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HomeMy WebLinkAbout09997 ORD - 11/11/1970VMP:11/4/70 TEXAS: AN ORDINANCE AUTHORIZING AMID DIRECTING THE CITY MANAGER TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND COASTAL BEND RENT -A -CAR (AVIS), COVERING A COMMERCIAL BUILDING SITE FOR USE AS AUTOMOTIVE SERVICE FACILITY AND OTHER RELATED ACTIVITIES, WHICH PLOT IS IDENTIFIED AS LOTS 4 AND 5 IN N. W. COMMERCIAL SITE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, SAID SITE BEING MORE PARTICULAR- LY DESCRIBED HEREINAFTER IN THE ASSIGNMENT AGREEMENT, A COPY OF SAID ASSIGNMENT AGREEMENT BEING ATTACHED HERETO AMID MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER IS 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 AND TRUST COMPANY, TRUSTEE, AND COASTAL BEND RENT -A -CAR (AVIS), COVERING A COMMERCIAL BUILDING SITE FOR USE AS AN AUTOMOTIVE SERVICE FACILITY AND OTHER RELATED ACTIVITIES, WHICH PLOT IS IDENTIFIED AS LOTS 4 AND 5 IN N. W. COMMERCIAL SITE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, SAID SITE BEING MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE ASSIGNMENT AGREEMENT, A COPY OF SAID AGREEMENT BEING 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 AND TRUST COMPANY, TRUSTEE, AND ASSIGNEE, COASTAL BEND RENT -A -CAR (AVIS), SO AS TO ENABLE THE LESSEE TO BEGIN PREPARATION OF PLANS ON SAID PLOT AND COMMENCE CONSTRUCTION AS QUICKLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUS- PENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT u FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF NOVEMBER, 1970. ATTEST: p CITY FOR ETARY AYO THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: Z / DAY OF N, 1970: CIT ATTO RNEY ASSIGNMENT OF LEASE AUTOMOTIVE SERVICE FACILITY THE STATE OF TEXAS COUNTY OF NUECES This agreement made by and between the Corpus Christi Bank $ Trust Company, Trustee, hereinafter referred to as Assignor, and Coastal Bend Rent -A- Car, Inc., (formerly Avis), 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, HEREINAFTER REFERRED TO AS °CITY °, 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 MUNICIPAL 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 B 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 MUNICIPAL AIRPORT AS A PUBLIC AIRPORT AND ALL USES INCIDENT THERETO, FOR T E BENEFIT OF THE PUBLIC; AND WHEREAS, ASSIGNEE PROPOSES TO ENGAGE IN AUTOMOTIVE SERVICE FACILITY OPERA IONS, AS HEREINAFTER DEFINED, AT THE NEW CORPUS CHRISTI MUNICIPAL AIRPORT: NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND FOR AND IN CON - SIDE TION OF THE CHARGES, FEES, RENTALS, COVENANTS AND AGREEMENTS CONTAINED HERE' , THE PARTIES HERETO 00 HEREBY AGREE AS FOLLOWS: 1. ASSIGNOR HEREBY ASSIGNS To ASSIGNEE FOR ITS EXCLUSIVE USE, SOLELY FOR TIE MAINTENANCE, SERVICE AND STORAGE OF ASSIGNEE'S VEHICLES AND ASSIGNEE HEREB 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 PAR HEREOF, THE SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Lots 4 and 5 of the Northwest Building Site, being a tract of land 200 feet by 200 feet, more particularly described by metes and bounds as follows: Beginning at the most easterly corner of Gulf Coast Aviation, Inc., Assignment; Thence N 450 E with the northeasterly extension of the south- east boundary line of said Gulf Coast Aviation, Inc. Assignment, a distance of 380 feet to a point; Thence N 450 W, a distance of 80 feet to a point, the most southerly corner and point of beginning of the tract herein described; Thence N 450 W, at 100 feet past the most westerly corner of said Lot 4 in all 200 feet to a point for the most westerly corner of said Lot 5 for the most westerly corner of the tract herein described; Thence N 450 E, a distance of 200 feet to a point for the most northerly corner of the tract herein described; Thence S 450 E, at 100 feet past the most northerly corner of said Lot 4, in all 200 feet to a point, the most easterly corner of said Lot 4 for the most easterly corner of this tract; Thence S 450 W, a distance of 200 feet to the most southerly corner of said Lot 4 and the place of beginning of the tract herein described. TO HAVE AND TO HOLD THE SAID PREMISES (HEREINAFTER SOMETIMES CALLED °PREMISES" OR "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 commencing on the date of execution and expiring on November 7, 1977, unless sooner terminated as herein- after provided. 3. A. Assignee, for and during the term hereof, shall pay rent to the City at the annual rate of Eight Hundred Twenty -five Dollars ($825). Said rent shall be payable in equal monthly installments of Sixty -eight and 75/100 Dollars ($68.75). S. THE RENT SHALL BEGIN ONE HUNDRED TWENTY (120) DAYS AFTER THE DATE OF EXECUTION. C. ASSIGNEE HEREBY COVENANTS AND AGREES THAT IT SHALL LANDSCAPE OR CONTRACT FOR LANDSCAPING, AT ITS SOLE EXPENSE ON A PLAN ACCEPTABLE TO THE CITY OF CORPUS CHRISTI, TEXAS, APPROVAL OF ANY REASONABLE PLAN CONFORMABLE TO THAT PREVALENT TO THE PUBLIC BUI LD_I NG LA-016SCAW PLANNING AT THE AIRPORTS NOT TO BE UNREASONABLY WITHHELD, ALL OF THE DEMISED PROPERTY NEAREST THE AIRPORT ENTRANCE ROAD AND VISIBLE FROM THE SAID ENTRANCE ROAD AND OVER ALL OF THE FRONTAGE OF SAID DEMISED PREMISES NOT OCCUPIED BY ASSIGNEES BUILDING OR OTHER COVERING GROUND STRUCTURES. -2- A. ASSIGNEE SHALL HAVE THE RIGHT DURING THE TERM HEREOF AT ITS OWN EXPENSES 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 desirable in connection with its operations at the Airport, subject to the following restrictions: No im- provements may be built over or on the water line easement crossing the approximate center of lot 4 and the southeast corner of lot 5 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 side of lot 4 and the northwest side of lot 5; provided, however, that Assignee shall first submit plans and specifications for all fixed improvements to the Airport Manager for approval, which approval shall not be unreasonably withheld. The term "fixed improvements" whenever used in this lease shall be construed to include all buildings and other struc- tures 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 expiration of this Agreement, 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 Assignee's trade fixtures and personal property, 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 th cEity, 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 Agreement, provided, however, that Assignee shall re- pair any damage to the premises caused by such removal. The failure to remove trade fixtures or other personal property shall not constitute Assignee a hold -over, but all such property not removed within ten days after Assignee receives a written demand for such removal shall be deemed abandoned and thereupon shall be the sole property of the - 3 - • CITY. IT IS UNDERSTOOD THATj FOR PURPOSES OF THIS ARTICLE, THE PHRASE UTRADE FIXTURES" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, ANY SIGNS,- ELECTRICAL OR OTHERWISEj USED TO ADVERTISE ASSIGNEE'S 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 DEVICE 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. 5. 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 DEFUSED PREMISES DURING THE TERM OF THIS AGREEMENT, 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 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 CONDITIONS REASONABLE WEAR AND TEAR AND DAMAGE BY CASUALTY NOT CAUSED BY ASSIGNEE'S NEGLIGENCE EXCEPTED; E. TO OBSERVE AND COMPLY WITH ANY AND ALL REQUIREMENTS 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 INCLUDINGj BUT NOT LIMITED TOE RULES AND REGULATIONS 1. -4- i PROMULGATED FROM TIME TO TIME BY OR AT THE DIRECTION OF THE CITY FOR ADMINIS- TRATION OF THE AIRPORT; F. TO PAY ALL TAXES ASSESSED OR IMPOSED BY ANY GOVERNMENTAL AUTHORITY 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 OBTAINABLE, ON ALL FIXED IMPROVEMENTS ERECTED BY ASSIGNEE ON THE DEMISED PREMISES TO THE FULL INSURABLE VALUE THEREOF, IT BEING UNDERSTOOD AND AGREED THAT FOR PURPOSES 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 CONSTRUCT- ING SAID FIXED IMPROVEMENTS; AND ' N. ASSIGNEE SHALL USE THE PREMISES SOLELY FOR THE MAINTENANCE, SERVICE AND STORAGE OF ASSIGNEE'S VEHICLES, AND NEITHER ASSIGNEE NOR ANY OF ITS_AGENTB, 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, SUBCONTRACTORS AND OTHER REPRESENTATIVES SHALL HAVE THE RIGHT TO ENTER UPON THE DEMISED PREMISES FOR THE FOLLOWING PURPOSES: A. TO INSPECT THE DE141SED 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 TERMS AND CONDITIONS OF THIS AGREEMENT WITH RESPECT THERETO; OR B. TO PERFORM ESSENTIAL MAINTENANCES REPAIR, RELOCATION OR REMOVAL OF EXISTING UNDERGROUND OR OVERHEAD WIRES] PIPES DRAINS, CABLES AND 0 CONDUITS NOW LOCATED ON OR ACROSS THE DEMISED PREMISES, AND TO CONSTRUCT MAINTAIN, REPAIR, RELOCATE AND REMOVE SUCH FACILITIES IN FUTURE IF NECESSARY TO CARRY OUT THE MASTER PLAN OF DEVELOPMENT OF THE AIRPORTS PROVIDED] HOWEVER THAT SAID WORK SHALL IN NO EVENT DISRUPT OR UNDULY INTERFERE WITH THE OPERATIONS OF ASSIGNEE, AND PROVIDED FURTHERS 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, ASSIGNEES OR THIRD PARTIES AS A RESULT OF THE EXERCISE BY THE CITY OF ITS RIGHTS HEREUNDER, 0 PROMULGATED FROM TIME TO TIME BY OR AT THE DIRECTION OF THE CITY FOR ADMINISr TRATION OF THE AIRPORT; F. TO PAY ALL TAXES ASSESSED OR IMPOSED BY ANY GOVERNMENTAL AUTHORITY UPON ANY BUILDING OR OTHER IMPROVEMENT ERECTED OR INSTALLED ON THE DEMISED PREMISES DURING THE TERM OF THIS AGREEMENT;' 0. TO CARRY FIRE AND EXTENDED COVERAGE INSURANCE, IF OBTAINABLE ON ALL FIXED IMPROVEMENTS ERECTED BY ASSIGNEE ON THE DEMISED PREMISES TO THE FULL INSURABLE VALUE THEREOF, IT BEING UNDERSTOOD AND AGREED THAT FOR PURPOSES 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 ASSIGNEES ORIGINAL COST OF CONSVRUCT- ING SAID FIXED IMPROVEMENTS; AND H. ASSIGNEE SHALL USE THE PREMISES SOLELY FOR THE MAINTENANCE, SERVICE AND STORAGE OF ASSIGNEEIS VEHICLES, AND NEITHER ASSIGNEE NOR ANY OF ITS AGENTSS 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, SUBCONTRACTORS 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 TERMS AND CONDITIONS OF THIS AGREEMENT WITH RESPECT THERETO; OR B. TO PERFORM ESSENTIAL MAINTENANCES REPAIR, RELOCATION OR REMOVAL OF EXISTING UNDERGROUND OR OVERHEAD WIRESS PIPES DRAINSs CABLES AND CONDUITS NOW LOCATED ON OR ACROSS THE DEMISED PREMISES, AND TO CONSTRUCTS MAINTAIN; REPAIR, RELOCATE AND REMOVE SUCH FACILITIES IN FUTURE IF NECESSARY TO CARRY OUT THE MASTER PLAN OF DEVELOPMENT OF THE AIRPORTS 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 1 /'✓i--1 • • AND THE REPAIR OF ALL DAMAGE TO SUCH FIXED IMPROVEMENTS CAUSED THEREBY, SHALL BE BORNE SOLELY BY THE CITY. 8. ASSIGNEE SHALL INDEMNIFY AND HOLD THE CITY AND ASSIGNOR FOREVER HARMLESS FROM AND AGAINST ALL LIABILITY, LOSS OR EXPENSE IMPOSED UPON THE CITY BY REASON OF LEGAL LIABILITY FOR INJURIES TO PERSONS (INCLUDING WRONGFUL DEATH) AND DAMAGES 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 AND TIMELY NOTICE OF ANY CLAIM MADE AGAINST THE CITY WHICH MAY RESULT IN A 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] FURTHERS THAT ASSIGNEE AND ITS INSURER, OR EITHER OF THEM] SHALL HAVE THE RIGHT TO COMPROMISE AND DEFEND ALL CLAIMS] ACTIONS] SUITS 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 DEFENSE 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 PERSON2 AND NOT LESS THAN $300,000 FOR ANY ACCIDENT INVOLVING INJURY (INCLUDING WRONGFUL DEATH TO MORE THAN ONE PERSONS 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 15 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 PRO- VISIONS OF ANY EXISTING OR FUTURE AGREEMENT BETWEEN THE CITY AND THE UNITED STATES RELATIVE TO THE OPERATION OR MAINTENANCE OF THE AIRPORT, THE EXECU- TION 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 Pr L, rn On i-id i:.TE:w:ieC 3.- Tug ... .:. �..:� r..... ... �C� ......�. �. ^.� ...... ..._ ... .._.- THE EXTENT PERMITTED BY LAW, USE ITS BEST EFFORTS TO CAUSE ANY SUCH AGREEMENT TO INCLUDE PROVISIONS PROTECTING AND PRESERVING THE RIGHTS OF ASSIGNEE IN AND TO THE DEMISED PREMISES AND IMPROVEMENTS THEREONS 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 CITY OR THE UNITED STATES PURSUANT THERETO. 11. THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION, SITUATED IN NUECES COUNTYS TEAS, THE SPONSOR AND OWNER OF THE NEW CORPUS CHRISTI MUNICIPAL AIRPORTS DOES BY ACCE:'TANCE 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 DETERMINATION THAT THIS AGREEMENT WAS ENTERED INTO CONTRARY TO LAW AS BETWEEN ASSIGNOR AND ASSIGNEE OR THAT ASSIGNOR, CORPUS CHRISTI 6ANK & TRUST COMPANYO 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 A GOOD AND VALID ASSIGNMENT.OR LEASE OF THE SPACE HEREINBEFORE DESCRIBED. IT IS 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 ASSIGNOR, ASSIGNEE OR THE CITY ARE BOUND BY ANY OF THE TERMS OR CONDITIONS SET FORTH HEREIN. 12. THE CITY SHALL HAVE THE RIGHT UPON WRITTEN NOTICE TO ASSIGNEE 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 CON- TINUING: 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 GOVERNMENTS OR CONSENT TO THE APPOINTMENT OF A RECEIVER, TRUSTEE, OR LIQUIDATOR OF ALL OR SUBSTANTIALLY ALL OF THE PROPERTY OF ASSIGNEE; B. IF BY ORDER OR DECREE OF A COURT OF CO14PETENT JURISDICTION ASSIGNEE SHALL BE ADJUDGED BANKRUPT OR AN ORDER SHALL BE MADE APPROVING A PETITION SEEKING ITS REORGANIZATIONS OR THE READJUSTMENT OF ITS INDEBTEDNESS UNDER THE FEDERAL BANKRUPTCY LAWS OR ANY LAW OR STATUTE OF THE UNITED STATES -7- G' OR ANY STATES TERRITORY OR POSSESSION THEREOF OR UNDER THE LAW OF ANY OTHER STATES NATION OR GOVERNMENTS PROVIDEDj THAT IF ANY SUCH JUDGMENT OR ORDER BE STAYED OR VACATED WITHIN NINETY (90) DAYS AFTER THE ENTRY THEREOF ANY NOTICE OF CANCELLATION GIVEN SHALL BE AND BECOME VOID AND OF NO EFFECT; C. IF BY OR PURSUANT TO ANY ORDER OR DECREE OF ANY COURT OR GOVERNMENTAL AUTHORITY, BOARD, AGENCY, OR OFFICER HAVING JURISDICTIONS A RECEIVERS TRUSTEES 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 CAN- CELLATION SHALL BE AND BECOME NULLS VOID AND OF NO EFFECT; �.,:... D. IF ASSIGNEE SHALL VOLUNTARILY ABANDON AND DISCONTINUE THE CONDUCT 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 DEFAULT WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY ASSIGNEE OF WRITTEN DEMAND FROM THE CITY SO TO DO, OR IFS 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 D0, THEN, IF ASSIGNEE SHALL HAVE FAILED TO COMMENCE THE REMEDYING OF SUCH DEFAULT WITHIN SAID THIRTY (30) DAYS FOLLOWING SUCH WRITTEN NOTICES OR HAVE SO COMMENCED, SHALL FAIL THERE- AFTER 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, EARTHQUAKES WAR, STRIKE OR OTHER CALAMITY BEYOND ASSIGNEES CONTROL. IN THE EVENT OF ANY CANCELLATION OR TERMINATION OF THIS AGREEMENT B C:.. ..._ _. ..L!! ::_....._ -_ S EC!F!E lu TMIc APTIrI.F 12; A11. FIRFO IMPROVEMENTS ERECTED OR INSTALLED 114 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 RIGHTS 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: e A. THE ISSUANCE BY ANY COURT OF COMPETENT JURISDICTION OF AN INJUNCTIONS ORDER OR DECREE PREVENTING OR RESTRAINING THE USE BY ASSIGNEE OF ALL OR ANY SUBSTANTIAL PART OF THE DEMISED PREMISES OR PREVENTING OR RESTRAIN- ING 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 ASSIGNEES 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 COM14ENCE TO REMEDY SUCH DEFAULT WITHIN SAID THIRTY (30) DAYS FOLLOWING RECEIPT OF SUCH WRITTEN DEMANDS 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 AIRPORT IN SUBSTANTIALLY THE SAME MANNER AND TO THE SAME EXTENT AS THERETO- FORE CONDUCTED FOR A PERIOD OF AT LEAST NINETY (90) DAYS, BECAUSE OF (1) ANY LAW, OR (11) ANY RULES ORDER., JUDGMENT, DECREES REGULATIONS OR OTHER ACTION OR NONACTION OF ANY GOVERNMENTAL AUTHORITY, BOARD, AGENCY OR OFFICER HAVING JURISDICTION THEREOF] D. IF THE FIXED IMPROVEMENTS PLACED UPON THE DEMISED PREMISES SHALL BE TOTALLY DESTROYED, OR SO EXTENSIVELY DAMAGED THAT IT WOULD BE IMPRACTICABLE OR UNECONOMICAL TO RESTORE THE SAME TO THEIR PREVIOUS CONDITION AS TO WHICH ASSIGNEE SHALL BE THE SOLE JUDGE. IN ANY SUCH CASE, THE PROCEEDS BETWEEN THE CITY AND ASSIGNEES THE CITY RECEIVING THE SAME PROPORTION OF -9- 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 INSURABLE 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 PROMPTNESSS AND SHALL BE ENTITLED TO RECEIVE AND APPLY THE PROCEEDS OF ANY INSURANCE COVERING SUCH LOSS TO SAID RESTORATION, IN WHICH EVENT THIS AGREE- MENT SHALL NOT BE CANCELLED BUT SHALL CONTINUE IN FULL FORCE AND EFFECT, AND IN SUCH CASE ANY EXCESS THEREOF SHALL BELONG TO ASSIGNEE; 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 INSTRU14ENTALITY OF THE UNITED STATES GOVERNMENT OR ANY STATE OR LOCAL GOVERN- MENT SHALL OCCUPY THE AIRPORT OR A SUBSTANTIAL PART THEREOF, OR IN THE EVENT OF MILITARY MOBILIZATION OR PUBLIC EMERGENCY WHEREIN THERE 13 A CURTAILMENTS EITHER BY EXECUTIVE DECREE OR LEGISLATIVE ACTIONS OF NORMAL CIVILIAN TRAFFIC A.T SHE AIRPORT OR OF THE USE OF MOTOR VEHICLES -OR AIRPLANES BY THE GENERAL PUBLICS OR A LIMITATION 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 SUB- STANTIAL DIMINUTION OF ASSIGNEES 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. H. ASSIGNEE SHALL HAVE THE RIGHT TO TERMINATE THIS ASSIGNMENT IF A MAJOR PORTION OF THE SCHEDULED AIRLINE SERVICE TO THE CORPUS CHRISTI AREA IS 14OVED FROM THE MUNICIPAL AIRPORT TO SOME OTHER AIRPORT. 14. A. IN THE EVENT THAT AT ANY TIME DURING THE TERM OF THIS ASSIGNMENT OF LEASE ASSIGNEE SHALL NO LONGER HAVE A CONCESSION RIGHT TO PPOY!DF pcprni rqp FEPV1-*P Til T14F TRAVELLING PUBLIC FROM FACILITIES LOCATED -iQ- i IN THE TERMINAL BUILDING AT THE AIRPORT PURSUANT TO A SEPARATE CONTRACT THEREFOR BETWEEN CITY AND ASSIGNEE, ANYTHING HEREIN TO THE CONTRARY NOTWITH- STANDING, THIS SHALL NOT CONSTITUTE A DEFAULT ON THE PART OF ASSIGNEE AS TO ANY OF ITS OBLIGATIONS UNDER THIS ASSIGNMENT OF LEASE AND SHALL NOT BE CONSTRUED AS GIVING THE CITY A RIGHT TO CANCEL THIS ASSIGNMENT OF LEASE. HOWEVER, ON ALL BUSINESS GENERATED AT THE AIRPORT, ASSIGNEE SHALL PAY THE CITY A PERCENTAGE OF GROSS RECEIPTS EQUIVALENT TO OF THE AVERAGE RATE PAID BY THE THEN EXISTING CAR RENTAL CONCESSIONAIRE OPERATING IN THE TERMINAL BUILDING. B. ASSIGNEE SHALL HAVE THE RIGHT TO ASSIGN THIS ASSIGNMENT OF LEASE TO A CAR RENTAL CONCESSIONAIRE 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 -1N ANY WAY SUCH LAWFUL RIGHTS AS ASSIGNEE MAY HAVE NOW OR IN FUTURE TO MAINTAIN CLAIMS AGAINST THE FEDERAL, STATE OR MUNICIPAL GOVERNMENT, OR ANY DEPARTMENT OR AGENCY THEREOF, OR AGAINST ANY INTERSTATE BODY, COMMISSION OR AUTHORITY, OR OTHER PUBLIC OR PRIVATE BODY EXERCISING GOVERNMENTAL POWERS, FOR DAMAGES OR COMPENSATION BY REASON OF THE TAKING OR OCCUPATION, BY CONDEM- NATION OR OTHERWISE, OF ALL OR A SUBSTANTIAL PART OF TOE DEMISED PREMISES, INCLUDING FIXED IMPROVEMENTS THEREON, OR OF ALL OR A MATERIAL PART OF THE AIRPORT WITH ADVERSE EFFECTS UPON ASSIGNEES 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 SUBCONTRACTORS UPON THE DEMISED PREMISES OR ARISING OUT OF OF Br Cn USE OF TXE Cr ANY '_'Onn OR L._.^ UPON 1.n THE FUr.XIS:! :NC OF ANY MATERIALS FOR USE AT SAID PREMISES, BY OR AT THE DIRECTION OF ASSIGNEE. Q� i 18. IN COMPUTING ASSIGNEE'S TIME WITHIN WHICH TO COMMENCE CONSTRUC- TION 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. 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: City Manager P. 0. Box 9277 Corpus Christi, Texas 78408 For Lessee: Coastal Bend Rent -A -Car, Inc. P. 0. Box 4875 Corpus Christi, Texas 78408 OR TO SUCH OTHER ADDRESS AS THE PARTY TO BE GIVEN SUCH NOTICE SHALL FROM TIME TO TIME DESIGNATE TO THE OTHER BY NOTICE nivrN IN arrnRnANCE HEREWITH., EXECUTED IN TRIPLICATE ON THIS day of 19- ATTEST: CASH 1 ER ATTEST: CITY SECRETARY APPROVED AS TO L FORM THIS DAY UF' /, Z. CITY ATTORNEY ' ASSIGNEE: COASTAL BEND RENT -A -CAR, INC. BY PRESIDENT CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE BY ACCEPTED AND APPROVED: CITY OF CORPUS CHRISTI, TEXAS BY R. MARVIN TOWNSEND, CITY MANAGER L \ L.J " \\ D:L WG-LL t 25 LENS EASEN:E"T \ -� Ir 4., .. �. Ff -f•. MITT F- 1 So' Foot I � co, U h / �1 \\ �/ � - •\ 1 CD wl 5yy �� - ' —AbTO :ArtK'MG. -- � } lop 1 �, ��__ �o. -�9� :�\ X0.3• ��Fti �1L7N •1. i ° , Corpus ChristiY"Ae4A97a T -xas .td ��ay of TO THE tI NITURS OF TILE CITY COUINCIL 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; I, 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, JO C CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the full aing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. :'Wrangler" Roberts Ronnie Sizemore •i 1: