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HomeMy WebLinkAbout15371 ORD - 02/20/19801p:1-15-80;lst • 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 • 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. • AGREEMENT TO EXTEND ASSIGNMENT NEWSSTAND CONCESSION THE.STATE OF TEXAS I ' COUNTY OF NUECES f • 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 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 • 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 • 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 • 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 • ASSIGNMENT NEWSSTAND CONCESSION • THE STATE of TCXA3 1 COUYCY • OF NUECES J It • 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 • • • 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 • 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 • 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 -3- • •r. 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. • • 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 -7- • • - r 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: • - CITY ATTLNNEY /3111 Z3,v .19 r7 /*.T4pp601/ 0 . rn- • r.:ur:`..0 1 .,. 1 ►1 • • --11 raG) 4- ' , 1+ .(v1 11 j Al: Drou.i Inv.% :LEP. VAULT 156 '{' TELE PH ; 1164 I • " • roil 129 .S J. 11—C1 0 1 , , - r 'h • TI •1- N:: , r . ti I V . ,.� i i��1;w .10:11] •1 11 L--161 r 0 1--i71�I-1 Is icL,s.sri 1-3 .J:_•• 4. i jL In�j� I I .i. -vt-AIJL ed:_ci4p.1 - I j •M .1 N1 „''„'' jj ii .: i ll11 i d SII I s r lg f -••_ _._ . i ..__ .. i 1 I _1 L![ti1 .. I I1 ��-- .1 -i.=+-.w1.1. r4rz1 rk . i -re, :i t...\Ze. ll;-:. -p C#3 1dI44e.1 C 4J'. ,.'it- ,r -be: -.,1 -Lx 1 . I • PWL •• J T ,l. 4- 1 P '=_.L A. JPAn6 Slid IIS���----- II ,' �IIILDING REST ICT10V !-e c . i fi tii'' •.} COMMERCIAL - I� 71. non • •÷r -coi , \ tsri . r y r'. '\ f % rc; r `•.• REQUIRED 00.. •f- ---- •- III .IL. I—MANGAA (I. !' ITEr ! ! IHANOARIS !. 1 EXTENSIONS I Y�. 0 • Z qq� w ^1 U cr STOFM DRAM ._•�L • • fir• -.• .` • • a • • .1:I I' I 401.1 N s • 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.