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HomeMy WebLinkAbout13632 ORD - 02/23/1977jkh:1- 18 -77; 1st Z • 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 -- - SEGRtTAW 6-72: vmp J. t 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. o • 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 11 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 - I 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 -2- _. • 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 ' -3- • I . . 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. .,I}� • • 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 I 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 -5- 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. -6- 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 _7_ 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 A R EA . 1 -T J °. PA-RK, SITE w z y0 _ F li N ON 0 rn _ W x _ % I IILAING RESTRICTION .(•0�r \~ AAA12l hkrPY W ,* LINE �. .F COMMERCIAL 500 < ._9y- FUT URs HANGAR J Ge PA.RKPN9 - -- ..�._ .� - ••.:. �• IJo 3 `� .�n��\ EYI ,'BLHDSOf= RAOAP_. �I I T �vdOP05ED'.F% E T N�ION R 3 9Q > Pn . 'ISO W i..';• h/o.X�� 0 .: {' 4,p�A -` goy •�•C. 6\ c91y�/ a ,a C FUTURE z . wPARKINO W x RAIN DITCH f -0 -t - STORM DR`yN Z 3 / 0 W J tl— -tom O fives : ��•++ bAR KLNG FOP r a R A f Y b 'y�C ��t•" �,' ^n , : 1. � ..,�,y S`t ,, � °•ai• � - _ •i.BO:a 310 _f tit jF Q •• "^� -..-; } -- C9 }6�G -- �Oy.Ao•y . , OVER` D 3 W, a •CIAL..'0 APR 1 1 t APRON• ••.. .Ifi } i \�.• - - y,, ",t? G`�'\ - 'IEXTENSION.( - - ,I'�•.Cr' a W cc SEGMENTED I P - .CIRCLE -.�.` _ !y" •�:�: ^O MARKER £. •I•• G G0• 600' •l• ,o I T fr0MT'ROL STk F l� } \ n , • . 1... 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