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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 " ;4�'�4 .�'!r • ^ $�� *-„� ''". :�' r' , ;aye; _ - - -. - e �I- e.4aI SO :L WC-LL �• Leasa ' I � i.R L'Nc. F_4t ='I . :} F5 VAT ice.. , Al Cc �•� `)' ` - , If'AJh -> c . , IS hi t'll Y1 _,J ' { , \ •�. iii '�., �- /; ir. Au V, S- �\ s \\:� ♦' icy �� `1 � 1 _ -_� -.- --, — ` � - 7 `,1 }h7 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: