HomeMy WebLinkAbout08652 ORD - 11/01/1967,. .IKH:11 -1 -67
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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 AND TRUST COMPANY, TRUSTEE, AND NATIONAL
CAR RENTALS OF CORPUS CHRISTI, INC., COVERING A CERTAIN
• PARCEL OR TRACT OF LAND AT THE CORPUS CHRISTI INTER-
NATIONAL AIRPORT, BEING LOT 3 OF THE NORTHWEST COMMERCIAL
BUILDING SITE, FOR THE PURPOSE OF INSTALLING AUTOMOTIVE'
SERVICE FACILITIES FOR THE SERVICING OF COMPANY - OWNED,
VEHICLES FOR HIRE, ALL AS MORE FULLY °SET FORTH IN THE
ASSIGNMENT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED,
t� FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AND APPROVE AN '
ASSIGNMENT AGREEMENT BETWEEN CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE,
AND NATIONAL CAR RENTALS OF CORPUS CHRISTI, INC., COVERING A CERTAIN PARCEL
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OR TRACT OF LAND` AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, BEING LOT 3
OF THE NORTHWEST COMMERCIAL BUILDING SITE, FOR THE PURPOSE OF INSTALLING
AUTOMOTIVE SERVICE FACILITIES FOR THE SERVICING OF COMPANY —OWNED VEHICLES
FOR HIRE, ALL AS MORE FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR IMMEDIATE APPROVAL BY THE CITY OF
THE PROPOSED ASSIGNMENT OF LEASE, WHICH ASSIGNMENT IS MADE BY AND BETWEEN
THE CORPUS CHRISTI BANK & TRUST COMPANY,TRUSTEE, AND ASSIGNEE, NATIONAL
CAR RENTALS OF CORPUS CHRISTI, INC., SO AS TO ENABLE THE LESSEE TO BEGIN
PREPARATION OF PLANS ON SAID PLOT AND COMMENCE CONSTRUCTION AS PROMPTLY
AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY
COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO
EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS
ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT
AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS
8652
ACCORDINGLY SO ORDAINED, THIS THE ot DAY OF NOVEMBER, 1967.
ATTEST:
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CITY ATTO E
ASSIGMIENT OF LEASE t
AUTOMOTIVE SERVICE FACILITY
i
THE STATE OF.TEXAS X
COUNTY OF NUECES X �'
This agreement made by and'between the Corpus Christi Bank $ Trust
Company, Trustee, hereinafter referred to as Assignor, and National Car Rentals
of Corpus Christi, Inc., a Texas corporation qualified to do business in the
State of Texas, hereinafter referred to as Assignee,
W I T N E S S E T H:
WHEREAS, The Assignor herein, the Corpus Christi Bank $ Trust Company,
Trustee, has, by agreement with the City of Corpus Christi, legally become the
Lessee of certain lands and lease sites, certain portions of which are designated
as commercial building sites, all as shown on the Master Plan of the new Muni-
cipal Airport on file in the office of the Director of Public Works of the City
of Corpus Christi, and as located within the site of the new Corpus Christi
Municipal Airport, Nueces County, Texas; and
WHEREAS, the aforesaid agreement between the Corpus Christi Bank
Trust Company, Trustee, and the City of Corpus Christi, 'vas 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 Municipal Airport as a public airport and all uses incident thereto,
for the benefit of the public; and'
WHEREAS, Assignee proposes to engage in automotive service facility
operations, as hereinafter defined, at the new Corpus Christi Municipal Airport:
NOW, THEREFORE, in consideration of the premises and for and in con-
sideration of the charges, fees, rentals, covenants and agreements contained
herein, the parties hereto do hereby agree as follows:
1. Assignor hereby assigns to Assignee for its exclusive use, solely
for the maintenance, service and storage of Assignee's vehicles, and Assignee
hereby hires and takes from Assignor, that certain parcel of land on the Airport,
shown on the plan or sketch attached hereto, marked Exhibit "A" and hereby made
a part hereof, the said parcel being more particularly described as follows:
LOT 3 OF THE NORTHWEST COMMERCIAL BUILDING SITE, BEING A TRACT
OF LAND EXTENDING 100 FEET NORTHWEST - SOUTHEAST AND 200 FEET
NORTHEAST - SOUTHWEST, CONTAINING APPROXIMATELY 20,000 SQUARE
FEET. THE SOUTHEAST CORNER OF THE TRACT IS LOCATED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF GULF COAST AVIATION, INC.,
ASSIGNMENT FOR A DISTANCE OF 120 FEET NORTHEAST TO A POINT, THENCE
WEST 45' FOR A DISTANCE OF 280 FEET TO THE PLACE OF BEGINNING.
TO HAVE AND TO HOLD the said premises (hereinafter sometimes called
"Premises" or I'demised premises ") with the appurtenances thereunto belonging,
together with all structures and improvements, if any, thereon, upon the terms
and conditions hereinafter contained.
2. This Assignment is for a term of ten (10) years beginning on
the date of execution and expiring on unless sooner termin-
ated as hereinafter provided.
- 3. A. ASSIGNEE, FOR AND DURING THE TERM HEREOF, SHALL PAY RENT TO
THE CITY IN THE AMOUNT OF SIX THOUSAND DOLLARS ($6,000.00). SAID RENT SHALL BE
PAYABLE IN EQUAL MONTHLY INSTALLMENTS OF FIFTY DOLLARS (50.00).
B. THE RENT SHALL BEGIN ONE HUNDRED TWENTY (120) DAYS AFTER THE
DATE OF EXECUTION OR DATE OF PLACING OF IMPROVEMENTS THEREON , WHICHEVER DATE
_______F_IRST OCCURS. _
4. Assignee shall have the right during the term hereof, at its own
expense, at any time and from time to time:
a. to construct and install in and upon the premises hereby
leased, a building or buildings and such other structures and facilities as it
may deem necessary or desirable for the storage, maintaining and servicing of
its vehicles hereunder and for such other purposes as may be necessary or desir-
able in connection with its operations at the Airport, subject to the following
restrictions: No improvements may be built over or on the water line easement
in the northwest corner of the lot as shown on Exhibit A, and no building is
permitted closer than twenty -five feet (251) from the southwest side of the
tract nor closer than ten feet (101) from the southeast and northwest sides of
the lot. Provided, however, that Assignee shall first submit plans and speci-
THE LOT. PROVIDED, HOWEVER, THAT ASSIGNEE SHALL FIRST SUBMIT PLANS AND SPECI-
FIC ATIONS FOR ALL FIXED IMPROVEMENTS TO THE CITY COUNCIL FOR APPROVAL, WHICH
APPROVAL SHALL NOT BE UNREASONABLY WITHHELD. THE TERM "FIXED IMPROVEMENTS"
WHENEVER USED IN THIS LEASE SHALL BE
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CONSTRUED TO INCLUDE ALL BUILDINGS AND OTHER STRUCTURES ERECTED UPON THE PREMISES
ALL FENCING, GRADING AND SURFACING WITH STONE AND/OR HARDTOP, ALL UNDERGROUND
AND OVERHEAD WIRES] CABLES, PIPES] CONDUITS TANKS AND DRAINS] AND ALL PROPERTY
OF EVERY KIND AND NATURE, EXCLUDING TRADE FIXTURES, WHICH IS SO ATTACHED TO ANY
BUILDING OR STRUCTURE OR THE PREMISES THAT SAME MAY NOT BE REMOVED WITHOUT MATERIAL
INJURY TO SAID PROPERTY OR TO THE BUILDING OR STRUCTURE TO WHICH SAME SHALL BE
ATTACHED. UPON TERMINATION OR EXPIRATION OF THIS A3REEMENT, TITLE TO ALL FIXED
IMPROVEMENTS ERECTED OR INSTALLED BY ASSIGNEE IN OR UPON THE DEMISED PREMISES SHALL
REMAIN IN ASSIGNEE, AS WELL AS THE TITLE TO ALL ASSIGNEES TRADE FIXTURES AND
PERSONAL PROPERTY, AND BE REMOVED THEREFROM AT ASSIGNEES EXPENSE, AS HEREINAFTER
PROVIDED. ASSIGNEE SHALL COMMENCE CONSTRUCTION OF ANY FIXED IMPROVEMENTS TO BE
ERECTED OR INSTALLED BY ASSIGNEE HEREUNDER WITHIN A PERIOD OF SIX (6) MONTHS FROM
AND AFTER THE APPROVAL OF THE PLANS AND SPECIFICATIONS THEREFOR BY OR ON BEHALF
OF THE CITY, AND SHALL PROSECUTE THE WORK TO COMPLETION WITH ALL DILIGENCE; AND
B. TO INSTALL, MAINTAIN, OPERATE,REPAIR AND REPLACE ANY AND ALL
TRADE FIXTURES AND OTHER PERSONAL PROPERTY USEFUL FROM TIME TO TIME IN CONNECTION
WITH ITS OPERATIONS ON THE AIRPORT, ALL OF WHICH SHALL BE AND REMAIN THE PROPERTY
OF ASSIGNEE AND MAY BE REMOVED BY ASSIGNEE PRIOR TO OR WITHIN A REASONABLE TIME
AFTER EXPIRATION OF,THE TERM OF THIS AGREEMENTS PROVIDED, HOWEVER, THAT ASSIGNEE
SHALL REPAIR ANY DAMAGE TO THE PREMISES CAUSED BY SUCH REMOVAL. IT IS UNDERSTOOD
THAT, FOR PURPOSES OF THIS ARTICLE, THE PHRASE "TRADE FIXTURES. SHALL INCLUDE
BUT SHALL NOT BE LIMITED T0j ANY SIGNS ELECTRICAL OR OTHERWISE; USED TO ADVERTISE
ASSIGNEES BUSINESS IN AND ABOUT THE DEMISED PREMISES ALL MACHINERY AND EQUIPMENT
USED IN CONNECTION WITH THE SERVICING OF AUTOMOTIVE VEHICLES IN OR ABOUT THE
DEMISED PREMISES, WHETHER OR NOT SUCH MACHINERY OR EQUIPMENT IS BOLTED OR OTHERWISE
ATTACHED TO SAID PREMISES; ANY LIFT HOIST, COMPRESSOR OR OTHER MECHANICAL DEVISE
USED TO SERVICE SAID AUTOMOTIVE VEHICLES; AND ALL OTHER MISCELLANEOUS EQUIPMENT,
INCLUDING BUT NOT BY WAY OF LIMITATION, AIR CONDITIONING EQUIPMENT INSTALLED IN
OR PLACED ON OR ABOUT THE DEMISED PREMISES AND USED IN CONNECTION WITH ASSIGNEE'S
BUSINESS THEREIN.
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S. Assignee shall:
a. Pay for all of the necessary connections and road cuts to
connect with the utilities which are presently installed in the right -of -way in
front of the assigned property; and,
b. Accept the property in its present condition and will
assume all the costs connected with providing access to the assigned property
from the present service road.
6. Assignee covenants and agrees:
a. To pay the rent and other charges herein reserved at such
..times and places as the same are payable;
b. To pay all charges for water, gas, electric power and
sewerage service consumed on the demised premises during the term of this Agree -
went, at regularly established rates;
C. To make no alterations, additions or improvements to the
demised premises without the prior written consent of the City, which consent
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shall not be unreasonably withheld;
D. TO KEEP AND MAINTAIN THE DEMISED PREMISES IN GOOD CONDITION,
ORDER AND REPAIR DURING THE TERM OF THIS AGREEMENT, AND TO SURRENDER THE SAME
UPON THE EXPIRATION OF SAID TERM IN GOOD CONDITION, REASONABLE WEAR AND TEAR
AND DAMAGE BY CASUALTY NOT CAUSED BY ASSIGNEES NEGLIGENCE EXCEPTED;
e. To observe and comply with any and all reouirements of the
constituted public authorities and with all federal, state or local statutes,
ordinances, regulations and standards applicable to Assignee or its use of the
demised premises, including, but not limited to, rules and regulations promul-
gated from time to time by or at the direction of the City for administration of
_ - the Airport;
F. TO PAY ALL TAXES ASSESSED OR IMPOSED BY ANY GOVERNMENTAL
AUTHORITY UPON THE LAND OR UPON ANY BUILDING OR OTHER IMPROVEMENT ERECTED OR
INSTALLED ON THE DEMISED PREMISES DURING THE TERM OF THIS AGREEMENT;
g. To carry fire and extended coverage insurance, if obtain-
able, on all fixed improvements erected by Assignee on the demised premises to
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the full insurable value thereof, it being understood and agreed that for pur-
poses hereof the term "full insurable value" shall be deemed to be that amount
for which a prudent owner in like circumstances would insure similar property,
_..._ but in no event an amount in excess of Assignee's original cost of constructing
said fixed improvements; and
h. 'Assignee shall use the premises solely for the maintenance,
service and storage of Assignee's vehicles,and neither Assignee nor any of its
agents, servants, or employees, shall provide or furnish maintenance, service or
storage of any kind to the general public. -
7. The City and its authorized officers, employees, agents, con-
tractors, sub - contractors and other representatives shall have the right to
enter upon the demised premises for the following purposes:
a. To inspect the demised premises at reasonable intervals
during regular business hours (or at any time in case of emergency) to determine
whether Assignee has complied and is complying with the terns and conditions of
this Agreement with' respect thereto; or f
b. To perform essential maintenance, repair, relocation or
removal of existing underground or overhead wires, pipes, drains, cables and
conduits now located on or across the demised premises, and to construct, main-
tain, repair, relocate and remove such facilities in future if necessary to
carry out the master plan of development of the Airport, provided, however, that
said work shall in no event disrupt or unduly interfere with the operations of
Assignee, and provided further, that the entire cost of such work, including but
not limited to the cost of rebuilding, removing, relocating, protecting or
otherwise modifying any fixed improvements at any time erected or installed in
or upon the demised premises by the City, Assignee, or third parties, as a++
result of the exercise by the City of its rights hereunder, and the repair if all
damage to such fixed improvements caused thereby, shall be borne solely by the
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City, t,
8. Assignee shall indemnify and hold the City forever harmless from
_.r and against all liability, loss or expense imposed upon the City by reason of ,t
legal liability for injuries to persons (including wrongful death) and damdges
to property caused solely by Assignee's use or occupancy of the demised premises
or elsewhere at the Airport, provided that the City shall give Assignee prompt a
and timely notice of any claim made against the City which may result in a
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judgment against the City because of such injuries or damages, and promptly
deliver to Assignee all papers, notices, documents, summonses and other legal
process whatsoever served upon the City or its agents, and provided, further,
that Assignee and its insurer, or either of them, shall have the right to com-
promise and defend all claims, actions Ciuits and proceedings to the extent of
Assignee's interest therein; and in connection therewith-the parties hereto agree
to faithfully cooperate with each other and with Assignee's insurer in the de-
fense thereof.
. 9. Assignee shall carry public liability insurance with responsible
insurance underwriters, insuring Assignee and the City against all legal liability
for injuries to persons (including wrongful death) and damages to property
.caused by Assignee's use and occupancy of the demised premises or otherwise
caused by Assignee's activities and operations on said premises, with liability
limits of not less than $100,000 for any one person, and not less than $300,000
for any accident involving injury (including wrongful death) to more than one
person, and not less than $25,000 for property damage resulting from any one
accident. Assignee shall furnish the City with a certificate of such insurance
which shall provide that the City is insured under said policy, and that said
policy cannot be cancelled or materially modified except upon ten (10) days'
advance written notice to the City.
10. This Assignment shall be subject and subordinate to the provisions
of any existing or future agreement between the City and the United States rela-
tive to the operation or maintenance•of the Airport, the execution of which has
been or may be required by the provisions of the Federal Airport Act of 1946, as
amended, or any future act affecting the operation or maintenance of the Airport,
provided, however, that the City shall, to the extent permitted by law, use its
best efforts to cause any such egreement'to include provisions protecting and
preserving the rights of Assignee in and to the demised premises and improvements
thereon, and to compensation for the taking thereof, and payment for interference
therewith and for damage thereto, caused by such agreement or by actions of the
T City or the United States pursuant thereto.
:ll. The City of Corpus Christi, a municipal corporation, situated in
Nueces County, Texas, the sponsor and owner of the new Corpus Christi municipal
Airport, does by acceptance of this Assignment and Agreement, agree to all of
the terms and conditions set out herein and agrees that in the event of a judicial
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determination that this agreement was entered into contrary to law as between
Assignor and Assignee or that Assignor, Corpus Christi Bank $ Trust Company, did >
not have legal authority to enter into this assignment, then the City agrees to
take whatever reasonably necessary steps may be required to provide Assignee with I
a good and valid assignment or lease of the space hereinbefore described. It is t
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understood by and between the parties hereto that this assignment and agreement
must be accepted and approved by the City Council of the City of Corpus Christi,
acting by and through its City Manager, in writing noted herein, before the City
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is bound by any of the terms or conditions set forth herein.
12.;_ThesQity shall have the right upon written.notice to Assignee to i
_ - cancel this Agreement in its entirety, upon or after the happening of one or
more cf the following events, if said event or events shall then be continuing:
a. If Assignee shall make a general assignment for the benefit of
creditors, or file a voluntary petition in bankruptcy or a petition or answer ;
seeking its reorganization or the readjustment of its indebtedness under the
Federal Bankruptcy Laws or any other similar law or statute of the United States
or any state, or government, or consent to the appointment of a receiver, trustee,
or biquidator of all or substantially all of the property of Assignee;
- b. If by order or decree of a court of competent jurisdiction
Assignee shall be adjudged bankrupt or an order shall.be made approving a peti-
tion seeking its reorganization, or the readjustment of its indebtedness under
the Federal Bankruptcy Laws or any law or statute of the United States or any :;t
state, territory or possession thereof, or under the law of any other state,
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nation or government, provided, that if any such judgment or order be stayed or
vacated within ninety (40) days after the entry thereof, any noticeoof cancella-
tion given shall be and become void and of no effect; ;
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c.•If by or pursuant to any order or decree of any court or .
governmental authority, board, agency, or officer having jurisdiction, a receiver;
trustee, or liquidator shall take possession or control of all or substantially
all of the property of Assignee for the benefit of creditors, provided, that if
such order or decree be stayed or vacated within sixty (60) days after the entry
thereof or during such longer period in which Assignee diligently and in good
faith contest the same, any notice of cancellation shall be and become null, void ,
and no effect; >
d. If Assignee'shall voluntarily abandon and discontinue the con-
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duct and operation of its-service at the Airport for a continuous period of
sixty (60) days;
e. If Assignee shall fail to pay the rental charges or other
money payments required by this instrument and such failure shall not be remedied
within thirty (30) days following receipt by Assignee of written demand from the
City so to do;
f. If Assignee default in fulfilling any of the terms, covenants
or conditions to be fulfilled by it hereunder and shall fail to remedy said de-
fault within thirty (30) days following receipt by Assignee of written demand
from the City so to do, or if, by reason of the nature of such default the same
cannot be remedied within thirty (30) days following receipt by Assignee of
written demand from the City so to do, then, if Assignee shall have failed to
commence the remedying of such default within said thirty (30) days following
such written notice, or have so commenced, shall fail thereafter to continue with
diligence the curing thereof;
g. If Assignee shall abandon any of the premises leased to it
hereunder for a continuous period of sixty (60) days at any one time except when
such abandonment be 'caused by fire, earthquake, war, strike or other calamity
beyond Assignee's control.
In the event of any cancellation or termination of this Agreement
by the City under the circumstances specified in this Article 12, all fixed im-
provements erected or installed in or upon the demised premises by Assignee shall
become the absolute property of the City, as if this_Agreement had expired by
lapse of time:.
13. Assignee shall have the right, upon written notice to the City,
to cancel this Agreement in its entirety upon or after the happening of one or
more of the following events, if said event or events shall then be continuing:
a. The issuance by any court of competent jurisdiction of an in-
junction, order or decree preventing or restraining the use by Assignee of all
or any substantial part of the demised premises or preventing or restraining the
use of the Airport for usual airport purposes in its entirety, or the use of any
part thereof which may be used by Assignee and which is necessary for Assignee's
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operations on the Airport, which remains in force unvacated or unstayed for a
period of at least one hundred and twenty (120) days;
b. The default of the City in the performance of any of the terms,
covenants or conditions to be fulfilled by it under this instrument and the
failure of the City to cure such default within a period of thirty (30) days
following receipt of written demand from Assignee so to do, except that if by
reason of the nature of such default, the same cannot be cured within said thirty
(30) days, then Assignee shall have the right to cancel if the City shall have
failed to commence to remedy such default within said thirty (30) days following
receipt of such written demand, or having so commenced, shall fail thereafter to
continue with diligence the curing thereof;
c. The inability of Assignee to conduct its business at the Air
port in substantially the same manner and to the same extent as theretofore con-
ducted, for a period of at least ninety (90) days, because of (i) any law, or
(ii) any rule, order, judgment, decree, regulation or other action or non - action
of any Governmental authority, board, agency or officer having jurisdiction there-
d. If the fixed improvements placed upon the demised premises
shall be totally destroyed, or so extensively damaged that it would be impractic-
able or uneconomical7to restore the same to their previous condition as to which
Assignee shall be the sole judge. In any such case, the proceeds of insurance,
if any, payable by reason of such loss shall be apportioned between the City and
Assignee, the City receiving the same proportion of such proceeds as the then
expired portion of the lease term bears to the full term hereby granted, and
Assignee receiving the balance thereof. If the damage shall result from an in-
surable cause and shall be only partial and such that the said fixed improvements
can be restored to their prior condition within a reasonable time, then Assignee
shall restore the same with reasonable promptness, and shall be entitled to
receive and apply the proceeds of any insurance covering such loss to said restor-
ation, in which event this Agreement shall not be concelled but shall continue
- -�•• -- in full force and effect, and in such case any excess thereof,shail belong to
Assignee;
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e. In the event of destruction of all or a material portion of
the Airport or the Airport facilities, or in the event that any agency or in-
strumentality of the United States Government or any state or local government
shall occupy the Airport or a substantial part thereof, or in the event'of mili-
tary mobilization or.public emergency wherein there is a curtailment, either by
executive decree or legislative action, of normal civilian traffic at the Airport
or of the use of motor vehicles or airplanes by the general public, or a limita-
tion of the supply of automobiles. or of automotive fuel, supplies, or parts for
general public use, and any of said events shall result in material interference
with Assignee's normal business operations or substantial diminution of Assignee's
gross revenue from its automobile rental concession at the Airport, continuing
for a period in excess of fifteen (15) days;
f. in the event that at any time prior to or during the term of
` this Agreement, Assignee's presently existing privileges to operate an automobile
rental concession at the Airport shall be withdrawn, cancelled or not renewed by
the City;
g. The taking of the whole or any part of the demised premises by
the exercise of any right of condemnation or eminent domain.
}4, A. IN THE EVENT OF ANY CANCELLATION OR TERMINATION OF THIS
AGREEMENT PRIOR TO THE EXPIRATION DATE SET FORTH IN ARTICLE 2 HEREOF THE CITY
SHALL HAVE A LANDLORDS LIEN ON ALL PROPERTY OF THE ASSIGNEE.
a. ASSIGNEE SHALL HAVE THE RIGHT TO ASSIGN TO A CAR RENTAL CON -
cessionaire holding a valid contract to do business in the Terminal Building at
the Airport, provided, however, the car rental concessionaire could not continue
to enjoy the Assignment if their contract to do business in the Terminal Building
were cancelled by the City. ?
15. Nothing contained in this Agreement shall be deemed to limit or
restrict in any way such lawful rights as Aggisnee may have now or in future to
maintain claims against the federal, state or municipal government,or any de-
partment or agency thereof, or against any interstate body, commission or author-
ity, or other public or private body exercising governmental powers, for damages
or compensation by reason of the taking or occupation, by condemnation or other-
wise, of all or a substantial part of the demised premises, including fixed im-
provements thereon, or of all or a material.part of the Airport with adverse
effects upon Assignee's use and enjoyment of the demised premises for the purposes
hereinabove set forth; and the City agrees hereby to cooperate with Assignee in
the maintenance of any just claim of said nature, and to refrain from hindering,
opposing or obstructing the_ maintenance thereof by Assignee.
" 16. Assignee shall not use or permit the use of the demised premises
or any part thereof for any purpose or use other than as authorized by this
Agreement.
17. Assignee shall cause to be removed any and all liens of any nature
arising out of or because of any construction performed by Assignee or any of its
contractors or sub - contractors upon the demised premises or arising out of or
because of the performance of any work or labor upon or the furnishing of any
materials for use at said premises, by or at the direction of Assignee.
18. In computing Assignee's time within which to commence construction
of any fixed improvement or to cure any default as required by this Assignment,
there shall be excluded.all delays due *to strikes, lockouts, Acts of God and the
_public enemy, or by order or direction or other interference by any municipal,
State, Federal or other Governmental department, board or commission having
jurisdiction, or other causes beyond Assignee's control.
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19. Any notice or other communication from either•party to the other'*
pursuant to this Agreement shall be deemed sufficiently•given or communicated if
sent by registered mail, with proper postage and registration fees prepaid,
-addressed to the party for whom intended, at the following address:
For Lessor:
Assignor and City of Corpus Christi
City Manager'
P..O. Box 1622
-•-- -Corpus-Christi, Texas 78403
For Lessee:
National Car Rentals of Corpus Christi, Inc.
408 North Water Street
Corpus Christi, Texas
or to such other address as the party to be given such notice shall from time to
-time designate to the other by notice given in accordance herewith.
EXECUTED IN TRIPLICATE on this day of 19
ASSIGNEE:
NATIONAL CAR RENTALS OF CORPUS CHRISTI, INC.
_ 8Y
President
CORPUS CHRISTI BANK $ TRUST COMPANY,
ATTEST: TRUSTEE
Cashier
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ACCEPTED AND APPROVED:
CITY OF CORPUS CHRISTI, TEXAS
ATTEST: '
By
Herbert W. Whitney, City Manager
• City Secretary
APPROVED AS TO LEGAL FORM THIS
-
DAY OF
o'
ti �Y1907
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cv APTOV cc
M 8Y COUNCILD �8
City Attorney
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PF.�• MISS ED
�� `\:TSB' ��: �� • , - \• o / •, , � f // �` '. .. � \ \�
CORPUS CHRISTI, TEXAS /�
1,Q DAY OF Asw J (/ , 19X11.
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS '
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 11 THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
i
Y'R
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE;
JACK R. BLACKMON auu
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE;
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. . JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL g�a!
* W. J. "WRANGLER" ROBERTS adze
PUBLISHER'S AFFIDAVIT
fSTAZEE OF TEXAS, �ss:
County of Nueces. ;
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
Leland G. Barnes , who being first duly sworn, according to law, says that he is the
Cla- e. &ified•- /idvert.�sil}g•. -M RMAr•.•..._ of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in s 'd-- C eunty and State, and that the publication of
LEGAL -- Notice of Passe ge -_of- _Ordinance o 861}8.1- _relating, - -to -_fees for im-
-- -- ................ -
pounding & storage of vehicles by POli a be - T
of which the annexed is a true copy, was published in The Imes
........................................ ........................_._.
on the .... day of. ... November .............. 19 -6z;N S Vwm .......................... iettC .fM............................
........................................................ -
• ..... .........................Times.
f4 CTa sii?ied" °dv ® "rhi "s" ng I Hager ....-
Subscribed and sworn to before me this .......... 6...... "..day of ........... November ....... .............. 19.6
Louise viok ��........._._......_..__.
Notary Public, Nueces County, Texas
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