HomeMy WebLinkAbout13632 ORD - 02/23/1977jkh:1- 18 -77; 1st Z
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE
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,
SAID EXTENSION TO BE FOR A PERIOD OF FIVE (5) YEARS,
COVERING THE NEWSSTAND FACILITIES AT CORPUS CHRISTI
INTERNATIONAL AIRPORT, A SUBSTANTIAL COPY OF WHICH
AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A ".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he 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, and extended
by Ordinance No. 10710 through February 28, 1977. Said Extension will be
for a period of five (5) years, commencing on March 1, 1977, and terminating
on February 28, 1982, under the same terms and conditions as the original
Assignment Agreement, except that Article VI shall be amended to provide for
a rental of 7.5% of gross income. A substantial copy of the Extension of
Assignment Agreement is attached hereto, marked Exhibit "A ", and is made a
part hereof for all intents and purposes.
M�C�OE�� -QED
13632
AGREEMENT TO EXTEND ASSIGNMENT
NEWSSTAND CONCESSION
THE STATE OF TEXAS p
COUNT! 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 & Trust Company, Trustee, and Hershel. and
Lyda N. Chance, dba C & T Gifts and News, for a term of five years, and
by Ordinance No. 10710, dated February 16, 1972, extended the Agreement
through February 28, 1977; 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
consideration of the charges, fees, rentals, covenants and agreements con-
tained 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, and
extended by Agreement between the parties under date of February 21, 1972,
regarding the Newsstand Concession at the Corpus Christi International
Airport, Nueces County, Texas, for a period of five (5) years, said five -year
term to begin on March 1, 1977 and terminate on February 28, 1982.
Copies of the Assignment Agreement and Agreement to Extend Assignment are
attached hereto as Exhibit "I ".
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 except that Article VI is amended to provide for a rental of
seven and one -half percent (7.5 %) of gross income.
EXECUTED IN DUPLICATE on this the day of
1977.
C & T GIFTS AND NEWS
Hershel B. Chance, Partner
Lyda N. Chance, Partner
ASSIGNEE
CORPUS CHRISTI BANK & TRUST COMPANY,
ATTEST: TRUSTEE
By
Secretary
ASSIGNOR
ACCEPTED AND APPROVED:
ATTEST:
CITY OF CORPUS CHRISTI
By
City Secretary
R. Marvin Townsend, City Manager
A VED:
DAY OF 1977:
J. B CE AYCO ORNEY
.
AU THORIZED
B Y eCI
ssista rney
NY COUNCIL
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AGREEMENT TO EXTEND ASSIGNMENT
NEWSSTAND CONCESSION
THE.STATE OF TEXAS
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&g f February. 1972.
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ASSIGNEE:
C & GIFTS AND NEWS�
n
Hershel B. Chance, Partner
e1� Da ,
Lyda N. Chance, Partner
ASSIGNOR:
ATTESI�;
CORPUS ECHRISTI BANK & TRUST COMPANY,
TRUSTE
Sfr's, an kwVAk er D. MICHAEL HUNTER
ASSISTANT VICE PRESIDENT & TRUST OFFICER
ACCEPTED AND APPROVED:
ATTEST:
City Secret ry ,
APPROVED:
DAY OF FEBRUARY, 1972:
� y t
CITY OF CORPUS CHRISTI, TEXAS
By
A�6V��
R. Marvin Townsend, City Manager
ASS I GNM1ENT
NEWSSTAND CONCESSION
TIRE STATE of TEXAS j
COUNTY OF (VUECES j
THIS AGREEMENT MADE BY AND BETWEEN THE CORPUS CHRISTI BANK & TRUST
COMPANY, TRUSTEES HEREINAFTER REFERRED TO AS ASSIGNORo AND HERSHEL AND LYDA
N. CHANCES DBA C & T'GIFTS.AND NEWSY WHOSE ADDRESS IS 724 SAVAGE LANE
CORPUS CHRISTI, TEXASI HEREINAFTER REFERRED TO AS ASSIGNEE,
W I T N E S S E T H:
WHEREAS THE ASSIGNOR HEREIN THE CORPUS CHRISTI BANK & TRUST
COMPANY TRUSTEES 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 AIRPORTS NUECES
COUNTY TEXAS; -AND -
WHEREAS, THE AFORESAID AGREEMENT BETWEEN THE CORPUS CHRISTI BANK &
TRUST COMPANY TRUSTEES AND THE CITY OF CORPUS - CHRISTI WAS DULY AND LEGALLY
APPROVED BY THE QUALIFIED VOTERS AT AN ELECTION HELD ON AUGUST 29, 199; 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 F
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CERTAIN PORTION OF THE LANDS LEASED BY ASSIGNOR FROM THE CITY OF CORPUS {
CHRISTI, COMPRISING APPROXIMATELY ONE HUNDRED (100) SQUARE FEET AS HEREIN — F
AFTER MORE PARTICULARLY DESCRIBED TOGETHER WITH THE RIGHT TO USE A PORTION
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OF THE TERMINAL BUILDING AND THOSE PRIVILEGES RIGHTS USES AND INTERESTS
INCIDENT THERETO AS HEREINAFTER SET OUT; AND j
�XN1a�T �4 pf
b1HEREASj ASSIGNEE DESIRES TO OBTAIN AND AVAIL ITSELF OF THE LAND
TOGETHER WITH THE RIGHT TO USE THE PORTION OF SAID TERMINAL BUILDINGS 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 FEESj RENTALS] COVENANTS AND AGREEMENTS CON-
TAINED HEREINj THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: .
ARTICLE I
DESCRIPTION OF ASSIGNED SPACE
ASSIGNOR DOES HEREBY ASSIGN UNTO ASSIGNEES SUBJECT TO ALL OF THE
TERMS CONDITIONS AND COVENANTS OF THIS AGREEMENTS ALL OF THAT CERTAIN
PARTICULAR TRACT OF LAND CONTAINING ONE HUNDRED (l OO) 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
EXHIBITS - MARKED EXHIBIT "A!'. rME 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 14Y 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. CHANCES DBA C & T GIFTS AND NEWSY AND THE CITY
OF CORPUS CHRISTI BY ITS JOINDER HEREINO AGREES TO ALL OF THE TERMS AND
CONDITIONS CONTAINED HEREIN IN THE USE OF THE ABOVE DESCRIBED AREA
• WITHIN THE TERMINAL BUILDINGS AND THE CITY FURTHER AGREES THAT IN THE EVENT
OF A JUDICIAL DETERMINATION THAT THIS ASSIGNMENT AGREEMENT WAS ENTERED INTO
CANT. RA- R.Y-- T- 0.LAW,--OR- 'gHAT'THE LEASE' -FROM THE CITY-TO THE ASSIGNOR HEREIN WAS
ENTERED INTO CONTRARY TO LAWS 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 Ill
PRIVILEGES, RIGHTS, USES AND INTERESTS
/ 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 CONCESSIONS 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 RIGHT 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
- IN !ACCORDANCE- °WITH AL'L- °REASONABLE^ AND -APPL I CABLE-RULES, RE -GULAT IONS ANQ
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.
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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
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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 i5J
YEARS, SUBJECT TO THE RIGHT OF TERMINATION HEREINAFTER PROVIDED. THE TERM
SHALL COMMENCE ON THE 15TH DAY OF FEBRUARY, 1967, AND SHALL TERMINATE 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
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DOLLARS ($125.00) PER MONTH FOR THE FIRST TWO YEARS AND .125.00 PER MONTH
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, 1967. THEREAFTER THE RENTALS TO BE PAID BY ASSIGNEE_ HEREIN,
SHALL BE DUE AND PAYABLE ON A MONTHLY BASIS. AT THE END OF EACH MONTH DURING
THE TERM OF THIS ASSIGNMENT, ASSIGNEE SHALL PREPARE A WRITTEN REPORT SHOWING
THE GROSS INCOME FROM THE NEWSSTAND CONCESSION, AS HEREINABOVE.DESCRIBED,
AND- SUBNrIT- SAID -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 OF THE GROSS INCOME EXCEEDS 4125.00 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 Iii, 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 1UILDING
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 MANNERS INCLUDING THE NECESSARY JANITORIAL
SERVICE TO ACCOMPLISH SAME WITHIN THE ASSIGNED PREMISES AND THE PUBLIC AREAS.
ARTICLE Vlll
UNDzRTAKINGS OF ASSIGNEE
THE ASSIGNEE HEREIN, AS ADDITIONAL CONSIDERATION HEREOF HEREBY
"COVENANTS AND AGREES AS"FOLLOWS,'T-0 -WIT;
A. ASSIGNEE AGREES 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 SERVICES PROVIDED
THAT ASSIGNEE WILL BE ALLOWED TO MAKE REASONABLE AND NON - DISCRIMINATORY. DIS-
COUNTS, REBATES OR .OTHER SIMILAR TYPE OF PRICE REDUCTIONS TO VOLUME PURCHASERS.
ASSIGNEE SHALL NOT USEj 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
DISTRIBUTIONS 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 HARMLESS THE CITY OF CORPUS CHRISTI FROM ANY AND ALL LOSSES THAT MAY
PROXIMATELY RESULT TO THE CITY OF CORPUS CHRISTI FROM ANY NEGLIGENCE, OM15510:J
OR COMMISSIONS 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
MANAGER, -R. .A. -BOX ..1622, -CORPUS - CHRPST -I- TE'XASj OR TO 'SUCH 'OTHER ADDRESS AS
MAY HAVE BEEN DESIGNATED IN WRITING BY THE AIRPORT MANAGER FROM TIME TO TIME.
NOT -ICES TO ASSIGNEE SHALL BE DEEMED SUFFICIENT IF IN WRITING AND MAILED,
POSTAGE PREPAID, ADDRESSED TO ASSIGNEE AT 724 SAVAGE LANE, 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 ASSIGNEES 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
ASSIGNEES 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 NAY NOT ECONOMICALLY BE
GAD
USED FOR THE USES AND PURPOSES FOR WHICH ASSIGNED THEN THIS ASSIGNMENT
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 UNDERSTOOD 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 AIRPORTS 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 THEM 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 HEREINABOVE, AND ASSIGNEE SHALL HAVE NO
FURTHER RIGHT OR INTEREST IN ANY OF THE ASSIGNED PREMISES OR IN ANY OF THE
PRIVILEGESj 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
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 TINE AFTER THIRTY (30) DAYS NOTICE IN
-9-
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,.PROV.IDED, HOWEVER, THAT THE CITY OF CORPUS
CHRISTI AGREES TO INCLUDE IN SUCH NOTICE A STATEMENT WITH RESPECT TO THE
i
ARTICLE, AGREEMENT OR CONDITION WHICH THE CITY OF CORPUS CHRISTI CLAIMS
THAT ASSIGNEE IS IN DEFAULT OF.
ARTICLE X
TRANSFER OR ASSIGNNF.NT
THE WRITTEN AUTHORITY OF THE CITY OF CORPUS CHRISTI SHALL BE
OBTAINED BY ASSIGNEE PRIOR, TO ANY SALE, ASSIGNMENT, TRANSFER OR SUBASSIGN-
I4ENT OF THIS ASSIGNMENT. ,
EXECUTED IN DUPLICATE ON THIS �_6 DAY OF 6 -"- 1566.
ASSIGNEE:
C & TT GIFTS AND NEWS
- K, 2 �' & /-, a �_ . -
HERSHEL B. CHANCE, PARTNER
LYDA'.N. CHANCE, PARTNER
ASSIGNOR:
CORPUS CHRISTI BANK & TRUST COMPANY,
A TST:: TRUSTE
BY 1s�
SAY RYOebel, Assistant Cashier OGER T. POWfLL TRUST OFFlCER
ACCEPTED AND APPROVED:
A� CITY L7;aaza BY
TY SECAETAXLEGAL I HERBERT W. WHITNEY, CITY ER
APPROVED AS FORM T S
AY OF 1566:
CITY ATTO NEY
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i \�.• - - y,, ",t? G`�'\ - 'IEXTENSION.( - - ,I'�•.Cr' a
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THAT THE FOREGOING ORDINANCE WAS READ F THE FIRST TIME A D PASSED
TO ITS SECOND READING ON THIS THE A7W DAY OF , 19 BY THE
FOLLOWING VOTE:
JASON LueY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GILLEY
GAGE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING ORDINA r.,p WAS READ THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS THE�DAY OF , 19ff BY THE
FOLLOWING VOTE:
JABoN LueY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
Bon GILLEY
GAGE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOIJIG OROINAN W READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE 4LJ DAY OF , 1977 BY THE FOLLOWING VOTE:
JASON LUST
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
PASSED AND APPROVED, THIS THE_ j6t DAY OF \_�.C. //i(,/.f A&AA . 1971
ATTEST:
AV A
CITY ECRETARY
`/% .
V . 1 91
. K2�
MAY
CITY OF CORPUS CHRISTI, TEXAS
13632
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally
Gloria Lopez
. . ................................ ............. . ....... __ who being first duly sworn, according to law, says that he Is the
Accounting ........... . . . . . ......... . ............. of the Corpus Christi Caller and The Corpus Christ! Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
LEGALS ... NCTICE IS HEREBY GIVEN...EXTENSICN OF AN j_SSIGNMENT_L_GUbkMT
U ,
T
of which the annexed is a true copy, was published in
.5-- - -
on the3-1— day of Januar.y . . .... . ...... 19_72 =ibm,=,=h
-_--Times. pFFSNE
0 C
T
ce) cat t
-A-,c&c Ing
G
Subscribed and sworn to before me this....-.I d February
a �_ 9.
........ . ...... .... 9=._
Eugenia S. Cortez
_�Notary lie, Nueces County, Texas
Notice Is t, ^b. 9'ver I")
he City Can-li of the F` 9
:Orpus Christi flair M }IK4
lay of January, 1477, pa
,,and reading an adlnance
tLftNrizing the City Manager to
tccepi an Extension of an As-
signment Agreement between
Corpus Christi Bank and Trust
Company, 'Trustee, and Her.
schel end LYde- N._Chance, dba
C & T Gifts and News, --Ing
the newstand facilities at the
Corpus Christi international
Airport, which Assignmen
Agreement was authorized ty
Ordinance No. 8730 approval
November 219M. and extenda
by Ordinance No. 10710, througl
February 20, 14/7. Said Exten
slon will be for a period of fly,
years commencing on March 1
1977, and terrNnating on Fenn
ary 28, 1982, under the same
terms and conditions as thee
riginal Assignment Agreement
excpta provlslon fa a rental o
75% of gross Income. A sub
Oantlal copy of the Extenslat o
Assignment Agreement Is a
file In the office of the City Sec
retary.
Wlttless my hand this ',he 2711
day of January, 1977.
•5-6111 G. Read
City Secretary City o
Corpus Christi, Texm
r�..r
�I
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces.
t Before me, the undersigned, a Notary Public, this day personally came....._._.__......___....
.-G1av1'a'..L0LP1a7 .................................. - who being first duly sworn, according to law, says that he Is the
A9 92MI !A? -- — ---------------------------------------------- of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
LEGALS..NOTICE IS HEREBY GIVEN... CITY OF CORPUS CHRISTI HAS, ON=19TH
DAY OF JANUARY, j _977T7T9TRD_. t F T -ETTEN7-M
of which the annexed is a true copy, was published in ........ .........
on thelL.— day of ... JEMAIRY .. . ......... . . 1932_ and7c&&XW&.. . ... . ......
___Times.
$2 .!11__ . ......
Subsexibed and sworn to
Eugenia S
J"Lrcr ACE
b IraM pNe, that
aiY aty council of the city d
Carpus Christi has, on pro 19th
day d January, 19n paced rah,
first reading an ordinance au
thorlsbg the City Manager to
aocepf an Extension d an Apr,
algm ent Agrarrwnt between
Carpe Christi Bank and Trust.
Comprry, Trustee, and Her
"and Lyda N. Chance dba:
C 6 T GMb and Neva, hxrrin
the newsstand facNNke of the
Corpus Christi infernatbrrol
Airport, which Asalpnmant
Apraemr, was authorised by
Ordinance No. tM approved
November 2 IIIAW and exhnad
by Ordinances No. IW10, through
February is, 1977. SoW Eetkn-
him will bit for a perlod d five
"am, ournrnr clrg on March 1,
1977, and terrrslrhatlrg OIh Fabry
Wry �, 19ay under Iha
:@a' me
Nuns l sign mana m iM
original Asslgnmetlt A
WNW, except a prx far a
areal d 75% d gross kimma
A subslanhal copy d Ma Eaten•
Ilan d Asslgmrersf Agraemrrt
Is on file In the office d the City
Serxbry•
wltraa my hand min 2)at
Of Amery, 1977.
� Edna Pierce
Edna Plerca, Aa fttr
city Sevehry
city d calxw
L— Chrism T