HomeMy WebLinkAbout14329 ORD - 05/24/1978JKH:ya:5- 24- 78:lst
i
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT
AND APPROVE AN AMENDMENT OF ASSIGNMENT AGREEMENT BET-
WEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE,
AND NATIONAL CAR RENTALS OF CORPUS CHRISTI, INC.,
COVERING A COMMERCIAL BUILDING SITE FOR USE AS AUTO-
MOTIVE PLOTSERVICE I ENTIFIED AND
AS LLOTSOTHER 3RELATED
3A INTNVWTIES,
COMMERCIAL SITE AT THE CORPUS CHRISTI INTERNATIONAL
AIRPORT, SAID AMENDMENT ESTABLISHING RENTAL RATES
AND EXPIRATION DATE, AS MORE FULLY SET FORTH IN THE
AMENDMENT OF ASSIGNMENT AGREEMENT, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY.
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
and directed to accept and approve an amendment of Assignment Agreement
between the Corpus Christi Bank and Trust Company, Trustee, and National Car
Rentals of Corpus Christi, Inc. authorized by Ordinance No. 8652, covering a
commercial building site for use as automotive service facility and other
related activities, which plot is identified as Lots 3 and 3A in N.W:
Commercial Site at the Corpus Christi International Airport, said amendment
establishing rental rates and expiration date, as more particularly described
in the 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 accept and approve the aforesaid
amendment of Assignment Agreement 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 force and effect from and after its passage, IT IS ACCORDINGLY SO
ORDAINED, this the ____Rg W day of May, 1978.
ATTEST•
y Secretary MAYOR
THE C TY OF SS CHRISTI, TEXAS
APPROVED: I�IICROFI. L E
DAY OF MAY, 1978: �UL O 8 190
J. BRUC YCOC , CITY ATTORNEY
By
Assistant C' ttorney
` 1.439
dKH:ya:5- 24- 78:lst
AMENDMENT OF ASSIGNMENT OF LEASE
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
WHEREAS, by authority of Ordinance No. 8652, passed and approved
by the City Council on November 1, 1967, authorization was given for the
City Manager to accept and approve an Assignment Agreement between the .
Corpus Christi Bank and Trust Company, Trustee, and National Car Rentals
of Corpus Christi, Inc., for rental of a commercial building site for use
as an automotive service facility and other related activities at the
Corpus Christi International Airport; and
WHEREAS, it is mutually agreeable to the said parties that the
aforesaid Assignment Agreement be amended in the following particulars:
1. That paragraph 1 be amended to add a description of
Tract 3A as follows:
"Being a tract of land extending 100 feet northwest/
southeast and 200 feet northeast /southwest containing
approximately 20,000 square feet. The southeast cor-
ner of the tract is located at the same point as-the
northeast corner of lot 3 also leased by the Assignee.
Further amending paragraph 1 of the lease to provide
if access is needed to additional property and leases
through orderly development of the airport master plan,
that the City shall have the right to take a_portion
of-the southwest end'of the tract shown on Exhibit "A -1"
for right -of -way purposes at which time a reduction in
rent will be made by the City for the portion of the
lease which will be removed for the purpose of es-
tablishing a right- of- way.11
2. That paragraph 2 be amended to change the expiration
date to February 5, 1982. '
3. That paragraph 3A be amended to change the rental as follows:
"Assignee, for the period of November 7, 1977 through
June 28, 1978 shall pay rent to the City at the annual
rate of Eight Hundred Dollars ($800). Said rent shall
be payable in equal monthly installments of $66.67.
Assignee, for the period of June 29, 1978 through
February 5, 1982 shall pay rent to the City at the
annual rate of One Thousand Six Hundred Dollars ($1,600).
Said rent shall be payable in equal monthly install-
ments of $133.33."
4. That paragraph 4B be amended by adding thereto the
following:
"Prior to the installation and operation of
identifying signs on the lease premises, the
general type and design of such signs are to
be approved by the Airport Manager, such
approval not to be arbitrarily withheld."
5. That a new sub - paragraph, C, be added to paragraph 3,
reading as follows:
"Assignee hereby covenants and agrees that it
shall landscape or , contract for landscaping,
at its sole expense on a plan acceptable to the
City of Corpus Christi, Texas, approval of any
reasonable plan conformable to that prevalent
to the public building landscape planning at
the Airport not to be unreasonably withheld,
all of the demised property nearest the Airport
entrance road and visible from the said entrance
road and over all of the frontage of said demised
premises not occupied by assignee's buildings or
other covering ground structures.,,
Except as herein and hereby amended, the terms, conditions and
provisions contained in the Assignment Agreement heretofore authorized
by Ordinance No. 8652 and duly executed by the parties shall be and remain
in full force and effect.
Executed in triplicate this the day of , 1978•
ATTEST:
Secretary
ATTEST:
Cashier
APPROVED:
DAY OF MAY, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
ASslstant City Attorney
Director of Finance
ASSIGNEE:
NATIONAL CAR RENTALS OF CORPUS CHRISTI, INC.
ASSIGNOR:
CORPUS CHRISTI BANK & TRUST COMPANY;
TRUSTEE
By
President
ACCEPTED AND APPROVED:
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
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Corpus Christi, Texas
day of lg�
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance,
a public emergency and imperative necessity exist for the suspension 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; I, therefore, request
that you suspend said Charter rule or requirement and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City
Council. ,,
Respectfully,
THE CITY OF t6gPtJS CHRISTI, TEXAS
The Charter Rule was suspended
by
Gabe Lozano, Sr.
l�
Bob Gulley
David Diaz
_
Ruth Gill
_
Joe Holt
_
Tony Juarez, Jr.
_
Edward L. Sample
_
The above ordinance was passed by
Gabe Lozano, Sr. _(
Bob Gulley _
David Diaz
Ruth Gill _
Joe Holt _
Tony Juarez, Jr. _
Edward L. Sample
14329
following vote:
following vote: