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HomeMy WebLinkAbout12764 ORD - 08/27/1975JFMcK:JKH:VMR:7- 23- 75;1ST AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT AND APPROVE AN EXTENSION OF THE ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND BRANIFF INTERNATIONAL AIRWAYS, INC., COVERING FUEL STORAGE AT CORPUS CHRISTI INTERNATIONAL AIRPORT, FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE ASSIGN- MENT AGREEMENT, IN SUBSTANTIALLY--THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "N'. BE IT ORDAINED BY THE CITY COUNCLL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO ACCEPT AND APPROVE AN EXTENSION OF THE ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI 13ANK'& TRUST COMPANY, TRUSTEE, AND BRANIFF INTERNATIONAL AIRWAYS, INC., AS ORIGINALLY APPROVED IN ORDINANCE ND. 7525 ON THE 25TH OF MARCH, 1965, COVERING FUEL STORAGE AT CORPUS CHRISTI INTERNATIONAL AIRPORT, FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. 12 '764 ASSIGNMENT OF LEASE THE STATE OF TEXAS j COUNTY OF NUECES THIS AGREEMENT MADE BY AND BETWEEN CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, HEREINAFTER REFERRED TO AS ASSIGNOR, AND BRANIFF AIRWAYS, INCORPORATED, AN OKLAHOMA CORPORATION, HEREINAFTER CALLED ASSIGNEE, WITNESSETH: WHEREAS, THE ASSIGNOR HEREIN, THE CORPUS CHRISTI BANK &. TRUST COMPANY, TRUSTEE, HAS, BY AGREEMENT WITH THE CITY OF CORPUS CHRISTI, LEGALLY BECOME THE LESSEE OF CERTAIN LANDS, AND LEASE SITES, CERTAIN PORTIONS OF WHICH ARE DESIGNATED FOR COMMERCIAL HANGAR AND FIXED BASE OPERATIONS, ALL AS SHOWN ON THE MASTER PLAN OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ON FILE IN THE OFFICE OF THE DIRECTOR OF PUBLIC UTILITIES OF THE CITY OF CORPUS CHRISTI, AND AS LOCATED WITHIN THE SITE OF THE CORPUS CHRISTI INTERNATIONAL 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 PROPOSED TO MAINTAIN AND OPERATE THE SAID AIRPORT AS A PUBLIC AIRPORT AND ALL USES INCIDENT THERETO, FOR THE BENEFIT OF THE PUBLIC; AND WHEREAS, ASSIGNOR HAS ASSIGNED UNTO ASSIGNEE A SITE ON THE CORPUS CHRISTI INTERNATIONAL AIRPORT, AS SHOWN AND DESIGNED ON EXHIBIT "A," ATTACHED HERETO AND ?FADE A PART HEREOF, AND MORE PARTICULARLY DESCRIBED HEREINAFTER, TOGETHER WITH THOSE PRIVILEGES, RIGHTS, USES AND INTERESTS INCIDENT THERETO, AS HEREINAFTER SET OUT; AND WHEREAS, ASSIGNOR AND ASSIGNEE HERETOFORE ENTERED INTO AN AGREEMENT FOR A TEN -YEAR TERM, COMMENCING ON MAY 1, 1965 AND TERMINATING ON APRIL 30, 1975, UNDER AUTHORITY OF ORDINANCE 75251 AND THE PARTIES HERETO DESIRE TO RENEW AND EXTEND THAT AGREEMENT FOR A PERIOD OF FIVE (5) YEARS. NOW, THEREFORE, ASSIGNOR AND ASSIGNEE DO HEREBY COVENANT AND AGREE TO AND CITY ACCEPTS AND APPROVES THE EXTENTION FOR AN ADDITIONAL FIVE -YEAR TERM THE TERMS AND CONDITIONS OF THE ASSIGNMENT AGREEMENT HERE- TOFORE ENTERED INTO FOR A TERM OF TEN YEARS, COMMENCING ON MAY 11 1965 AND TERMINATING ON APRIL 30, 1975, UNDER THE AUTHORITY OF ORDINANCE 7525, AT THE FOLLOWING DESCRIBED LOCATION: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF TAXIWAYS Q AND R 260 FEET SOUTHEAST ALONG THE CENTERLINE OF TAXIWAY Q TO A POINT AND 90° NORTHEAST 265 FEET FOR A PLACE OF BEGINNING; THENCE 90° NORTHWEST SO FEET TO A POINT; THENCE 90° NORTHEAST 100 FEET TO A POINT; THENCE 90° SOUTHEAST SO FEET TO A POINT; THENCE 90° SOUTHWEST 100 FEET TO A PLACE OF BEGINNING, LOCATED ON AND BEING A PART OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT PROPERTY IN NUECES COUNTY, TEXAS. EXECUTED IN TRIPLICATE ON THIS THE DAY OF 1975• ATTEST: ASSIGNOR: CORPUS CHRISTI BANK & TRUST COMPANY, CASHIER TRUSTEE ATTEST: SECRETARY ATTEST: CITY SECRETARY APPROVED: CITY ATTORNEY BY ASSIGNEE: BRANIFF AIRWAYS, INC. BY ACCEPTED AND APPROVED :` CITY OF CORPUS CHRISTI, TEXAS BY R. MARVIN TOWNSEND CITY MANAGER THAT THE FOREGOING ORDINANCE W, AS •READ FOR HE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE �LdL� �DAl OF - 191„;-BY THE ,FOLLOWING VOTE: JASON LUBY 'I'- BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. i( J EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE WAS READ TIME AND ASSED TO ITS THIRD READING ON TH13 THE '✓V "'ti DAY OF FOLLOWING VOTE: �9 Y THE JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. RJ EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF fl.l� /`Vr�r )9 JS gy THE FOLLOWING VOTE: j JASON Lusy �i.'" Tyy%- --, DR. BILL TIPTON AYE EDUARDO DE ASES A yF RUTH GILL Aye BOB GULLEY A,ys- GABE LOZANO, SR. f y Er EDWARD L. SAMPLE 14 Ys: PASSED AND APPROVED, THIS THE_IZ_DAY OF 114u5 r , 19Z ATTEST: 4-44Y 1.1AY THE CITY OF CORPUS CHRISTI, ;;XAS A VED: i WDAY OF "2f ! T RYA 7TT- A01 -!R-. NEE Y cm--w1m 8.q[9,,tr� PUBLISHER'S AFFID iT ''fl?, ti SEP 1,315 REGEt�ED STATE OF TEXAS, 153; a OFFlCE County of Nueces. JJ MITI SEC ETARY Before me, the undersigned, a Notary Public, thi Zpers n me ... ............. .................. ....................... who being first duly sworn, acco5r mg�t�o law, says that he is the Accounting .............................. ............................ of the Corpus Christi Caller and The Corpus Christi Times, ro Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of s 02 --- PASSAGE- ..DF-- 1RDINACFr.- O. - - -1. 27611.- ...AUG....27- r-- _ -c77.5 at ----- 2,.t- D- P -M -f. r- of which the annexed is a true copy, was published in --- ..-- _r-orp11S- ._Qrlatl... ft n- 5 . .......................... _ - on the ..... 3L---- day of ---------- S.e -Ptenlbes------ 19- 7.5..;atabcao ]dx------- ------------ ------ / rexau ex-tm-------...---------------- ✓S!!]b8[ RHL ......................... ............................... .............. 1 ............... Times. $............1J¢.II6 ... -- ... .. ...............- � �...... owena C. Ve1as -gtiez Account ng Subscribed and sworn to before me this .............. ...day of. ........... Se-ptember----------------- 19.7 - - - -.., Eugenia S. Cortez .Noy Pc (-g' County, Texas �a:� � _ ,4 ,�{ c ��, w , .1 �. (1 (.��%:.1 1. _. °,`� � � • •. � _ � ., y _ ":.. �.�