HomeMy WebLinkAbout028757 ORD - 08/31/2010AN ORDINANCE
APPROVING THE ASSIGNMENT OF A LEASE AGREEMENT AT THE
AIRPORT WITH MDC CORPUS, LLC, TO TCC DAVIS HOLDINGS, LLC;
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE ASSIGNMENT AND ASSUMPTION INSTRUMENT
BETWEEN ALL PARTIES; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi ("City") executed a lease agreement
("Lease Agreement") with MDC, Inc., a Kansas corporation ("MDC"), to be
effective December 19, 1999, as subsequently amended by that certain First
Amendment to Lease Agreement ("First Amendment"), executed March 28,
2000;
WHEREAS, with the approval of the City, MDC assigned all of MDC's right, title,
and interest in the Lease Agreement and First Amendment to MDC Corpus, LLC,
a Kansas corporation ("MDCC"), by execution of that certain Assignment and
Assumption of Lease and Sublease Agreement ("First Assignment"), made
effective June 1, 2000;
WHEREAS, MDCC desires to obtain the approval of the City to assign all of
MDCC's right, title, and interest in the Lease Agreement, First Amendment, and
First Assignment to TCC Davis Holdings, LLC, a Texas limited liability company;
and
WHEREAS, the City's consent to MDCC's proposed assignment and grant of
authority to the City Manager is necessary to carry into effect the assignment.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Council, pursuant to Article IX, Section 4, of the City Charter,
approves the assignment of the lease agreement ("Lease Agreement"), including any
and all valid and existing amendments to the Lease Agreement ("First Amendment")
and any and all assignments of the amended Lease Agreement ("First Assignment"), at
the Corpus Christi International Airport with MDC Corpus, LLC, a limited liability
company duly organized and existing under the laws of the State of Kansas and duly
authorized and qualified to do business in the State of Texas ("MDCC"), to TCC Davis
Holdings, LLC, a limited liability company duly organized and existing under the laws of
the State of Texas ("TCC"). Furthermore, the City Manager, or his designee, is
authorized to execute the Assignment and Assumption of Lease Agreement instrument
between the City, MDCC, and TCC, an executed copy of which will be placed on file in
the City Secretary's Office.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an ernergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs,
and (2) suspends the Charter rule that requires consideration of and voting upon
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ordinances at two regular meetings so that this ordinance is passed and takes effect
,q/ day of
upon first r ading asap emergency measure on this the
/ ' "' 2010
ATTEST:
Armando Chapa
City Secretary Mayor
CITY OF CORPUS CHRISTI
Joe cf-tf!gerZW-i-
Ame
APPROVED: August 19, 2010
of //
Eliz -b: th R. Hundley
As - nt City Attorney
for the City Attorney
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Corpus Christi, Texas
7 day of
, 2010
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Joe A►! me
Mayor
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
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