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Home My WebLink About12740 ORD - 08/06/1975 (2)e:7/30/75 1st AN ORDINANCE AUTHORIZING AN AMENDMENT OF ASSIGNMENT OF LEASE OF THE RESTAURANT FACILITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT, AUTHORIZED BY ORDINANCE NO. 9803, DATED JULY 14, 1970, AND EXTENDED AND AMENDED BY ORDINANCE NO. 10780, DATED APRIL 5, 1972, SO AS TO SET OUT THE NEW RENTAL RATES WHICH WILL BECOME EFFECTIVE AUGUST 1, 1975 THROUGH JULY 31, 1977, AND TO PROVIDE FOR CERTAIN CAPITAL IMPROVEMENTS IN THE RESTAURANT AREA TO BE MADE BY DYNETERIA, INC.; A COPY OF SAID AMENDMENT BEING ATTACHED HERETO, MARKED EXHIBIT "A ",AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there is hereby authorized an amendment to the Assignment of Lease of Restaurant Facilities at Corpus Christi International Airport, authorized by Ordinance 9803, and extended and amended by Ordinance 10780, so as to provide for a renegotiation of rental rates for the period of August 1, 1975 to August 1, 1977, and providing for certain capital improvements to be made by Dyneteria, Inc., as more fully set forth in said amendment, a copy of which, in substantially the same form, is attached hereto, marked Exhibit "A ", and made a part hereof for all pertinent purposes. SECTION 2. The necessity to authorize the aforesaid amendment of lease so that operation of this facility may continue in an orderly manner 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 farce and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the (0 ezk day of , 1975. ATTEST: tz arz MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 3DJH DAY OF JULY 75: �AA City Attorney 12740 B:7/30/75 1st AMENDMENT OF ASSIGNMENT OF LEASE OF RESTAURANT FACILITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I V.1EREAS, Dyneteria, Inc., hereinafter called LESSEE, is the owner as lessee of a lease from the City of Corpus Christi, hereinafter called CITY, covering certain space and fixtures at the terminal building of the Corpus Christi International Airport, which lease was authorized for a period of five (5) years commencing August 1, 1970 by Ordinance No. 9803, passed and approved July 14, 1970; and WHEREAS, Ordinance No. 10780, passed and approved April 5, 1972, authorized a 5 -year extension of said lease, to August 1, 1980, and an amendment thereto providing for a change in the rental rates through July 31, 1975, providing for renegotiation of said rates on August 1, 1975, and providing certain capital improvements to be made by Dyneteria, Inc.; and WHEREAS, Lessee has agreed to replace the carpet in the restaurant area of the premises covered by this lease within six months of the execution of this lease: Now, therefore, in consideration of the premises and for and in consideration of the charges, fees, rental covenants and agreements contained herein, the parties hereto do hereby agree on the following: ARTICLE I The parties mutually agree that the lease, as extended and amended, entered into between the parties be and the same is hereby continued to the date of expiration thereof and the terms and conditions of said lease are continued except as herein amended. ARTICLE II In consideration of the continuation of this lease, Lessee agrees to replace the carpet in the restaurant within six months of the execution of this agreement. The carpet will be of good quality and will be subject to the approval of the Airport Manager. Such approval shall not be arbitrarily withheld. ARTICLE III Lessee agrees to pay the City the following percentages on gross revenue commencing August 1, 1975 and continuing through July 31, 1977: Food Sales - 10% of gross revenue. Alcoholic Beverages (including wine, beer & mixed drinks) 11 1/2% of gross revenue. Both parties agree that the rental rates for the lease will be renegotiated as to food and liquor sales, as well as beer, ale and restaurant gross income effective August 1, 1977. In the event that mutually satisfactory rates are not agreed upon, either party shall have the right to cancel this lease by giving thirty (30) days written notice to the other party. The contract is subject to novation or revision in renegotiation in the event future modifications of the terminal building require relocation, remodeling or alteration of the space occupied hereunder; provided, however, that special consideration shall be given to the avoidance of any reduction In the square footage in the terminal building made available to the concession, and, if such reduction is necessitated, rental will be adjusted accordingly. WHEREFORE, WITNESS OUR HANDS in triplicate binding the respective parties effective the 1st day of August, 1975. SIGNED this day of , 1975. ATTEST: ATTEST: City Secretary APPROVED: DAY OF JULY, 1975: City Attorney DYNETERIA, INC. By Assignor and Lessee Assignee and Sublessee CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager CO/R�PUS CHRISTI, TEXAS CO't*DaYOF �9 %5 TO THE MEWERS OF THE CITY COUNCIL COPPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RE30LUTION 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, i MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON Way DR. BILL TIPTON p.. -f-J EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FWLDWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR, XV EDWARD L. SAMPLE PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lss: County of Nueces. )) Before me, the undersigned, a Notary Public, this day personally .............. Rowena-_ C,-.. Velasguez ........................ who being first duly sworn, according to law, says that he is the �.S•,.S•r.QUxtt inB- .. - - -. ...... ....... .. .... of the Corpus Christi Caller and The Corpus Christi Times, published at Corpus Christi, Texas, in said County and State, and that the publication of ,paily Newspapers p Legals ...•.NOT =CE..IIE..PASSAGE ... OF GRDZNAPIGF+.. DTO..... 12j1�a.. AIITfiDAIZZN� ...AN..AMF•NDMEPIT..'� ; of which the annexed is a true copy, was published in gS2mu+o--- j�hrla -t °� ` �'S- " " "------- " " "- - - - - -- ................. .. on the 13.. day of ------------ AUgus.t ------------ 19- 7.., A>xdcFlRa�c4¢&lt " SR-..------... ---------- ---- -- " ]44LtiS lkm.......•.. a . ".. Tines. ^ � $ ..............14 -7•0 K Rowena C. Velasq e Accountin .... .. gust ........... "......19... ?....... Subscribed and sworn to before me this........ l} ......... da Y ...... Eugenia S'; ------------ otary bhc, Nueces County, Texas c+ a F,