HomeMy WebLinkAbout15607 ORD - 06/25/1980 (2)1p:6-23-80;1st
•
?N GROINANCE
AUTHORIZING AN AMENDMENT OF ASSIGNMENT OF LEASE
OF THE RESTAURANT FACILITIES AT CORPUS CHRISTI
INTERNATIONAL AIRPORT, WITH DYNETERIA, INC.,
AUTHORIZED BY ORDINANCE 9803, DATED JULY 14,
1970, AND EXTENDED AND AMENDED BY ORDINANCE NO.
10780, DATED APRIL 5, 1972, ORDINANCE NO. 12740,
DATED AUGUST 6, 1975, AND ORDINANCE NO. 13336,
DATED AUGUST 11, 1976 SO AS TO EXTEND THE LEASE
PERIOD THROUGH JULY 31, 1981, AND TO PROVIDE
FOR CERTAIN CAPITAL IMPROVEMENTS IN THE RESTAU-
RANT AREA TO BE MADE BY THE LESSEE, A COPY OF
SAID AMENDMENT BEING ATTACHED HERETO, MARKED
EXHIBIT "A" AND MADE A PART HEREOF FOR ALL PER-
TINENT PURPOSES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY. THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That there is hereby authorized an amendment to the
Assignment of Lease of Restaurant Facilities at Corpus Christi International
Airport, with Dyneteria, Inc., authorized by Ordinance 9803, and extended
and amended by Ordinance 10780, Ordinance 12740, and Ordinance No. 13336,
so as to provide for extension of the lease period through July 31, 1981,
and providing for certain capital improvements to be made by lessee, as more
fully set forth in said 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 authorize the aforesaid amendment of
lease 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 d7aay of June 1980
ATTEST:
y Secretary
APPROVVED_
6�� day of JUNE, 1980:
J. BRUCE YCOCK, ITY ATTORNEY
i4/
TH CITY OF CO[tMI;SMI®TEXAS
AUG 2 91980
15607
•
AMENDMENT OF ASSIGNMENT OF LEASE OF
RESTAURANT FACILITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT
THE STATE OF TEXAS 1
COUNTY OF NUECES
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Dyneteria, Inc., hereinafter called LESSEE, is the owner
as lessee of a lease from the City of Corpus Christi, hereinafter called
CITY, covering certain space and fixtures at the terminal building of the
Corpus Christi International Airport, which lease was authorized for a
period of five (5) years commencing August 1, 1970 by Ordinance No. 9803,
passed and approved July 14, 1970; and
WHEREAS, Ordinance No. 10780, passed and approved April 5, 1972,
authorized a 5 -year extension of said lease, to August 1, 1980, and amend-
ments thereto provided for changes in the rental rates through July 31, 1975,
and July 31, 1977; and
WHEREAS, Ordinance No. 13336, passed and approved August 11, 1976,
authorized renegotiation of rental/rates and provided for certain capital
improvements to be made by City; and
WHEREAS, at the time,final plans for terminal building improvements
have not been completed and future space allocations for the restaurant area
are unknown, making it undesirable to enter into a long-term agreement; and
WHEREAS, Dyneteria desires to increase seating capacity in the
restaurant and to extend the lease for one year and the City is agreeable to
said conditions:
NOW, THEREFORE, in consideration of the premises and for and in
consideration of the charges, fees, rental covenants and agreements contained
herein, the parties hereto do hereby agree on the following:
ARTICLE I
.The parties mutually agree that the lease, as extended and amended,
entered into between the parties be and the same is hereby continued to the
date of expiration thereof and the terms and conditions of said lease are
continued except as herein amended.
ARTICLE II
City agrees to extend the aforesaid lease, as amended, for one year,
from August 1, 1980 through July 31, 1981.
•
ARTICLE III
In consideration of this lease, Lessee agrees to increase the seating
capacity in the restaurant within six months of the execution of this agreement,
subject to the approval of the Airport Manager.
ARTICLE IV
Lessee agrees to pay the City the following percentages on gross
revenue commencing August 1, 1980 and continuing through July 31, 1980: Gross
on food sales at the rate of 8.26%.
ARTICLE V
It is hereby agreed between the parties, City and Dyneteria, Inc.,
that Dyneteria, Inc. shall have no right by contracts previously executed to
in any way offer for sale any alcoholic beverage. It is intended hereby that
Dyneteria, Inc. sales shall be restricted to food sales only.
ARTICLE VI
The terminal space hereby leased is shown on Exhibit "B" attached
for all purposes.
The contract is subject to novation or revision in renegotiation in
the event future modifications of the terminal building require relocation,
remodeling or alteration of the space occupied hereunder; provided, however,
that special consideration shall be given to the avoidance of any reduction in
the square footage in the terminal building made available to the concession,
and, if such deduction is necessitated, rental will be adjusted accordingly.
WHEREFORE, WITNESS OUR HANDS in triplicate binding the respective
parties effective the day of , 1980.
ATTEST: DYNETERIA, INC.
BY
Assignee
ATTEST: CITY OF CORPUS CHRISTI
City Secretary By
APPROVED:
DAY OF JUNE, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
R. Marvin Townsend, City Manager
Corpus Christi, Texas
A5 day of__91,018,___, 19 eT(
•
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,
MAY
THE
OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
a54 -
The above ordinance was passed by the following vote:
Luther Jones (
Edward L. Sample.
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15307.