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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 r -72:11.2144-1-2 v-74/ o ),2 61. / Acir ot)47 Rc-.174a-I4 0.• " /2a 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