HomeMy WebLinkAbout16202 ORD - 05/13/1981AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO APPROVE AN AMENDMENT TO THE
ASSIGNMENT OF LEASE AGREEMENT WITH DYNETERIA, INC., FOR
OPERATION OF THE RESTAURANT AT THE CORPUS CHRISTI INTERNATIONAL
AIRPORT WHICH PROVIDES FOR A ONE-YEAR EXTENSION OF SAID LEASE
AGREEMENT ENDING JULY 31, 1982, ALL AS MORE FULLY SET FORTH
IN THE AMENDMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF MARKED EXHIBIT "A"; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized to
approve an amendment to the assignment of lease agreement with Dyneteria, Inc.,
for operation of the restaurant at the Corpus Christi International Airport
which provides for a one-year extension of said lease agreement ending July 31,
1982, all as more fully set forth in the amendment, a substantial copy of which
is attached hereto and made a part hereof, marked Exhibit "A".
SECTION 2. The necessity to authorize the approval of the aforesaid
assignment of lease agreement at the earliest practicable date creates a public
emergency and necessity requiring the suspension of the Charter rule that no
ordinance or resolution shall be passed finally on the date of its introduction
but that such ordinance or resolution shall be read at three several meetings
of the City Council, and the Mayor or Council members, having declared that
such emergency and necessity exist, 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 2? day of April, 1981.
.ATTEST:
C' Secretary
APPROVED:
DAY OF
, 1981:
J. BRUCE YCOCK, CITY ATTORNEY
MAYOR
THE ITY OF CORPUS CHRISTI, TEXAS
1_6202
MICROFILMED
SLAP 27 ig84
3
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, the City of Corpus Christi, hereinafter called "City,"
pursuant to Ordinance No. 5787, leased to Corpus Christi Bank and Trust
Company, Trustee, on July 14, 1960, a space for the operation of a restaurant
in the terminal building at Corpus Christi International Airport; and
WHEREAS, Dyneteria, Inc. hereinafter called "ASSIGNEE," is the
assignee of an assignment of lease from Corpus Christi Bank and Trust
Company,._.Irustee, hereinafter called "ASSIGNOR," 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 the City; and
WHEREAS, Ordinance No. 15607 passed and approved June 25, 1980
extended lease through July 31, 1981, 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 install new window cover in the
restaurant and to extend the lease for one year and the City is agreeable to
said conditions:
001-
`��"
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 assignment of 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 agreements are continued except as herein amended.
ARTICLE II
Assignor agrees to extend the aforesaid agreements, as amended,
for one year, from August 1, 1981 through July 31, 1982.
ARTICLE III
In consideration of this lease, Assignee agrees to replace all
drapes with suitable wood fiber blinds within six months of the execution
of this agreement, subject to the approvalofthe Airport Manager.
ARTICLE IV
Asignee agrees to pay the City the following percentages on gross
revenue commencing August 1, 1981, and continuing through July 31, 1982.
Gross on food sales at the rate of 8.26%.
ARTICLE V
It is hereby agreed 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 "1" 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 , 1981.
ATTEST: DYNETERIA, INC.
By
Assignee
ATTEST: CORPUS CHRISTI BANK AND TRUST
COMPANY, TRUSTEE
By
Trust Officer
APPROVED:
ATTEST CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
J. Bruce Aycock, City Attorney
By
Assistant City Attorney
By
R. Marvin Townsend, City Manager
rport Manag
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Corpus Christi, Texas
/3 day of
, 19v
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, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, 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, Respectfully,
Council Members
MAYOR
The City of Corpus Christi, Texas
The Charter rule was suspended by the following
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was passed
Luther Jones
Betty N. Turner
Jack K. Dunphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
vote:
by the following
vote:
16202