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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.