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Home My WebLink About11337 ORD - 03/07/1973JRR/HG/Mc 2/28/73 2ND AN ORDINANCE AMENDING ORDINANCE NO. 9997, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 11, 1970, 50 AS TO AMEND PARA- GRAPH 4A OF THE ASSIGNMENT OF LEASE AUTHORIZED BY SAID ORDINANCE NO. 9997 BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND COASTAL BEND RENT -A -CAR (AVIS) SO AS TO DELETE PROHIBITION OF CONSTRUCTION OF A BUILDING CLOSER THAN 25 FEET FROM THE SOUTHWEST SIDE OF THE TRACT LEASED BY COASTAL BEND RENT -A -CAR, TO REMOVE THE FRONT LOT BUILDING RESTRICTION LINE, AS MORE FULLY SET FORTH HEREINAFTER, AND AS SET FORTH IN THE AMENDMENT TO THE ASSIGNMENT OF LEASE, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A "; AND SAVING SAID ORDINANCE NO. 9997 FROM REPEAL EXCEPT AS HEREBY AMENDED; AND DECLARING AN EMERGENCY. WHEREAS, BY ORDINANCE No. 9997, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 11, 1970, AN ASSIGNMENT OF LEASE WAS AUTHORIZED BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND COASTAL BEND RENT -A- CAR (Avis) COVERING A COMMERCIAL BUILDING SITE FOR USE AS AN AUTOMOTIVE SERVICE FACILITY AND FOR OTHER RELATED ACTIVITIES, AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; AND WHEREAS, COASTAL BEND RENT -A -CAR (Avis) DESIRES TO PLACE IMPROVE- MENTS ON ITS LEASE AREA AND THE CONSTRUCTION OF THESE IMPROVEMENTS NECESSI- • TATES THE REMOVAL OF THE FRONT LOT BUILDING RESTRICTION LINE; AND WHEREAS, THE CITY COUNCIL IS AGREEABLE TO THE REMOVAL OF THE SAID FRONT LOT BUILDING RESTRICTION LINE: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT ORDINANCE No. 9997, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 11, 1970, BE AND THE SAME IS HEREBY AMENDED BY AMENDING THE ASSIGNMENT OF LEASE AUTHORIZED THEREBY BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND THE COASTAL BEND RENT -A -CAR (Avis) SO AS TO DELETE FROM PARAGRAPH 4A OF SAID CONTRACT THE PROHIBITION OF CONSTRUC- TION OF A BUILDING CLOSER THAN 25 FEET FROM THE SOUTHWEST SIDE OF THE TRACT LEASED BY THE SAID COASTAL BEND RENT -A -CAR (Avis), TO REMOVE THE FRONT LOT BUILDING RESTRICTION LINE, AS MORE FULLY SET FORTH IN THE AMENDMENT TO THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. SECTION 2. EXCEPT AS HEREIN AND HEREBY AMENDED, ORDINANCE N0. 9997 AND THE CONTRACT AUTHORIZED THEREBY SHALL BE AND REMAIN IN FULL FORCE AND EFFECT. 113a7 JRR /HG /Mc 2/28/73 2ND • SECTION 3• PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, BY PUBLISHING THE CAPTION OF THIS ORDINANCE, STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 4. THE NECESSITY TO IMMEDIATELY AMEND THE RENT -A -CAR ASSIGNMENT OF LEASE AS HEREINABOVE SET FORTH 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 OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE 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 FROM AND AFTER ITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE 7m— DAY OF FEBRUARY, 1973• ATTES CITY SECRETARY MAYOR rlo•Tem v THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: Z1 D Y OF FEBRUARY, 1973: CIfY ATwRNE Y' AMENDMENT TO ASSIM.W. NT OF LEASE AUTOMOTIVE SERVICE FACILITY THE STATE OF TEXAS X COUNTY OF NUECES WHEREAS, on December 8, 1970, an Assignment of Lease was entered into by and between the Corpus Christi Bank & Trust Company, Trustee, and Coastal Bend Rent -A -Car, Inc., (Formerly Avis), for the maintenance and operation by Coastal Bend Rent -A -Car, Inc.of an automotive service facility at the Corpus Christi International Airport, and approval of the Assignment was given by the City of Corpus Christi; and WHEREAS, Coastal Bend Rent -A -Car, Inc., is desirous of placing additional improvements on the leased premises and has requested removal of the front lot building restriction '_ine, and the City of Corpus Christi is agreeable to removal of the said building restriction line: NOW, THEREFORE, the Assignment of Lease heretofore ente7.ed into is hereby amended by amending paragraph 4A to hereafter read ai:^ follows: 114. 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 servic- ing 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 improvements 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 per- mitted 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 con- strued 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 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 the City, and shall prosecute the work to completion with all diligence; and ". Except as herein and hereby amended, the terms and conditions of the Assignment of Lease heretofore entered into on December 8, 1970, shall remain in full force and effect. EXECUTED IN TRIPLICATE on this the day of , 1973. ATTEST: Secretary ASSIGNEE: COASTAL BEND RENT -A -CAR, INC. By. CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE BY. ATTEST: APPROVED AND ACCEPTED: CITY OF CORPUS CHRISTI, TEXAS City Secretary APPROVED: By, 0�(Zw"� R. Marvin Townsend, City Manager CieAttorney, - Lo \• `i ! Q: s W WELL I i � V . \•`. - \ �., �y - �c -- _- .— '�tt'�::U:�- FF MMITTF •I ' 1 I ~ \ p I >.• G \. t er so' ':c• - L�,00- tQ5CYYIPN�" ! j AIV CO IL Ij ;,A;Zk !1:G — • // cj :a�i ,y" •;l�-�;:. I � - -AUTO - r . . \• \� \� "ate` \' \ y °t` _a. ,�' (_,`.__ '•\`:•;t ; A. `'\ �� \ ',C'i3�i!! � ^.±. a•s - ... I r� r�' `' .. __ i L.— . I CORPUS CHRISTI, TEXAS / DAY OF , 19-2 �L 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 REQUIR. NT 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; 1, 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. "RESPECTFU Y, r R Pco•TeM THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED 13Y THE FOLLOWING VOTES • RONNIE SIZEMORE _ CHARLES A. BONNIWELL ..• ROBERTO BOSQUEZ, M.D. - ' REV. HAROLD T. BRANCH THOMAS V. GONZA LES -_ GAGE LO2ANO, SR. 19 ' "- J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES RONNIE SIZEMORE CHARLES A. BONNIWELL _ ROBERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. ^� J. HOWARD STARK /j L