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Home My WebLink About11338 ORD - 03/07/1973•JRR:}!G:jkh:e 3/7/73 - 2nd i b t AN ORDINANCE AMENDING ORDINANCE NO. 8652, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 1, 1967, SO AS TO AMEND PARAGRAPH 4a OF THE ASSIGNMENT OF LEASE AUTHORIZED BY SAID ORDINANCE NO. 8652, BETVIFEN THE CORPUS CHRISTI BANK fi TRUST COMPANY, TRUSTEE, AND NATIONAL CAR RENTALS OF CORPUS CHRISTI, INC., SO AS TO DELETE PROHIBITION OF CONSTRUCTION OF A BUILDING CLOSER THAN 25 FEET FROM THE SOUTHWEST SIDE OF THE TRACT LEASED BY NATIONAL CAR RENTALS OF CORPUS CHRISTI, INC., TO REMOVE THE FRONT LOT BUILDING RESTRICTION LINE AND TO PROVIDE FOR LAND- SCAPING, AS MORE FULLY SET FORTH HEREINAFTER, AND AS SET FORTH IN THE AMENDMENT OF THE ASSIGNMENT OF LEASE, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; SAVING SAID ORDINANCE NO. 8652 FROM REPEAL EXCEPT AS HEREBY AMENDED; AND DECLARING AN EMERGENCY. • WHEREAS, by Ordinance No. 8652, passed and approved by the City Council on November 1, 1967, an Assignment of Lease was authorized between the Corpus Christi Bank and Trust Company, Trustee, and National Car Rentals of Corpus Christi, Inc., covering commercial building site for use as an automotive service facility and for other related activities, at the Corpus Christi International Airport; and WHEREAS, National Car Rentals of Corpus Christi, Inc., desires to place improvements on its lease area and the construction of these improve- ments necessitates the removal of the front lot building restriction line; and WHEREP_S, 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. 8652, passed and approved by the City Council on November 1, 1967, be and the same is hereby amended by amending the Assignment of Lease authorized thereby between the Corpus Christi Bank and Trust Company, Trustee, and National Car Rentals of Corpus Christi, Inc., so as to delete from Paragraph 4a of said Assignment of Lease the prohibition of construction of a building closer than 25 feet from the southwest side of the tract leased by the said National Car Rentals of Corpus Christi, inc.OD remove the front lot building restriction line, as more fully set forth in the amendment to the Assignment of Lease, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. 11338 i SECTION 2. That Ordinance No. 8652, passed and approved by the City Council on November 1, 1967, be and the same is hereby amended by amending the Assignment of Lease authorized thereby between the Corpus Christi Bank & Trust Company, Trustee, and National Car Rentals of Corpus Christi, Inc., by adding a new section to make provision for landscaping at the expense of National Car Rentals of Corpus Christi, Inc., and requiring the landscaping plan to be acceptable to the City of Corpus Christi, Texas. SECTION 3. Except as herein and hereby amended, Ordinance No. 8652 and the contract authorized thereby shall be and remain in full force and effect. SECTION 4. 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 5. 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 day of //J , 1973. ATTEST: Ir L City Secrets r MAYORP[0� em THE CITY OF CORPUS CHRISTI, TEXAS R M VED: DAY OF CH, 1973: Zit Attorney • eM • AMENDMENT TO ASSIGNMENT OF LEASE AUTOMOTIVE SERVICE FACILITY THE STATE OF TEXAS X COUNTY OF NUECES X 0 WHEREAS, on November 7, 1967, an Assignment of Lease was entered into by and between the Corpus Christi Bank & Trust Company, Trustee, and National Car Rentals of Corpus Christi, Inc., for the maintenance E and operation by National Car Rentals of Corpus Christi, Inc., of an auto- motive service facility at the Corpus Christi International Airport, and approval of the Assignment was given by the City of Corpus Christi; and WHEREAS, National Car Rentals of Corpus Christi, Inc., is desirous of placing additional improvements on the leased premises and has requested removal of the front lot building restriction line, and the City of Corpus Christi is agreeable to removal of the said building restriction line: NOW, THEREFORE, the Assignment of Lease heretofore entered into is hereby amended by amemiing paragraph 4a to hereafter read as 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 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 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 ten feet (10') from the southeast and northwest sides of the lot. Provided, however, that Assignee shall first submit plans and specifications for all fixed improve- ments to the City Council 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 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 r 0 structure to which same shall be attached. Upon termination or 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, and be removed therefrom at Assignee's 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 ". NOW, THEREFORE, the Assignment of Lease heretofore entered into is hereby amended by amending paragraph 3 by adding a new subsection thereto, designated as "C." to read as follows: 113. C. Assignee hereby covenants and agrees that it shall landscape or contract for landscapin;, 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 publ2c building landscape planning at the Airport, 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 Assignee's building or other covering ground structures." Except as herein and hereby amended, the terms and conditions of the Assignment of Lease heretofore entered into on November 7, 1967, shall remain in full force and effect. -2- EXECUTED IN TRIPLICATE on this the day of , 1973. ASSIGNEE: NATIONAL CAR RENTALS OF CORPUS CHRISTI,INC. ATTEST: sy. CORPUS CHRISTI BANK & TRUST COMPANY, Secretary TRUSTEE By APPROVED AND ACCEPTED: ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary By 77� APPROVED: L R. Marvin Townsend, City Manager #z4&V"-e- % City Attorney " 444 I O:L WC:LL i CA SE M , • \ry \ \ _ _ - KG 3UILD :'JGS FP ,%`+4TTE7 • \• \ �� If'A�Fr.c.., JS F'gS MITTED f I AUTO :AkWNG — \ � •n r to r % ' '.� \ \� ��1_ ter• +� I ��'�. .-" —'- _.. _1A 1 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; 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. RESPECTF LLY, MAYOR Pro-Tem THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED-BY THE FOLLOWING VOTE: RONNIE SIZEMORE /Ixy J_pyl . CHARLES A.'BONNIWELL - ROBERTO BOSQUEZ, V.D. REV. HAROLD T. BRANCH - • THOMAS V. GONZALES , � Q,e. • - GABE L02AN0 $R. • V. 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