of this agreenent remove all of its equipment installed -. and/or-located on-the assigned space and to deliver up the -press, isesiin the same condition as at the beginning of the agreement, reasonable depreciation and near exceptect-. 'Assignee'specifically agrees, in addition to the agreements containe& hereinabove, that Assignee will comply with all of the rules, regulations and/or orders of the City and/ - or County Health Department,, and shall keep exhibited at all times B ?S:bb:s -1s =6a all applicable health permits. Assignee further agrees that all of Assignee's agents, servants and employees shall abide by the rules and regulations imposed by the City and Airport Manager with respect to the operation of the airport, the ramps and aprons and the use thereof by aircraft persons and equipment. O. Assignee agrees to, furnish good, prompt and efficient service adequate to meat the demands for restaurant service at the airport; to furnish said service on a fair, aquas., and non - discriminatory bests to all users of the airport, and to charge fair, reasonable, and non - discriminatory prices for each sale or service. provided, however, that Assignee may be allowed to make reasonable and non- discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. ,AancLE vu. GENERAL P OVCSIONS 1. NOTICES. All notices to Assignor and the City of Corpus Christi shall be deemed sufficient if in writing and - mailed, postage prepaid, addressed to the following: CITY MANAGER CITY or CORPUS CHRISTI P.O. box 1822 - CORPUS CHRISTI.'TexAR Notices to Assignee shall be deemed sufficient if in writing and mailed, postage prepaid, addressed to Assignee at 131 Varick Street _ New York 13, New York 2. It is expressly understood and agreed by and be- tween all of the parties hereto that Assignee is and shall be deemed to be an independent contractor and operator responsible to all parties for its acts or omissions, and the Assignor and the City of Corpus Christi shall in no wise be responsible there- for. Assignee further states that Assignee has, on the date of the beginning of this agreement, inspected the premises and is - l2 - t BWS:bb:5-1,0-60 7.* familiar with the condition of same. Assignee agrees to indent- nify and save and hold harmless Assignor and the City of-Corpus Christi from any and all loses that may proximately result to ' Assignor and/or the City'of Corpus Christi from any negligence on the part -of Assignee, Assignee further agrees to carry public Two hundied,thousand liability insurance in a minimum sum of Dollars (200,000400) . Five hundred thousand - (500,10i00) ) for one person and - Dollars ($ two or more persons, and in addition thereto carry a minimum of ($5b,000.00) Fifty Thousand- ,Dollars ($ ) insurance for property damage liability. All insurance shall be carried in a responsible and reputable company, All policies shall contain the following clause: "It is understood and agreed that the Airport Manager of the City of Corpus Christi, Texas, will be notified in the event of any renewal or cancellation of this policy and that this policy will remain in full force and effect until thirty (30) days after such notice is given." 3. TAXES. Assignee agrees to pay any and all taxes or assessments which may be levied against Assignee's personal property, occupanci, or use of the assigned premises or any provements placed thereon by Assignee. 41: In any action brOught-by Assignor and/or .the City of Corpui Christi for the enforcement of the obligations of this aasignment and agreement, Assignor and/or-the City of Corpus Christi shall be entitled to recover interest and reasonable at- torney-a fees. 5. It is expressly agreed that no contract, assign-- :gent, lease, or agreement shall be entered into by Assignor or. the City of Corpus Christi with any other person, company, firm,- corporation or partnership for space in the new airport for a -13- BeS:bb:5 -18 -60 restaurant during the tern of this agreement, except that in the event the motel is constructed along Highwey,44 on airport lands, said motel may be allowed to install and - operate a coffee shop and/or restaurant. 6. All of the paragraph headings contained herein are for convenience and - reference and are not intended to define or limit the scope of any provision of this agreement. -ARTICLE VIII. DESTRUCTION, SUBORDINATION. TERMINATION., CANCELLATION ASSIGNMENT TRANSFER AND SUB -LEASE 1. DESTRUCTION. In the event that the Terminal Build- ing or airport is damaged or destroyed by acts of God or through enemy attack or for any other reason outside the control of Assign- or and /or the City of Corpuo Christi to such an extent that the airport cannot be operated as an airport, then thin agreement shall terminate and shall no longer be binding 4in any party hereto. In the event the assigned premises or the Terminal Build- ing or the other airport facilities reasonable and necessary for Assignee to conduct Assignee /s restaurant are partially destroyed or damaged due to acts of. God or other acts outside the control of the Assignor or the City of Corpus Christi to such an extent that the assigned premises may not economically be uacd for the uses and purposes for which assigned, then this agreement and assignment shall be suspended during the period of such partial damage or destruction and -shall not begin or resume until the City of Corpus Christi has repaired such damage. It is expressly understood, havaver, that the City o2 Corpus Christi shall deter- mine and shall be the sole judge of the extent of the damage ar:' dearruct.on and shall have an option to either declare this lease terminated or suspended or co repair the premises. 2. SUBORDINATION. This assignment and agreement shall be subordinate to the provisions of any existing or future agree- meat between the City of Corpus Christi and the United States rela- tive to the operat a or mLutPonnco 02 the airport, the execution 11. sws;o8: -115-6v of which has been or may be required as a condition to the ex- penditure of Federal fends for the development of the airport. Should the effect of such agreement with the United States be to take any of the premises under this assignment out frame under the control of theCity of Corpus Christi or t� substantially destroy the commercial value of the assigned premises, then Cora_; i.3: tit provide adequate premises to Assignee or this agreement ehall terminate and be no longer Ia force. 3. TERMINATION. This lease shall terminate at the end of the Five (5) year period set forth in Article III herein - above and Assignee shall have no further right or interest in any of the assigned premises or in any of the privileges, rights, uees or interests contained in this agreement, and Assignee agrees to vacate and remove all equipment, stoves, dishes, articles nor- mally used is restaurant operation, and other personal prosy belonging to Assignee and to deliver up the premises in the con- dition that they were in at the beginning of this agreement, normal age, wear and tear excepted. Ebeever, if the Assignee deoires to exercise the option for an additional Five (5) year term ea des - cribed in Article III hereinabove. and - terns- on-the- add +.ions -op-- tton -per-i y- agreed - upon -by- the -Assignee- and - tie -City- then the tennis tion shall be extended for the additional Five (5) year option period, at 'Aide time the termination as hereinabove set forth at the end of the primary period shall apply. Assignee obeli have Ten (10) days tathin wh ch to remove Asst nee's equip- ment and personal property, and in the event that Assignee fails to do so, Assignor and /or the City of Corpus Christi uny do no without liability and Assignee agrees to reimburse Assignor or the City of Corpus Christi for ite expense. 4. CAWCFra'rATIILL Default t of payment of any of the - rentals provided for hereinabove shall give Assignor and /or the 15 - /QS :bb : 5-18-60 City of Corpus Christi the right to terminate this agreement at any time after Thirty (30) days notice in writing has been given to Assignee, unless within said time Assignee'bau fully complied with the rental provisions, - i)afauit of any of the other agreements on the part of Assignee shall li3cewlwe.givs'Assignor and /or the City of Corpus Christi the right to terminate this agreement at any time after Thirty (30)'daye notice in ,writing has been given•to Assignee, unless within said time /assignee has fully complied with or cor- vected the condition, provided, however, that Assignor and/or the • City of Corpus Christi agree to include in this notice it statement with respect to the article, agreement or condition which Assignor and /or the City of Corpus Christ!. claims that Assignee is in de- fault of.' „ - " 5. The written authority of the City -of Corpus Christi shall be obtained by Assignee prior to any sale, assignment, trans- fer or sub-assignmant of this assignment and agreement, ARTICLE I.Y. PARTIES TO ASSIGNMENT-AGREEMENT The Assignor herein, the Corpus Christi Bank & Trust Company, Trustee, is the Lessee of the premises herein assigned. The City of Corpus Christi legally leased said premises to the Assignor herein after securing the approval of the qualified voters of -the City of Corpus Christi at an election held on August 29,1959. tinder the lease between the City and the Assign- or herein, the City retained the right to approve of all assign- ments and to approve of the terms and conditions cottaibed in said assignments. This agreement is therefore an assignment of the above described premises froze the Corpus Christi Bank & Trust Company, Trustee, to the Assignee herein, and the City of Corpus Christi agrees that in the event of a judicial determination that - 16 - this -assignment egreasent"wee, entered into contrary, to 1 or -that, the lea�e fro the Gity t� the- Assignot_ herein was entered, into contrary -to lei, -then the, Cit} :egreas to- -take whatever - rsaaonably necessary steps may be required to provide the - Assign• -- ea heteinwitb ,a; good and valid lease or assignment cf the spice hereinabove dmtcttbed. It ie-understoodd' however, that this asaign- meat and 'agre t'inst be accepted and approved by the writing noted tferein. before the City, is bound by any et the term or conditions set forth herein.;' EXECUTED IN TRIP LtcArM. on this '2t day - of A. D. 1960. ASSIGNEE: The Union News Company, Division of ,The American News Company'' Vice President -CORPUS CNRISTT -PAK- & TRUST COMPANY, TRUSn7.. AgEZ TED AND'APP &QVED . CITY OP CORPUS, CHRISTI, TEXAS City Attorney THAT THE FOREGOING ORDINANCE WAS R AD FOR THE FIR T TIME AND PASS D TO ITS SECOND READING ON THIS THE DAY OF 19 CO , BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD I MRS. RAY AIRHEART t,.. JOSEPH B. DUNN PATRICK J. DUNNE 1' R. A. HUMBLE GABE LOZANO, SR. THAT THE FOREGOING ORDINANCE WAS READ FOR THE PASSED TO ITS THIRD READING ON THIS THE i r DAY OF 19 (,O , BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. SECOND TIME AND THAT THE FORE i ORDINANC S READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE R &DAY OF _ 19 l V, BY THE FOLLOWING VOTE: T: ELLROY KING / JAMES L. BARNARD MRS. RAY AIRNEART JOSEPH B. DUNN / PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR./ PASSED AND APPROVED, THIS THE cL 011PAT CITY SEC APVED AS TO DAY OF FORM THIS 1959: CITY ATTORNEY MAYOR , THE CI ISTI, TEXAS • J