HomeMy WebLinkAbout15371 ORD - 02/20/19801p:1-15-80;lst
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE AN
ASSIGNMENT OF LEASE FROM HERSHEL AND LYDA CHANCE,
dba C & T GIFTS AND NEWS, TO ISLAND ENTERPRISES, INC.,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFI-
CATION OF LEASE AGREEMENT WITH CORPUS CHRISTI BANK
AND TRUST COMPANY, TRUSTEE, AND ISLAND ENTERPRISES, INC.,
COVERING NEWSSTAND FACILITIES AT THE CORPUS CHRISTI
INTERNATIONAL AIRPORT, ALL AS SHOWN AND MORE FULL SET
FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "1".
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 years, and by
Ordinance Nos. 10710, dated February 16, 1972, and 13632, dated February 23,
1977, extended the Agreement; and
WHEREAS, in accordance with the terms of the aforesaid agreement,
the said Assignee shall obtain written approval prior to assigning the said
lease; and
WHEREAS, Hershel and Lyda N. Chance desire to assign the said
lease and the City is agreeable to the said assignment:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager be authorized to accept and
approve an assignment of lease from Hershel and Lyda Chance, dba C & T Gifts
and News, to Island Enterprises, Inc., and that the City Manager be further
authorized to execute a modification of lease agreement with the Corpus
Christi Bank and Trust Company, Trustee, and Island Enterprises, Inc.,
covering newsstand facilities at the Corpus Christi International Airport,
all as shown and more fully set forth in thelease agreement, a substantial
copy of which is attached hereto and made a part hereof, marked Exhibit "1".
C ��
15371
ASSIGNMENT OF LEASE
AND MODIFICATION OF LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
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 years, and by
Ordinance Nos. 10710, dated February 16, 1972, and 13632, dated February 23,
1977, said Agreement was extended; and
WHEREAS, in accordance with the terms of the aforesaid agreement,
the Assignee shall obtain written approval prior to assigning the said lease;
and
WHEREAS, Hershel and Lyda N. Chance desire to assign the said lease
and the City is agreeable to the said assignment:
1. The Assignment Agreement between the Corpus Christi Bank & Trust
Company, Trustee, and Hershel and Lyda N. Chance, dba C & T Gifts and News,
is hereby assigned to Island Enterprises, Inc., and Island Enterprises, Inc.
agrees to assume the Assignment Agreement aforesaid and to be bound by all
the terms, conditions and provisions set forth therein, a substantial copy
of which Assignment Agreement is attached hereto as Exhibit "A".
2. Said Assignment Agreement, hereby assigned to Island Enterprises,
Inc., shall be subject to the terms of the aforesaid lease and shall be for
the unexpired portion of the lease, which expires on February 28, 1982, unless
sooner terminated under the terms of the said Assignment Agreement.
EXECUTED this the day of , 1980.
ATTEST:
C & T GIFTS AND NEWS
Hershel B. Chance, Partner
Lyda N. Chance, Partner
ASSIGNEE
CORPUS CHRISTI BANK & TRUST COMPANY,
TRUSTEE
By
ATTEST:
City Secretary
APPROVED:
DAY OF JANUARY, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
CITY OF'CORPUS CHRISTI
By
ISLAND ENTERPRISES, INC.
By
AGREEMENT TO EXTEND ASSIGNMENT
NEWSSTAND CONCESSION
THE STATE OF TEXAS
COUNTY OF NUECES
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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= 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, fora 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.
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AGREEMENT TO EXTEND ASSIGNMENT
NEWSSTAND CONCESSION
THE.STATE OF TEXAS I '
COUNTY OF NUECES f
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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:
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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 an 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 thea4 f February. 1972.
�y
LXX/
1977.
ATTEST:
Sey/etary
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EXECUTED IN DUPLICATE on this the f7 day of A.J.-g
ATTEST: �j
/itz (74' 4., By By
it cretary
"TED:
v DAY OF _ 11 + , , 1977:
J. B• CE AYC CK. CIT"41TTORNEY
By % +14Yt °I2� +v ' N
ssistant Cl ttorney
C & T GIFTS AND NEWS
2R
Hershel B. Chance. Partner
.eil'/)•,(�._e%''."--Q--
/„.Jda NChance. Partner
ASSIGNEE
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CORPUS CHRISTI BANK & TRUST COMPANY.
TRUSTER
By
Pr eff-e44
ACCEPTED AND APPROVED:
CITY OF CORPUS CHRISTI
GNOR
R. Ma in owns= d, City Mana
�r AUTHORIZu
DY COUACIL 7 - )
uirr j SECRETMcY
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ATTEST:
ASSIGNEE:
C & T GIFTS AND NEWS
Hershel B. Chance, Partner
Lyda N. Chgnce. Partner
ASSIGNOR:
CORPUS CHRISTI BANK & TRUST COMPANY,
TRUSTEE
BYLc .c....._Gcr....0
. D. MICHAEL HUNTER
ASSISTANT VICE PRESIDENT & Mai OFFICER
ACCEPTED AND APPROVED:
City Secret,ry
APPROVED:
In g DAY OF FEBRUARY. 1972:
/''
Me;Itz-e_
City Attonrey
CITY OF CORPUS CHRISTI, TEXAS
By
R. Marvin
ownsend, City Mana
111110v M;. .111/uu
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ASSIGNMENT
NEWSSTAND CONCESSION •
THE STATE of TCXA3 1
COUYCY • OF NUECES J
It
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THIS AGREEMENT MADE BY AND BETWEEN THE CORPUS CHRISTI BANK Z. TRUST
COMPANY, TRUSTEE, HEREINAFTER REFERRED TO. AS ASSIGNOR, AND HERSHEL AND LYDA
N. CHANCE, -DDA C & T'GIFTS.AND NEWS, WHOSE ADDRESS IS 724 SAVAGE -LANE,
CORPUS CHRIST;, TEXAS, HEREINAFTER REFERRED'TO AS ASSIGNEE,
W I TNESSETH:
WHEREAS, THE ASSIGNOR HEREIN, THE CORPUS CHRISTI BANK-& TRUST
COMPANY, TRUSTEE, 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 AIRPORT, NUECES
COUNTY, TEXAS;•AND •
WHEREAS, THE AFORESAID AGREEMENT BETWEEN THE CORPUS CHRISTI BANK &
TRUST COMPANY, TRUSTEE, AND THE CITY OF CORPUS -CHRISTI, WAS DULY AND LEGALLY
APPROVED BY THE QUALIFIED VOTERS AT AN ELECTION HELD ON AUGUST 29, 1939; 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 Or OPERATING
A GIFT'SHOP AND NEWSSTAND'CQNCESSION, AS HEREINAFTER MORE PARTICULARLY DEFINED;
AND
WHEREAS, ASSIGNOR DEEMS IT ADVANTAGEOUS TO ASSIGN UNTO ASSIGNEE A
CERTAIN PORTION OF THE LANDS LEASED BY ASSIGNOR FROM THE CITY OF CORPUS
CHRISTI, COMPRISING APPROXIMATELY ONE HUNDRED (100) SQUARE FEET, A5 HEREIN-
AFTER MORE PARTICULARLY DESCRIBED, TOGETHER WITH.THE RIGHT TO USE A PORTION
OF THE TERMINAL BUILDING AND THOSE PRIVILEGES, RIGHTS, USES AND INTERESTS
INCIDENT THERETO, AS HEREINAFTER SET OUT; AND
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WHEREAS, ASSIGNEE DESIRES TO OBTAIN ANDAVAIL ITSELF OF THE LAND
,.TOGETHER WITH THE RIGHT 70 USE THE PORTION OF SAID TERMINAL BUILDING, 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, FEES, RENTALS, COVENANTS AND ACREEMMENTS CON-
TAINED HEREIN, THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS;
ARTICLE I
DESCRIPTION OF ASSIGNED SPACE
ASSIGNOR DOES HEREBY ASSIGN UNTO ASSIGNEE, SUBJECT TD ALL OF THE
TERMS, CONDITIONS AND COVENANTS OF THIS AGREEMENT, ALL OF THAT CERTAIN
PARTICULAR TRACT OF LAND CONTAINING ONE HUNDRED (100) SQUARE FEET AS -SHOWN
AND DESCRIBED ON THE ATTACHED DRAWING MARKED EXHIBIT °B° AND As OUTLINED
THEREIN. IN ADDITION 70 SAID TRACT OF LAND, THE ASSIGNEE -HEREIN IS HEREBY
-GIVEN THE PRIVILEGE AND RIGHT 70 USE THE AREA WITHIN THE TERMINAL BUILDING
.AT CORPUS CIiR1STi INTERNATIONAL AIRPORT -DESIGNATED AND DESIGNED FOR USE AS
A GIFT SHOP AND NEWSSTAND CONCESSION, AS SHOWN AND DESCRIBED ON -THE ATTACHED
EXHIBIT, MARKED EXHIBIT "A'. -THE AFORESAID EXHIBITS, WHICH ARE ATTACHED
HERETO, AND ARE MADE A PART HEREOF FOR ALL 'INTENTS AND PURPOSES AS .1F COPIED
VERBATIM HEREIN. THE PRIVILEGE - AND RIGHT TO USE THE AREA WITHIN THE TERMINAL
BUILDING SHALL BE UPON THE SAME TERMS AND CONE/1710NB 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 MAY BE PRE-
PARED AND ATTACHED HERETO AND MADE A PART HEREOF.,
ARTICLE II
PARTIES TO THIS AGREEJENf
THE ASSIGNOR HEREIN, THE CORPUS CHRISTI BANK &TRUST COMPANY,
1S THE LESSEE OF THE TRACT OF LAND HEREINABOVE DESCRIBED. THE CITY OF
CORPUS CHRISTI LEGALLY LEASED 5A1D PREMISES TO THE ASSIGNOR HEREINAFTER
SECURING THE APPROVAL OF THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI
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AT AN ELECTION HELD ON AUGUST 29, 1959,4• UNDER THE LEASE BETWEEN THE CITY
AND THE ASSIGNOR HEREIN,' THE CITY RETAINED THE, RIGHT 70 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 or.
LAND FROM THE CORPUS -CHRISTI SANK Ya TRUST COMPANY,•TRUSTEE, TO THE ASSIGNEE
HEREIN, HERSHEL AND LYDA N. CHANCE,.DBA C G.T GIFTS AND NEWS, AND THE CITY
OF CORPUS CHRISTI BY ITS 40INDER HEREIN, AGREES 70 ALL OF THE TERMS AND
CONDITIONS CONTAINED HEREIN, INCLUDING THE USE OF THE ABOVE DESCRIBED AREA
WITHIN THE TERMINAL BUILDING, AND THE CITY FURTHER AGREES THAT IN THE EVENT
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OF A JUDICIAL DETERMINATION THAT THIS ASSIGNMENT AGREEMENT WAS ENTERED INTO
.CONTRARY-74.LAW,-0R-VHAT-THE'LEASE"FROM 7HE CITY TO THE ASSIGNOR HEREIN WAS
ENTERED 1N70 CONTRARY TO LAW, THEN THE CITY AGREES 70 TAKE. WHATEVER REASONABLE
NECESSARY STEPS NAY BE REQUIRED TO PROVIDE THE ASSIGNEE HEREIN WITH, A GOOD
AND VALID LEASE OR ASSIGNMENT OF THE SPACE HEREINABOVE DESCRIBED. 17 1S
UNDERSTOOD, HOWEVER, THAT THIS AGREEMENT AND ASSIGNMENT P.UST SE 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 III
.PRIVILEGES, RIGHTS, USES AND INTERESTS
IN ADDITION TO THE PRIVILEGES•, RIGHTS, USES AND INTERESTS ATTACH—
ING 70 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 CONCESSION, AS HEREINAFTER DEFINED.
7.IVO OTHER USE SMALL BE MADE OF THE ASSIGNED PREMISES WITHOUT THE SPECIFIC
PERMISSION OF THE CITY OF CORPUS CHRISTI PRIOR TO THE BEGINNING OFANY
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
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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
70 USE THE PUBLIC AREAS AND PUBLIC AIRPORT FACILITIES INCLUDING THC USE OF.
THE AREA IMMEDIATELY SOUTH OF THE TERMINAL BUILDING, WHICH IS DESIGNATED AS
THE SERVICE COUR7,.IN COMMON WITH OTHERS SO AUTHORIZED. 17 IS MUTUALLY
AGREED, HOWEVER,.7HAT THE RIGHT TO USE THE PUBLIC AIRPORT FACILITIES SHALL
BE EXERCISED SUBJECT TO AND 1N,ACCORDANCE WITH THE RULES AND REGULATIONS
OF THE FEDERAL AVIATION AGENCY, THE LAWS OF THE STATE OF TEXAS, IF ANY, AND
-411—ACCORDANCE-WITH AL•L—REWSONABL•E •ANO APPLICAOLE •RULCS, .REGUII.TIONS ANC)
ORDIiNANCES OF THE CITY OF CORPUS CHRISTI.
D. SPECIAL PRIVILEGES, RIGHTS, USES AND INTERESTS. IN ADDITION
TO THE ABOVE PRIVILEGES, RIGHTS, USES AND INTERESTS, ASSIGa= SHALL HAVE
TRE 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 or THE ASSIGNED PREMISES.
. Z. 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.
F. PRIVILEGES, RIGHTS, USES AND INTERESTS EXCLUDED. IT is sPEcl-
FICALLY AGREED AND STIPULATED THAT THE FOLLOWING PRIVILEGES, RIGH75, USES
AND INTERESTS ARE EXCLUDED FROM THIS ASSIGNMENT;
1.. GROUND TRANSPORTATION FOR HIRE;,
2. th zrERN UNION;
AUTomoDILE RENTAL SERVICE;
ADVERTISING CONCESSIONS EXCEPT FOR THE ADVERTISING
THAT MAY BE DONE WITHIN THE ASSIGNED PREMISES;
5. THE SALE or FOOD AND DRINK;
6. 'THE SALE or 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 70 AND DOES ACCEPT THE ASSIGNED PREMISES ANIS ALL FIXTURES
LOCATED -THEREIN OWNED BY THE CITY OF CORPUS CHRISTI. ASSIGNEE FURTHER --
AGREES THAT NOALTERATIONOR MODIFICATION OF THE EXISTING FIXTURES, INCLUD-
ING SHOWCASES AND OTHER EQUIPMENT, AND NO INSTALLATION OF ADDITIONAL FIXTURES
MAY BE MADE WITHOUT FIRST OBTAINING THE APPROVAL OF THE AIRPORT :TANAGER.
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 Or ITS%INTENTION TO CANCEL TO THE CITY :MANAGER,
POST OFFICE BOX 7622, CORPUS CHRISTI, TEXAS.
ARTICLE V
TERM
THIS ASSIGNMENT AND AGREEMENT SHALL SE FOR A PERIOD OF FIVE (5)
'YEARS, SUSJECT.TO THE RIGHT OF TERMINATION HEREINAFTER PROVIDED. THE TERM
SHALL COMMENCE ON THE 75TH DAY OF FEBRUARY, 3967, AND SHALL TERMINATE FIVE
(5) YEARS FROM SAID DATE.'
• ARTICLE VI
RENT
ASSIGNEE AGREES 70 PAY THE CITY OF CORPUS CHRISTI, AND THE CITY
OF CORPUS CHRISTIAGREES TO ACCEPT A RENTAL bF ONE HUNDRED TWENTY-FIVE
-5-
DOLLA.:S ($125.db) PER MONTH FDR THE FIRST TWO YEARS AND 4:125.00 PER MONTH
OR FIVE PERCENT (5o) OF GROSS REVENUE FOR THE LAST. THREE YEARS, WHICHEVER
1S GREATER, FOR THE USC AND OCCUPANCY OF THE ASSIGNED PREMISES AND FOR THE
PRIVILEGES, RIGHTS, USES AND INTERESTS A5 ABOVE SET FORTH.
THE FIRST MONTHS RENTAL SHALL BE PAID IN ADVANCE PRIOR TO THE
DATE THE NEWSSTAND IS PLACED IN OPERATION DY 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 BAS15. AT THE END OF EACH MONTH DUPING
THE TERM OF THIS ASSIGNMENT, •ASSIGNEE SHALL PREPARE A WRITTEN REPORT SHOWING
THE GROSS INCOME FROM THE NEWSSTAND CONCESSION, AS HEREINABOVE.D'ZSCRIBEO,
-AND-SUBMIT^SAID-REPORT iO THE CITY ALONG WITH THE RENTAL TO BE -PAID THEREFOR.
SAID REPORT AND PAYMENT SHALL BC 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 3% OF THE GROSS INCOME FROM
THE NEWSSTAND CONCESSION EQUALS OR EXCEEDS 125.00 PER MONTH. IN THE EVENT
THAT SAID 5% OF THE GROSS INCOME EXCEEDS $125.00 PER MONTH,.THEN ASSIGNEE
AGREES TO PAY THE DIFFERENCE AT THE SAME TIME AS THE MONTHLY PAYMENT_FOR
THE PRECEDING MONTH.
ALL RENTALS TO BEPAID HEREUNDER SHALL BE 'PAID TO THE AIRPORT.
MANAGER.
ARTICLE VII
UNDERTAKINGS GF 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.AIRPOAT AS A
PUBLIC AIRPORT DURING THE TERM OF THIS ASSIGNMENT, SUBJECT TO ANO CONSIST-
ENT WITH ANO 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 IX, PARAGRAPH E. OF THIS
ASSIGNMENT.
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B. TO PROVIDE AND MAINTAIN THE NECESSARY HEATING AND COOLING OF
THE ASSIGNED PREMISES AND OF THE PUBLIC AREAS WITHIN THE TERMINAL BUILDING '
AT TEMPERATURES WHICH WILL DE COMFORTABLE TO THE USERS THEREOF, AND TO PROVIDE
THE NECE55ARY LIGHTING AND POWER FOR SUCH LIGHTING WITHIN THE ASSIGNED PREHiSES
AND THE PU3LIC AREAS IN THE TERMINAL BUILDING. TO MAINTAIN THE BUILDING AND
THE GROUNDS IN A NEAT AND ORDERLY MANNER, INCLUDING THE NECESSARY JANITORIAL
SERVICE TO ACCOMPLISH SAME WITHIN THE ASSIGNED PREMISES AND THE ?UEL1C AREAS.
ARTICLE VIII
UNDERTAKINGS OF ASSIGNEE
THE ASSIGNEE HEREIN, AS ADDITIONAL CONSIDERATION HEREOF, HEREBY
COVENANTS AND AGREES AS*FOLLOWS,-T0-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 OTCLOCK 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 SUNDAY, THE EXACT HOURS Of OPERATION ON SUNDAY TO BE DETERMINED
BY MUTUAL AGREEMENT BETWEEN ASSIGNEE AND THE CITY OF CORPUS CHRIST:.
B. ASSIGNEE AGREES THAT IT WILL AT ALL REASONABLE TIMES FURNISH
G000, 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 BA51S TO ALL USERS THEREOF, AND TO CHARGE., FAIR, REASON-
ABLE AND NON-DISCRIMINATORY PRICE FOR EACH UNIT OF SALE OR SERVICE; 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 USE, SUFFER. OR PERMIT ANY PERSON TO USE. THE PREMISES HERE.N
ASSIGNED FOR ANY ILLEGAL OR IMMORAL PURPOSES. No PUBLICATION CONTAIN.NG
IMMORAL, INDECENT, OBSCENE, OR VULGAR MATTER SHALL BE OFFERED FOR SALE OR
DISTRIBUTION, 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
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DEEMED 70 BC AN INDEPENDENT CONTRACTOR RESPONSIBLE 70 ALL PARTIES FOR 17S
RESPECTIVE ACTS OR OMISSIONS AND FOR THOSE OF 17S AGENTS, SERVANTS, EMPLOYEES,
INVITEES, TENANTS AND SUBLESSEES, IF ANY, AND THE, CITY OF CORPUS CHRISTI
SHALL IN -NO WAY SE'RESPONSISLE THEREFOR. • ASSIGNEE AGREES TO INDEMNIFY AND
HOLO HARMLESS THE CITY OF CORPUS CHRISTI FROM ANY AND ALL LOSSES THAT MAY
PROXIMATELY RESULT TO THE CITY OF CORPUS CHRISTI FROM ANY NEGLIGENCE, OMISSION
OR COMMISSION, ON THE PART OF ASSIGNEE, ASSIGNEE'S AGENTS,-SERVA:TS, EMPLOYEES
AND INVITEES.
8. NOTICES, NOTICES, 70 THE CITY OF CORPUS CHRISTI SHALL SE DEEMED
SUFFICIENT IF IN WRITING AND HAILED, POSTAGE,PREPAIDj ADDRESSED 7O Ci7Y
MANAGER,.P ..12..80% 1622,_CORPUS-.CHR1371, TEXAS, --OR 1O•SUCH'OTHER ADDRESS AS
MAY RAVE BEEN DESIGNATED IN WRITING SY THE AIRPORT MANAGER FROM TIME TO TIME.
NOTICES TO ASSIGNEE SHALL SE 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 70 TIME UPON ANY IMPROVEMENTS PLACED SY 1T UPON THE
ASSIGNED PREMISES.
B. ALL OF THE TERMS, COVENANTS AND AGREEMENTS HEREIN CONTAINED .
SHALL SE BINDINGUPONAND SHALL INURE TO THE BENEFIT OF SUCCESSORS AND ASSIGNS
OF THE RESPECTIVE PARTIES HERETO.
E. DESTRUCTION. IN THE' EVENT THAT 'THE ASSIGNEE'S 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 8E OPERATED AS AN
AIRPORT, THEN THIS ASSIGNMENT SHALL -TERMINATE AND SHALL NO LONGER BE SIADJNG
ON ANY PART? HERETO.
:N THE EVENT THAT THE ASSIGNED PREMISES AND IMPROVEMENTS OR THE
OTHER AIRPORT FACILITIES REASONABLE AND NECESSARY FOR ASSIGNEE 70 CONDUCT
ASSIGNEE'S BUSINESS ARE PARTIALLY DESTROYED OR DAMAGED DUE TO ACTS OF Goo
OR OTHER ACTS OUTSIDE THE CONTROL OF ASSIGNEE AND/OR THE CITY OF CORPUS
CHRISTI TO SUCH AN EXTENT THAT THE.ASSIGNED PREMISES MAY NOT ECONOMICALLY BE
•
USED FOR THE USES ANO PURPOSES FOR WHICH ASSIGNED,. THEN THIS ASSIGI:NEUT
SIiALL DE SUSPENDED DURING THE PER100 OF SUCH PARTIAL DAMAGE OR DESTRUCTION
AND SHALL NOT BEGIN OR RESUME UNTIL THE DAMAGE HAS BEEN REPAIRED. I: IS
EXPRESSLY UNDERSTOOD, HOWEVER, THAT THE CITY or CORPUS CHRISTI SHALL DETER-
MINE AND SHALL 8E THE SOLE JUDGE OF THE EXTENT OF THE DAMAGE OR DESTRUCTION
70 THE AIRPORT AND SHALL HAVE AN OPTION TO EITHER DECLARE This ASSIGNMENT
TERMINATED OR SUSPENDED OR 70 REPAIR•THE AIRPORT FACILITIES OR IN CASE OF
DAMAGE OR DESTRUCTION TO ASSIGNEE'S IN?ROVEMENTS TO EITHER DECLARE THE ASSIGN-
MENT TERMINATED SUSPENDED OR 70 REQU-IRE ASSIGNEE TO REPAIR' H1s 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 O?ERATION OR. MAINTENANCE OF
THE AIRPORT, THE EXECUTION OF WHICH HAS BEEN OR MAY BE REQUIRED.A5 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, THEN THE CITY OF CORPUS CHRISTI l!:UST PROVIDE ADEQJATE
PREMISES 70 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
PRIVILEGES, 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 70
RETURN ALL IMPROVEMENTS AND EQUIPMENT OWNED BY
THE CITY IN GOOD CONDITION, REASONABLE HEAR ANO TEAR EXCEPTED.
H. CANCELLATION. DEFAULT OF PAYMENT OF ANY OF THE RENTALS FRO -
VIDEO FOR HEREINABOVE SHALL GIVE THE CITY or CORPUS CHRISTI THE RIGHT :0
TERMINATE THIS ASSIGNMENT AT ANY TIME AFTER THIRTY (30) DAYS ,NOTICE IN
-9-
WRITING HAS BEEN GIVEN TO ASSIGNEE, UNLESS WITHIN SAID TIME ASSIGNEE NAS
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 TERM,NATE.TH15
ASSIGNMENT A7 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,.pRoVIDED, HOWEVER, THAT THE CITY OF CORPUS
CHRISTI AGREES TO INCLUDE IN SUCH NOTICE A STATEMENT WITH RESPECT 70 THE.
ARTICLE, AGREEMENT OR CONDITION WHICH THE CITY OF CORPUS CHRISTI CLAIMS
THAT ASSIGNEE IS IN DEFAULT OF.
•
ARTICLE X
TRANSFER OR ASSIGNMENT
THE WRITTEN AUTHORITY OF THE CITY OF CORPUS CHR15T1 SHALL BE
OBTAINED BY ASSIGNEE PRIOR TO ANY SALE, ASSIGNMENT, TRANSFER OR SUBASSIGN-
MENT OF THIS ASSIGNMENT.
••
EXECUTED IN DUPLICATE oN THIs %�? 6:OaY ofl�,, 1966.
ASSIGNEE:
C & T GIFTS AND NEWS
LYDA•,N. CHANCE, PARTNER
ASSIGNOR: '
CORPUS CHRISTI BANK & TRUST COMPANY,
AT3 ST; TRUSTE
S .Y.W1'Doebal, Assistant Cashion
A.
OGER 7 mall. TRUST OFFICER
ACCEPTED AND APPROVED:'.
CITY OF CORPUS CHRISTI, TEXAS
8
TY SECJiiZTARYY I
APPROVED AS I LEGAL FORM This
7 •AY OF , 1905:
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CITY ATTLNNEY
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That the foregoing ordinance w s read for
second reading on this the /(, day of
following vote:
e first time and passed to its
, 19 9 , by the
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read for
third reading on this the 2, day of
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dunphy
Betty N. Turner
Cliff Zarsky
he second time apd passed to its
, 1910 , by the
a2all.42.6411
That the foregoing ordinan ='w•s read for the third time and passed finally
on this the,470 day of 1 , 19:0 , by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the :„?0 day of
ATTEST:
Citecretary
APP
J. BRUCE A
ORNEY
rney
9X0
TH ITY OF CORPUS CHRISTI, TEXAS
15371
PUBLISHER'S AFFIDAVIT
STATE OF TERAS,
County of Nueces. f ss
Before me, the undersigned, a Notary Public, this day personally came ___._..._ ._..
ELMA RODELA . _ who being first duly sworn, according to law, says that he is the
Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Tunes,
.Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publica4ion of
PUBLIC NOTICE Notice is hereby given that the City Council of the City of Corpus Ciristi
of which the annexed is a true copy, was published in Y _._ Corpus Christi Caller. Times
on the 28th day of January 1980 , and once
consecutive.
1 Times
Accounting Clerkk
Subscribed and sworn to before me this_._.. Sth_._day of_.. Februgry.._
Lois Winn
Notary
_191Q
c, Nueces County, Texas
PUBLIC NOTICE
Notice is hereby given that
the-City Council or the City of
Corvus Chris I hos, on the
23rd day M January, 1980,
approved on seeded reading,
having previously approved
on first reading on the 16th
day of January, 1980, anOM-
nonce authorizing the City
Manager to accept and 0p-
prove an assignment of lease
from Hershel and Lyda
Chance, dba C & T Gifts and
News, to Island Enterprises,
Inc., and authorizing the City
Manager to exekute a'modl•
fication of lease agreement
with Corpus Christi Bank
and Trust Company,
Trustee, and Island Enter.
prises, Inc., covering news-
stand facilities of the Corpus
Christi international Airport
for a period of five years end
7.5% of the gross receipts.
The full text of the ordinance
Is availabletothe pubic In
the Office of- the City Secre•
Lary.
•1.8111 G. Read,
City Secretary
City of Corpus
Christi, Texas
PUBLISHER'S AFFIDAVIT
Mit STATE OF TERAS,
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally
___ ELMA RODELA__ _ who being first duly sworn, according to law, says that he is the
Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Tinea,
•Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publica'ion of
FUNIC NOT ICI-lhatiga is hereby gi vantt_ ie Gi t.y_,.Cc»nri 1 of the Ci t•y... s
of which the annexed is a true copy, was published in .COrPus ChristiCaller-Times
on the 21 stday of_ January ...19..1.Q., and once each.___
consecutive. .. .
Times.
. Eka Rodel;
Accounting Clea_
Subscribed and sworn to before me this_._2 $d.. -.._day of_ . Jarw ry
Lois Winn
olea
Notary Public, Nueces County, Texas
AALL)
w Puauc NOTICE
+ Notice Is hereby given that
illy Council of the City of
pue 'Christi hes, on the
adrof ae f lrsf reading ean or-
pal authorizing the City
,aper to accept and ap-
rod'a an assignment of lease
PS Marshal and Lyda
._..ca, dba C & T Gifts and
!News, to Island Enterprises,
Inc., and authorizing the City
Manager to execute a Mad!-
' float:on
ad -
'flcat:on of lease agreement
with Corpus Christi Bink
and Trust Company,
Trustee, end Island Enter
prises, Inc., covering news•
stand facilities at the Corpus
Christi Internaflonel Airpo
for a period of five Years an
7.5%;
he full foot MrM. or.dlnancs.
Is available to the public I
the-Wive of the City Sacra-
tery,
-illi G.'Read,
City Secretary
City pus
Christi,
tl, Ta TexSs.