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HomeMy WebLinkAbout13680 ORD - 03/02/1977• JKH:vp:3 /2/77:lst AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT AND APPROVE AN AMENDMENT OF ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND ROBERT JENKINS TO TOY MASON SMITH AND M. ANTHONY FEHER COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIA- TION LEASE AT CORPUS CHRISTI INTERNATIONAL AIRPORT SITE, AS SHOWN AND MORE PARTICULARLY DESCRIBED IN THE AMENDMENT OF ASSIGNMENT AGREEMENT, AS SUBSTANTIALLY SET FORTH IN THE COPY WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 8231, passed and approved by the City Council on November 2, 1966, the City approved an Assignment of Lease cover- 40 ing a commercial hangar and fixed base aviation lease plot at the Corpus Christi International Airport between the Corpus Christi Bank & Trust Company, Trustee, and Al Krakow dba Corpus Christi Aviation; and WHEREAS, by Ordinance No. 8317, passed and approved by the City Council on January 11, 1967, an amendment to the aforesaid Assignment of Lease was authorized; and WHEREAS, from time to time authority and approval of the City Council to assign the lease rights, privileges and titles to others, has been requested, the latest such request having been granted by the City Council, for assignment to Robert Jenkins on April 16, 1975; and WHEREAS, request has been made of the City Council to approve transfer of the lease of Robert Jenkins to Toy M. Smith and M. Anthony Feher; and WHEREAS, the City of Corpus Christi is agreeable to the transfer of the aforesaid lease to said Toy M. Smith and M. Anthony Feher: TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to accept and approve an Amendment of Assignment Agreement between the Corpus Christi Bank & Trust Company, Trustee, and Robert Jenkins to Toy Mason Smith and M. Anthony Feher, covering a commercial hangar and fixed base aviation lease plot at the Corpus Christi International Airport, as shown and more particularly described in the Amendment of Assignment Agreement, substantially In the form attached hereto and made a part hereof, marked Exhibit "A ". MICROFILMED 1.3680 111, 0'71980 SECTION 2. The necessity to accept and approve an Amendment of Assignment Agreement as hereinabove described 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 but 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, IT IS ACCORDINGLY SO ORDAINED, this the ?,Lot day of March, 1977. ATTEST: City secretary ro:_ THE CITY OF CORPUS NRISTI, TEXAS APPROVED: / O DAY OF MARCH, 1977: J. BR CE AYCOCK, WT4Z BY:� Assistant CltylAttorney I• ASSIGNMENT OF LEASE AGREEMENT FROM ROBERT JENKINS TO TOY MASON SMITH AND M. ANTHONY FEHER THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X THIS AGREEMENT OF ASSIGNMENT by and between Robert Jenkins, hereinafter referred to as Assignor, and M. Anthony Feher and Toy Mason Smith, hereinafter referred to as Assignees, W I T N E S S E T H: WHEREAS, on August 29, 1959, the qualified voters of the City of Corpus Christi, an incorporated city of the State of Texas, sometimes hereinafter referred to as "The City ", duly and legally approved an agreement between The City, as Lessor, and Corpus Christi Bank & Trust Company,' Trustee, hereinafter referred to as "The Trustee ", as Lessee, under the terms of which The City leased and demised to The Trustee cer- tain lands and lease sites, certain portions of which are desig- nated for commercial hangar and fixed based aviation operations, hereinafter referred to as "The Lease ", a description of.said lands and lease sites being shown on The Master Plan of The New Municipal Airport also known as Corpus Christi International Airport, and hereinafter referred to as "The Airport ", a copy of which Master Plan is on file in the office of the Director of Public Works of The City and to which Master Plan and Lease specific reference is hereby made and the contents of which are incorporated herein as if copied in full; and WHEREAS, Assignees herein desire to purchase from Assignor, the present owner of said lease, all of Assignor's right, title and interest in and to the leasehold, the demised premises and the hangar, building, structures, improvements, fixtures, installations and equipment lying, or about the demised premises set forth in The Lease: NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are acknowledged, Assignor has, and by these presents does, sell, assign, transfer, convey and deliver to Assignees all of his right, title, interest and privileges in and to the demised premises as described in The Lease and further assigns, sells and conveys unto Assignees in an "as is" condition all of his right, title and interest in and to the hangar, buildings, structures, improvements and other equipment lying in, on or about the aforesaid demised premises. Assignees as additional consideration for this transfer hereby assume and agree to perform all of the covenants and conditions of The Lease imposed upon the Lessee therein, and further agrees to be jointly and severally liable in connection with performance of all covenants and conditions contained in said lease. This instrument is executed as an Assignment and a Bill of Sale this the day of , 1977. Robert E. Jenkins ASSIGNOR THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day per- sonally appeared ROBERT E. JENKINS, known to me to be the per- son whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1977. Notary Public in and for Nueces County, Texas (My Commission expires June 1, 1977) ACCEPTED AND APPROVED: Toy Mason Smith M. Anthony Feher -2- t 1" ATTEST: City Secretary APPROVED: DAY OF MARCH, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney ACCEPTED AND APPROVED: CITY OF CORPUS CHRISTI, TEXAS By R. Marvin Townsend City Manager CORPUS CHRISTI, TEXAS any OAY OF L -0 1 9 L7 TO THE MEMBERS OF THE CITY COUNCIL CORPUS 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- BION 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. RESPECTFULLY MAYOR Pro: THE CITY OF CORPUS C STI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES JASON LUDY DR. BILL TIPTON EDUARDO DE AGES RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ADES RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE 1.113680