HomeMy WebLinkAbout10710 ORD - 02/16/19722/16/72•:e
AN ORDINANCE
AUTHORIZING THE CITY MANAGER OF THE CITY OF
CORPUS CHRISTI TO ACCEPT AND APPROVE AN
EXTENSION OF AN ASSIGNMENT AGREEMENT BETWEEN
CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE,
AND HERSHEL AND LYDA N. CHANCE, D /B /A C & T
GIFTS AND NEWS, SAID EXTENSION TO BE FOR A
PERIOD OF FIVE (5) YEARS, COVERING THE NEWS-
STAND FACILITIES AT CORPUS CHRISTI INTERNATIONAL
AIRPORT, A COPY OF SAID EXTENSION AGREEMENT BEING
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 of the City of
Corpus Christi is hereby authorized to approve and accept an
Extension of an Assignment Agreement between Corpus Christi
Bank and Trust Company, Trustee, and Hershel and Lyda N. Chance,
dba C & T Gifts and News, covering the newsstand facilities at
the Corpus Christi International Airport, which Assignment
Agreement was authorized by Ordinance No. 8230, passed and
approved on November 2, 1966. Said Extension will be for a
period of five (5) years, to commence on March 1, 1972 and
terminate on February 28, 1977, under the same terms and
conditions as the original Assignment Agreement.
SECTION 2. The necessity to approve and accept the
above described Extension of Assignment Agreement covering these
facilities at Corpus Christi International Airport, 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 that
such emergency and necessity 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
10710
f / S
ACCORDINGLY SO ORDAINED, this the 16th day of February, 1972.
ATTEST-
City Secr tar / OR 4W& THE CITY
OF CORPUS CHRISTI, TEXAS
APPROVED:
T=S16T D ; OF FEBRUARY, 1972:
A,t,� Ci y Attorney
2- 16- 72:vmp
AGREEMENT TO EXTEND ASSIGNMENT
NEWSSTAND CONCESSION
THE STATE OF TEXAS II
COUNTY OF NUECES ]
This Agreement, made by and between the Corpus Christi Bank & Trust
Company, Trustee, hereinafter referred to as Assignor, and Hershel and Lyda N.
Chance, dba C & T Gifts and News, whose address is 724 Savage Lane, Corpus
Christi, Texas, hereinafter referred to as Assignee,
WITNESSETH:
WHEREAS, by Ordinance No. 8230, passed and approved on November 2, 1966,
the City of Corpus Christi approved and accepted an Assignment Agreement between
the Corpus Christi Bank and Trust Company, Trustee, and Hershel and Lyda N.
Chance, dba C & T Gifts and News, for a term of five (5) years; a copy of which
Assignment Agreement is attached hereto, marked Exhibit "A "; and
WHEREAS, Assignor agrees to extend this Assignment Agreement for a
period of five (5) years:
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 agrees to extend that certain Assignment Agreement entered
into by and between Assignor and Assignee on November 3, 1966, with regard to
the Newsstand Concession at Corpus Christi International Airport, Nueces County,
Texas, for a period of five (5) years, said 5 -year term to begin on March 1, 1972,
and terminate on February 28, 1977.
2. Assignor and Assignee agree that all terms and conditions of the
original Assignment are hereby incorporated by reference as if fully set out
herein and the parties are to be bound thereby as in the original Agreement.
EXECUTED IN DUPLICATE on this the day of February, 1972.
ATTEST:
Secretary
ATTEST:
ASSIGNEE:
C & T GIFTS AND NEWS
Hershel B. Chance, Partner
Lyda N. Chance, Partner
ASSIGNOR:
CORPUS CHRISTI BANK & TRUST COMPANY,
TRUSTEE
ACCEPTED AND APPROVED:
City Secretary
APPROVED:
DAY OF FEBRUARY, 1972:
,�J�;�/: City tto ney
CITY OF CORPUS CHRISTI, TEXAS
By
R. Marvin Townsend, City Manager
TDM:•Bjw:11 /1166 .
ASSIGNMENT
NEWSSTAND CONCESSION
THC STATE GE TEXAS X
COUNTY OF NUECES
THIS AGREEMENT MADE BY AND BETWEEN THE CORPUS CHRISTI BANK & TRUST
COMPANY, TRUSTEE, HEREINAFTER REFERRED TO AS ASSIGNOR, AND HERSHEL AND LYDA
N. CHANCE, DBA C &. T'GIFTS AND NEWS, WHOSE ADDRESS IS 724 SAVAGE LANE,
' CORPUS CHRISTI, TEXAS, HEREINAFTER REFERRED TO AS ASSIGNEE,
W I TWESSETH-
WHEREAS, THE ASSIGNOR HEREIN, THE CORPUS CHRISTI BANK Pic TRUST
COMPANY, TRUSTEE, HAS BY AGREEMENT WITH THE CITY OF CORPUS CHRISTI, LEGALLY
BECOME THE LESSEE OF CERTAIN LANDS AND PORTIONS OF THE TERMINAL BUILDING
LOCATED WITHIN THE SITE OF CORPUS CHRISTI INTERNATIONAL AIRPORT, NUECES
COUNTY, TEXAS AND
WHEREAS, THE AFORESAID AGREEMENT BETWEEN THE CORPUS CHRISTI BANK Bc
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, 1939; AND
WHEREAS, THE CITY OF CORPUS CHRISTI MAINTAINS AND OPERATES CORPUS
`CHRISTI INTERNATIONAL AIRPORT AS A PUBLIC AIRPORT AND ALL USES INCIDENT
THERETO, FOR THE BENEFIT OF THE PUBLIC; AND
WHEREAS, ASSIGNEE PROPOSES TO ENGAGE IN THE - BUSINESS OF OPERATING
A GIFT SHOP AND NEWSSTAND CONCESSION, AS HEREINAFTER MORE PARTICULARLY DEFINED;
AND
WHEREAS, ASSIGNOR DEEMS
IT ADVANTAGEOUS TO ASSIGN UNTO
ASSIGNEE A E
f
CERTAIN PORTION OF THE LANDS LEASED
8Y ASSIGNOR FROM THE CITY OF
F
CORPUS
CHRISTI, COMPRISING APPROXIMATELY
ONE HUNDRED (100) SQUARE FEET,
AS HEREIN-
AFTER MORE PARTICULARLY DESCRIBED,
TOGETHER WITH THE RIGHT TO USE A PORTION k
OF THE TERMINAL BUILDING AND THOSE
PRIVILEGES, RIGHTS, USES AND
INTERESTS
t
INCIDENT THERETO, AS HEREINAFTER SET
OUT; AND
}
Z-'-X ff 1,8 / T
WHEREAS, ASSIGNEE DESIRES TO OBTAIN ANDAVAIL ITSELF OF THE LAND
TOGETHER WITH THE RIGHT TO USE THE PORTION OF SAID TERMINAL BUILDING, AS
HEREINAFTER DESCRIBED,' AND OF THOSE PRIVILEGES, RIGHTS, USES 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 CON-
TAINED HEREIN, THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS:
ARTICLE I
DESCRIPTION OF ASSIGNED SPACE
ASSIGNOR DOES HEREBY ASSIGN UNTO ASSIGNEE, SUBJECT TO ALL OF THE
TERMS, CONDITIONS AND COVENANTS OF THIS AGREEMENT, ALL OF THAT CERTAIN
PARTICULAR TRACT OF LAND CONTAINING ONE HUNDRED (100) SQUARE FEET AS SHOWN
AND DESCRIBED ON THE ATTACHED DRAWING MARKED EXHIBIT "B" AND AS OUTLINED
THEREIN. IN ADDITION TO SAID TRACT OF LAND, THE ASSIGNEE HEREIN IS HEREBY
GIVEN THE PRIVILEGE AND RIGHT TO USE THE AREA WITHIN THE TERMINAL BUILDING
AT CORPUS CHRISTI INTERNATIONAL AIRPORT DESIGNATED AND DESIGNED FOR USE AS
A GIFT SHOP AND NEWSSTAND CONCESSION, AS SHOWN AND DESCRIBED ON THE ATTACHED
EXHIBIT, MARKED EXHIBIT "A!'. THE AFORESAID EXHIBITS, WHICH ARE ATTACHED
HERETO, AND ARE MADE A PART HEREOF FOR ALL INTENTS AND PURPOSES AS IF COPIED
VERBATIM HEREIN. THE PRIVILEGE AND RIGHT TO USE THE AREA WITHIN THE TERMINAL
BUILDING SHALL BE UPON THE SAME TERMS AND CONDITIONS AS THE ABOVEMENTIONED
TRACT OF LAND. IN THE EVENT THAT IT BECOMES NECESSARY TO MORE ACCURATELY
DESCRIBE THE ASSIGNED TRACT OF LAND OR THE AREA WITHIN THE TERMINAL BUILDING,
THEN THE PARTIES HERETO AGREE THAT A MORE EXACTING DESCRIPTION MAY BE PRE-
PARED AND ATTACHED HERETO AND MADE A PART HEREOF.
ARTICLE II
PARTIES TO THIS AGREEMENT
THE ASSIGNOR HEREIN, THE CORPUS CHRISTI BANK & TRUST COMPANY,
IS THE LESSEE OF THE TRACT OF LAND HEREINABOVE DESCRIBED. THE CITY OF
CORPUS CHRISTI LEGALLY LEASED SAID PREMISES TO THE ASSIGNOR HEREINAFTER
SECURING THE APPROVAL OF THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI
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AT AN ELECTION HELD ON AUGUST 29, 1959. UNDER THE LEASE BETWEEN THE CITY
AND THE ASSIGNOR HEREIN, THE CITY RETAINED THE.RIGHT TO APPROVE ALL ASSIGN-
MENTS AND SUB - LEASES AND TO APPROVE THE TERMS AND CONDITIONS CONTAINED
THEREIN: THIS AGREEMENT IS AN ASSIGNMENT OF THE ABOVE DESCRIBED TRACT OF
LAND FROM THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, TO THE ASSIGNEE
HEREIN, HERSHEL AND LYDA N. CHANCE, DBA C & T GIFTS AND NEWS, AND THE CITY
OF CORPUS CHRISTI BY ITS JOINDER HEREIN, AGREES TO ALL OF THE TERMS AND
CONDITIONS CONTAINED HEREIN, INCLUDING THE USE OF THE ABOVE DESCRIBED AREA
' WITHIN THE TERMINAL BUILDING, AND THE CITY FURTHER AGREES THAT IN THE EVENT
OF A JUDICIAL DETERMINATION THAT THIS ASSIGNMENT AGREEMENT WAS ENTERED INTO
.,..C.ONTRARY TO L'AW, -OR THAT ?HE LEASE FROM THE CITY TO THE ASSIGNOR HEREIN WAS
ENTERED INTO CONTRARY TO LAW, THEN THE CITY AGREES TO TAKE WHATEVER REASONABLE
NECESSARY STEPS MAY BE REQUIRED TO PROVIDE THE ASSIGNEE HEREIN WITH A GOOD
AND VALID LEASE OR ASSIGNMENT OF THE SPACE HEREINABOVE DESCRIBED. IT IS
UNDERSTOOD, HOWEVER, THAT THIS AGREEMENT AND ASSIGNMENT MUST BE ACCEPTED AND
APPROVED BY THE CITY, IN WRITING NOTED HEREIN, BEFORE THE CITY IS BOUND BY
ANY OF THE TERMS OR CONDITIONS SET FORTH HEREIN.
ARTICLE III
PRIVILEGES, RIGHTS, USES AND INTERESTS
't IN ADDITION TO THE PRIVILEGES, RIGHTS, USES AND INTERESTS ATTACH
ING TO THE ASSIGNED PREMISES BY VIRTUE OF THE LEASE, THE FOLLOWING USES,
RIGHTS AND INTERESTS ARE HEREBY AGREED UPON BY AND BETWEEN THE PARTIES;
A. USE OF PREMISES. ASSIGNEE SHALL USE THE ABOVE DESCRIBED PRE-
MISES FOR THE OPERATION OF THE NEWSSTAND CONCESSION, AS HEREINAFTER DEFINED.
NO OTHER USE SHALL BE MADE OF THE ASSIGNED PREMISES WITHOUT THE SPECIFIC
PERMISSION OF THE CITY OF CORPUS CHRISTI PRIOR TO THE BEGINNING OF ANY
OTHER USE.
B. DEFINITION. THE NEWSSTAND CONCESSION AS HEREINAFTER REFERRED
TO IS HEREBY DEFINED AS THE BUSINESS OF PURCHASING, STORING, DISPLAYING AND
SELLING NEWSPAPERS, MAGAZINES, PERIODICALS, TOBACCO PRODUCTS, NOVELTY AND
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GIFT ITEMS AND OTHER SIMILAR RELATED ITEMS REASONABLY AND NORMALLY SOLD
THROUGH THIS TYPE OF A CONCESSION.
C. GENERAL PRIVILEGES, RIGHTS, USES AND.INTERESTS. IN ADDITION
TO THE ABOVE DESCRIBED ASSIGNED SPACE, ASSIGNEE HEREIN SHALL HAVE THE RIGHT
TO USE THE PUBLIC AREAS AND PUBLIC AIRPORT FACILITIES INCLUDING THE USE OF
THE AREA IMMEDIATELY SOUTH OF THE TERMINAL BUILDING, WHICH IS DESIGNATED AS
THE SERVICE COURT, IN COMMON WITH OTHERS SO AUTHORIZED. IT IS MUTUALLY
AGREED, HOWEVER, THAT THE BIGHT TO USE THE PUBLIC AIRPORT FACILITIES SHALL
BE EXERCISED SUBJECT TO AND IN ACCORDANCE WITH THE RULES AND REGULATIONS
OF THE FEDERAL AVIATION AGENCY, THE LAWS OF THE STATE OF TEXAS, IF ANY, AND
.nLN ;ACCORDANCE :WITH - ALL"- RE'A50NABLE AND'APPLICABLE RULES, REGULATIONS AND
ORDINANCES OF THE CITY OF CORPUS CHRISTI.
D. SPECIAL PRIVILEGES, RIGHTS, USES AND INTERESTS. IN ADDITION
TO THE ABOVE PRIVILEGES, RIGHTS, USES AND INTERESTS, ASSIGNEE SHALL HAVE
THE FOLLOWING SPECIAL PRIVILEGES, RIGHTS, USES AND INTERESTS:
ASSIGNEE SHALL BE ENTITLED TO PLACE AND ERECT SIGNS AND ADVERTISING
MATERIAL WITHIN THE ASSIGNED PREMISES AND AT OTHER LOCATIONS ON THE AIRPORT
PROVIDED THE SIZE AND SHAPE OF SUCH SIGNS AND OTHER ADVERTISING MATERIALS
SHALL CONFORM TO THE GENERAL APPEARANCE OF THE AIRPORT AND THE BUILDINGS
. LOCATED THEREON AND PROVIDED THAT PERMISSION IS OBTAINED FROM THE CITY OF
CORPUS CHRISTI PRIOR TO THE INSTALLATION OF ANY SIGN OR ADVERTISING MATERIAL
AT ANY LOCATION OUTSIDE OF THE ASSIGNED PREMISES.
E. EXCLUSIVE PRIVILEGES, RIGHTS, USES AND INTERESTS. IT IS
UNDERSTOOD BY AND BETWEEN THE PARTIES HERETO, THAT THE ASSIGNEE HEREIN
SHALL HAVE THE EXCLUSIVE PRIVILEGE AND RIGHT TO OPERATE A GIFT SHOP AND
NEWSSTAND CONCESSION WITHIN THE TERMINAL BUILDING AREA AT CORPUS CHRISTI
INTERNATIONAL AIRPORT. IT IS SPECIFICALLY AGREED THAT NEITHER THE ASSIGNOR
HEREIN NOR THE CITY OF CORPUS CHRISTI SHALL GRANT THESE SAME PRIVILEGES AND
RIGHTS TO ANY OTHER PARTY DURING THE TERM OF THIS ASSIGNMENT AND AGREEMENT.
F. PRIVILEGES, RIGHTS, USES AND INTERESTS EXCLUDED. IT IS SPECI-
FICALLY, AGREED AND STIPULATED THAT THE FOLLOWING PRIVILEGES, RIGHTS, USES
AND INTERESTS ARE EXCLUDED FROM THIS ASSIGNMENT:
1. GROUND TRANSPORTATION FOR HIRE
2. WESTERN UNION;
AUTOMOBILE RENTAL SERVICE;
ADVERTISING CONCESSIONS EXCEPT FOR THE ADVERTISING
THAT MAY BE DONE WITHIN THE ASSIGNED PREMISES;
5. THE SALE OF FOOD AND DRINK;
6. THE SALE OF FLIGHT AND /OR TRIP INSURANCE EITHER BY
MACHINE OR PERSONALLY BY EMPLOYEES OR AGENTS OR IN
ANYWISE SELLING INSURANCE AT ANY PLACE ON AIRPORT
PROPERTY.
ARTICLE IV
ACCEPTANCE OF PREMISES
ASSIGNEE ACKNOWLEDGES THAT THE PREMISES HAVE BEEN INSPECTED AND
DOES HEREBY AGREE TO AND DOES ACCEPT THE ASSIGNED PREMISES AND ALL FIXTURES
LOCATED THEREIN OWNED BY THE CITY OF CORPUS CHRISTI. ASSIGNEE FURTHER
AGREES THAT NO ALTERATION OR MODIFICATION OF THE EXISTING FIXTURES, INCLUD-
ING SHOWCASES AND OTHER EQUIPMENT, AND NO INSTALLATION OF ADDITIONAL FIXTURES
i
MAY BE MADE WITHOUT FIRST OBTAINING THE APPROVAL OF THE AIRPORT MANAGER.
IF THE CITY DEEMS IT NECESSARY TO RELOCATE THE FACILITIES AND
OPERATION OF THE ASSIGNEE TO ANOTHER SPACE AND THE ASSIGNEE IS NOT AGREEABLE
TO THE RELOCATION, THE ASSIGNEE MAY CANCEL THIS LEASE AFTER FIRST GIVING
30 DAYS' WRITTEN NOTICE OF ITS INTENTION TO CANCEL TO THE CITY .-MANAGER,
POST OFFICE BOX 1622, CORPUS CHRISTI, TEXAS.
ARTICLE V
TERM
THIS ASSIGNMENT AND AGREEMENT SHALL BE FOR A PERIOD OF FIVE (5)
YEARS, SUBJECT TO THE RIGHT OF TERMINATION HEREINAFTER PROVIDED. THE TERM
SHALL COMMENCE ON THE 15TH DAY OF FEBRUARY, 1967, AND SHALL T= RMINATE FIVE
(5) YEARS FROM SAID DATE.
ARTICLE VI
RENT
ASSIGNEE AGREES TO PAY THE CITY OF CORPUS CHRISTI, AND THE CITY
OF CORPUS CHRISTIAGREES TO ACCEPT A RENTAL OF ONE HUNDRED TWENTY -FIVE
-5-
DOLLARS ($125.00) PER MONTH FOR THE FIRST TWO YEARS AND 025-00 PER I4ONTH
OR FIVE PERCENT (5%) OF GROSS REVENUE FOR THE LAST THREE YEARS WHICHEVER
IS GREATER, FOR THE USE AND OCCUPANCY OF THE ASSIGNED PREMISES AND FOR THE
PRIVILEGES RIGHTS, USES AND INTERESTS AS ABOVE SET FORTH.
THE FIRST MONTHS RENTAL SHALL BE PAID IN ADVANCE PRIOR TO THE
DATE THE NEWSSTAND IS PLACED IN OPERATION BY ASSIGNEE AND IN NO EVENT LATER
THAN FEBRUARY 15, 1907. THEREAFTER THE RENTALS TO BE PAID BY ASSIGNEE HEREIN,
SHALL BE DUE AND PAYABLE ON A MONTHLY BASIS. AT THE END OF EACH MONTH DUPING
THE TERM OF THIS ASSIGNMENTS ASSIGNEE SHALL PREPARE A WRITTEN REPORT SHOWING
THE GROSS INCOME FROM THE NEWSSTAND CONCESSION, AS 'HEREINABOVE DESCRIBED
—ANDrSUBM'IT ISA'1'D "REPORT "TO -THE CITY ALONG WITH THE RENTAL TO BE PAID THEREFOR.
SAID REPORT AND PAYMENT SHALL BE SUBMITTED AND PAID NO LATER THAN THE FIFTEENTH
15TH) DAY OF THE MONTH FOLLOWING THE MONTH FOR WHICH PAYMENT IS BEING MADE.
AT THE END OF THE THIRD, FOURTH AND FIFTH YEARS UNDER THIS ASSIGNMENT, ASSIGNEE
SHALL PREPARE A STATEMENT SHOWING WHETHER OR NOT 5% OF THE GROSS INCOME FROM
THE NEWSSTAND CONCESSION EQUALS OR EXCEEDS $125.00 PER MONTH. IN THE EVENT
THAT SAID 5% OF THE GROSS INCOME EXCEEDS $125.00 PER MONTH,.THEN ASSIGNEE
AGREES TO PAY THE DIFFERENCE AT THE SAME TIME AS THE MONTHLY PAYMENT FOR
THE PRECEDING MONTH. -
ALL RENTALS TO BE PAID HEREUNDER SHALL BE PAID TO THE AIRPORT
MANAGER. - -
ARTICLE VII
UNDERTAKINGS OF THE CITY OF CORPUS CHRISTI
THE CITY HEREIN, AS PART OF THE CONSIDERATION, COVENANTS AND
AGREES AS FOLLOWS:
A. To OPERATE THE CORPUS CHRISTI INTERNATIONAL AIRPORT AS A
PUBLIC AIRPORT DURING THE TERM OF THIS ASSIGNMENT, SUBJECT TO AND CONSIST-
ENT WITH AND PURSUANT TO THE SPONSORS ASSURANCES GIVEN BY THE CITY TO THE
UNITED STATES GOVERNMENT UNDER THE FEDERAL AIRPORT ACT, AND SUBJECT TO THE
CONDITIONS AND HAPPENINGS CONTAINED IN ARTICLE IX, PARAGRAPH E. OF THIS
ASSIGNMENT.
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B. TO PROVIDE AND MAINTAIN THE NECESSARY HEATING AND COOLING OF
THE ASSIGNED PREMISES AND OF THE PUBLIC AREAS WITHIN THE TERMINAL BUILDING
AT TEMPERATURES WHICH WILL BE COMFORTABLE TO THE USERS THEREOF AND TO PROVIDE
THE NECESSARY LIGHTING AND POWER FOR SUCH LIGHTING WITHIN THE ASSIGNED PREMISES
AND THE PUBLIC AREAS IN THE TERMINAL BUILDING. TO MAINTAIN THE BUILDING AND
THE GROUNDS IN A NEAT AND ORDERLY MANNER, INCLUDING THE NECESSARY JANITORIAL
SERVICE TO ACCOMPLISH SAME WITHIN THE ASSIGNED PREMISES AND THE PUBLIC AREAS.
ARTICLE VIII
UNDERTAKINGS OF ASSIGNEE
THE ASSIGNEE HEREIN AS ADDITIONAL CONSIDERATION HEREOF, HEREBY
"COVENANTS AND AGREES AS FOLLOWS, TO -WIT:
A. ASSIGNEE A GREES THAT IT WILL OPERATE THE NEWSSTAND AND GIFT
SHOP AT LEAST SIXTEEN (16) HOURS A DAY MONDAY THROUGH SATURDAY. THE HOURS OF
OPERATION WILL BE AT LEAST FROM 5:30 O'CLOCK A.M. TO 9 ;30 O'CLOCK P.M. ASSIGNEE
FURTHER AGREES TO KEEP THE NEWSSTAND AND GIFT SHOP OPEN FOR AT LEAST EIGHT
(8) HOURS ON SUNDAYS THE EXACT HOURS OF OPERATION ON SUNDAY TO BE DETERMINED
BY MUTUAL AGREEMENT BETWEEN ASSIGNEE AND THE CITY OF CORPUS CHRISTI.
B. ASSIGNEE AGREES THAT IT WILL AT ALL REASONABLE TIMES FURNISH
GOODS PROMPT AND EFFICIENT SERVICE ADEQUATE TO MEET ALL OF THE DEMANDS FOR
SUCH SERVICE AT THE AIRPORT AND TO FURNISH SAID SERVICE ON A FAIR, EQUAL AND
NON - DISCRIMINATORY BASIS TO ALL USERS THEREOF, AND TO CHARGE A FAIRS REASON-
ABLE AND NON- DISCRIMINATORY PRICE FOR EACH UNIT OF SALE OR SERVICE; PROVIDED
THAT ASSIGNEE WILL BE ALLOWED TO MAKE REASONABLE AND NON - DISCRIMINATORY. DlS-
COUNTS] REBATES OR OTHER SIMILAR TYPE OF PRICE REDUCTIONS TO VOLUME PURCHASERS.
ASSIGNEE SHALL NOT USES SUFFER OR PERMIT ANY PERSON TO USE THE PREMISES HEREIN
ASSIGNED FOR ANY ILLEGAL OR IMMORAL PURPOSES. NO PUBLICATION CONTAINING
IMMORAL INDECENT, OBSCENER OR VULGAR MATTER SHALL BE OFFERED FOR SALE OR
DISTRIBUTION, OR DISPLAYED.
ARTICLE IX
GENERAL PROVISIONS
A. INDEMNIFICATION. IT IS EXPRESSLY UNDERSTOOD AND AGREED BY
AND BETWEEN THE PARTIES HERETO THAT THE ASSIGNEE HEREIN IS AND SHALL BE
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DEEMED TO BE AN INDEPENDENT CONTRACTOR RESPONSIBLE TO ALL PARTIES FOR ITS
RESPECTIVE ACTS OR OMISSIONS AND FOR THOSE OF ITS AGENTS SERVANTS] EMPLOYEES,
INVITEES] TENANTS AND SUBLESSEES IF ANY, AND THE CITY OF CORPUS CHRISTI
SHALL IN NO WAY BE'RESPONSIBLE THEREFOR. ASSIGNEE AGREES TO INDEMNIFY AND
HOLD HARMILESS THE CITY OF CORPUS CHRISTI FROM ANY AND ALL LOSSES THAT MAY
PROXIMATELY RESULT TO THE CITY OF CORPUS CHRISTI FROM ANY NEGLIGENCE] OMISSION
OR COMMISSION, ON THE PART OF ASSIGNEES ASSIGNEE'S AGENTS, SERVANTS EMPLOYEES
AND INVITEES.
B. NOTICES. NOTICES TO THE CITY OF CORPUS CHRISTI SHALL BE DEEMED
SUFFICIENT IF IN WRITING AND MAILED POSTAGE,PREPAIDi ADDRESSED TO CITY
MANAGERS R. 0. <BOX e1622, ,CORPUS CHRISTij TEXAS, OR'TO SUCH OTHER ADDRESS AS
MAY HAVE BEEN DESIGNATED IN WRITING BY THE AIRPORT MANAGER FROM TIME TO TIME.
NOTICES TO ASSIGNEE SHALL BE DEEMED SUFFICIE'N'T IF IN WRITING AND MAILED,
POSTAGE PREPAID ADDRESSED TO ASSIGNEE AT 724 SAVAGE LANES CORPUS CHRISTI TEXAS.
C. TAXES. THE ASSIGNEE AGREES TO PAY ANY AND ALL PERSONAL PROPERTY
TAXES LEVIED FROM TIME TO TIME UPON ANY IMPROVEMENTS PLACED BY IT UPON THE
ASSIGNED PREMISES.
D. ALL OF THE TERMS COVENANTS AND AGREEMENTS HEREIN CONTAINED
SHALL BE BINDING UPON AND SHALL INURE TO THE BENEFIT OF SUCCESSORS AND ASSIGNS
OF THE RESPECTIVE PARTIES HERETO.
E. DESTRUCTION. IN THE EVENT THAT THE ASSIGNEE'S IMPROVEMENTS
OR THE AIRPORT IS DAMAGED OR DESTROYED BY ACTS OF GOD OR THROUGH ENEMY ATTACK
OR FOR ANY OTHER REASON OUTSIDE THE CONTROL OF ASSIGNEE AND/OR THE CITY OF
CORPUS CHRISTI TO SUCH AN EXTENT THAT THE AIRPORT CANNOT BE OPERATED AS AN
AIRPORTS THEN THIS ASSIGNMENT SHALL TERMINATE AND SHALL NO LONGER BE BINDING
ON ANY PARTY HERETO.
IN THE EVENT THAT THE ASSIGNED PREMISES AND IMPROVEMENTS OR THE
OTHER AIRPORT FACILITIES REASONABLE AND NECESSARY FOR ASSIGNEE TO CONDUCT
ASSIGNEE'S BUSINESS ARE PARTIALLY DESTROYED OR DAMAGED DUE TO ACTS OF GOD
OR OTHER ACTS OUTSIDE THE CONTROL OF ASSIGNEE AND /OR THE CITY OF CORPUS
CHRISTI TO SUCH AN EXTENT THAT THE ASSIGNED PREMISES MAY NOT ECONOMICALLY BE
RE
USED FOR THE USES AND PURPOSES FOR WHICH ASSIGNED THEN THIS ASSIGNI•IENT
SHALL BE SUSPENDED DURING THE PERIOD OF SUCH PARTIAL DAMAGE OR DESTRUCTION
AND SHALL NOT BEGIN OR RESUME UNTIL THE DAMAGE HAS BEEN REPAIRED, IT IS
EXPRESSLY UNDERSTOODi HOWEVER] THAT THE CITY OF CORPUS CHRISTI SHALL DETER-
MINE AND SHALL BE THE SOLE JUDGE OF THE EXTENT OF THE DAMAGE OR DESTRUCTION
TO THE AIRPORT AND SHALL HAVE AN OPTION TO EITHER DECLARE THIS ASSIGNMENT
TERMINATED OR SUSPENDED OR TO REPAIR THE AIRPORT FACILITIES OR IN CASE OF
DAMAGE OR DESTRUCTION TO ASSIGNEE'S IMPROVEMENTS TO EITHER DECLARE THE ASSIGN-
MENT TERMINATED, SUSPENDED OR TO REQUIRE ASSIGNEE TO REPAIR' HIS IMPROVEMENTS.
. F. SUBORDINATION. THIS ASSIGNMENT SHALL BE SUBORDINATE TO THE
PROVISIONS OF ANY EXISTING OR FUTURE AGREEMENT BETWEEN THE CITY OF CORPUS
CHRISTI AND THE UNITED STATES RELATIVE TO THE OPERATION OR MAINTENANCE OF
THE AIRPORT, THE EXECUTION OF WHICH HAS BEEN OR MAY BE REQUIRED AS A CONDI-
TION TO THE EXPENDITURE OF FEDERAL FUNDS 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 FROM UNDER THE CONTROL OF THE CITY OF
CORPUS CHRISTI OR TO SUBSTANTIALLY DESTROY THE COMMERCIAL VALUE OF THE
ASSIGNED PREMISES THEN THE CITY OF CORPUS CHRISTI MUST PROVIDE ADEQUATE
PREMISES TO ASSIGNEE OR THIS ASSIGNMENT SHALL TERMINATE AND BE NO LONGER IN
FORCE.
G. TERMINATION. THIS ASSIGNMENT SHALL TERMINATE AT THE END OF
THE PERIOD SET FORTH IN ARTICLE V HEREINABOVEj AND ASSIGNEE SHALL HAVE NO
FURTHER RIGHT OR INTEREST IN ANY OF THE ASSIGNED PREMISES OR IN ANY OF THE
PRIVILEGES, RIGHTS] USES OR OTHER INTERESTS CONTAINED IN THIS ASSIGNMENT,
AND ASSIGNEE AGREES TO VACATE AND TO SURRENDER ALL IMPROVEMENTS AND EQUIP-
MENT OWNED BY THE CITY, UNLESS ASSIGNEE AND THE CITY RENEGOTIATE SAID ASSIGN-
MENT AND ENTER INTO A MUTUALLY SATISFACTORY AGREEMENT EXTENDING THE TERM
HEREOF. ASSIGNEE AGREES TO RETURN ALL IMPROVEMENTS AND EQUIPMENT OWNED BY
J
THE CITY IN GOOD CONDITION, REASONABLE WEAR AND TEAR EXCEPTED.
H. CANCELLATION. DEFAULT OF PAYMENT OF ANY OF THE RENTALS PRO-
VIDED FOR HEREINABOVE SHALL GIVE THE CITY OF CORPUS CHRISTI THE RIGHT TO
TERMINATE THIS ASSIGNMENT AT ANY TIME AFTER THIRTY (30) DAYS NOTICE IN
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WRITING HAS BEEN GIVEN TO ASSIGNEE, UNLESS WITHIN SAID TIME ASSIGNEE HAS
FULLY COMPLIED WITH THE RENTAL PROVISIONS.
DEFAULT OF ANY OF THE OTHER AGREEMENTS ON THE PART OF ASSIGNEE
SHALL LIKEWISE GIVE THE CITY OF CORPUS CHRISTI THE RIGHT TO TERMINATE THIS
ASSIGNMENT AT ANY TIME AFTER THIRTY (30) DAYS NOTICE IN WRITING HAS BEEN
GIVEN TO ASSIGNEE, UNLESS WITHIN SAID TIME ASSIGNEE HAS FULLY COMPLIED WITH
OR CORRECTED THE CONDITIONS, PROVIDED, HOWEVER, THAT THE CITY OF CORPUS
CHRISTI AGREES TO INCLUDE IN SUCH NOTICE A STATEMENT WITH RESPECT TO THE
ARTICLE, AGREEMENT OR CONDITION WHICH THE CITY OF CORPUS CHRISTI CLAIMS
THAT ASSIGNEE IS IN DEFAULT OF.
ARTI`CL'E X
TRANSFER OR ASSIGNMENT
THE WRITTEN AUTHORITY OF THE CITY OF CORPUS CHRISTI SHALL BE
OBTAINED BY ASSIGNEE PRIOR TO ANY SALE, ASSIGNMENT, TRANSFER OR SUBASSIGN-
MENT OF THIS ASSIGNMENT.
EXECUTED IN DUPLICATE ON THIS. DAY OF D , 1966.
ASSIGNEE:
C & T GIFTS AND NEWS
e' HERSHEL B. �fCHANCE, PARTNER -
OL-lL
LYDA N. CHANCE, PARTNER
ASSIGNOR:
CORPUS CHRISTI BANK & TRUST COMPANY,
ATTEST: TRUST
/--,/ BY
_
SW14 iTOBb Bl, Assistant Cashier OGER T. POW-ELL, TRUST OFFICER
ACCEPTED AND APPROVED:
A // TT CITY OF CORPUS CHRIISS�TII, TEXA
TY SECASTAR /Y �� HERBERT W. WHITNEY, CITY ER
APPROVED AS T LEGAL FORM THIS
—3 AY OF , 1966:
CITY ATTO NEY - -
CORPUS CHRISTI, TEXAS
�O 7'0l. DAY OF , 19 Lz
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; I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
,RESPECTFULLY,
YOR �
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE �.
CHARLES A. BONNIWELL
ROBERTO, BOSQUEZ, M.D. ,�C--
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
' GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK -