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HomeMy WebLinkAbout16232 ORD - 05/13/1981TEXAS: AN ORDINANCE TERMINATING CORPUS CHRISTI BANK & TRUST COMPANY'S LEASEHOLD RIGHTS AND INTERESTS WHICH IT PRESENTLY HOLDS IN THE NEWS STAND AND,GIFT CONCESSION AREA OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL PRESENTLY OCCUPIED BY ISLAND ENTERPRISES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH ISLAND ENTERPRISES, INC. FOR THE RELOCATION AND OPERATION OF THE GIFT AND NEWS STAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE - A PART HEREOF, MARKED EXHIBIT "A", AND EXTENDING THE EXPIRATION OF THE CONCESSION AGREEMENT UNTIL FEBRUARY 27, 1989. BE IT ORDAINED BY THE CITY COUNCIL OF TEH CITY OF CORPUS CHRISTI, SECTION 1. That the leasehold rights and interests of the Corpus Christi Bank & Trust Company which it presently holds in the news stand and gift concession area of the Corpus Christi International Airport Terminal presently occupied by Island Enterprises, Inc., be and the same -are hereby declared.-termi nated. SECTION 2: That the City Manager be and he is hereby authorized to execute a lease agreement with Island Enterprises, Inc. for the relocation and operation of -the gift and news stand at the Corpus Christi International Airport, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A", and extending the expiration of the concession agreement until February 27, 1989. MICROFILMED, SEP 2 71984 THE STATE OF TEXAS COUNTY OF NUECES LEASE AGREEMENT jd/mb Revised: 4/29/81 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, by Ordinance No. 15371, passed and approved on February 20,1980, the City of Corpus Christi approved and accepted the assignment of said Assignment Agreement to Island Enterprises, Inc., whereby Island Enterprises, Inc., agreed to be bound by all of the terms, conditions and provisions set forth in the aforesaid Assignment Agreement, and be subject to all of the terms conditions and provisions of the Airport lease between Corpus Christi Bank and Trust Company and the City of Corpus Christi; and • WHEREAS; Island Enterprises, Inc., hereinafter called "Island", has been and is now operating a newsstand and gift concession at the Corpus Christi International Airport in accordance with the provisions of said Assignment Agreement; and WHEREAS, the City of Corpus Christi, hereinafter called "City", desires the continued operation of said newsstand and gift concession; and WHEREAS, the City desires to change the present location of said newsstand and gift concession to another location within its terminal building at the aforesaid Airport in order to provide additional counter space for.airline companies desiring to ,provide additional passenger service to the City; and WHEREAS, Corpus Christi Bank and Trust Company, Trustee desires to terminate and thereby relinquish its leasehold rights and interest it pre— sently holds in the area of the Airport terminal presently occupied by the aforesaid newsstand and gift concession; and WHEREAS, the City Council in authorizing and approving this Agreement, has determined that Island is obligated hereunder and shall make an investment reasonably relating to the value and length of this concession,; and may,: therefore, extend this concession;'pursuant to City Charter, Article VIII, Section 2(d), for a term of longer than five years: NOW, THEREFORE, for and in consideration of the mutual convenants and conditions to be kept and performed by the parties hereto, and for the further consideration of the extension of the term of this concession beyond the February 28, 1982 date authorized by Ordinance No. 15371, by the City, it is hereby agreed as follows: 1. Island agrees to continue to be bound to City by all of the terms, conditions and provisions set forth in the original Assignment Agreement between the Corpus Christi Bank and Trust Company, Trustee, and Hershel and Lyda N. Chance, dba C&T Gifts and News in the aforesaid assign- ment documents, all of which are attached hereto as Exhibit 1. The newsstand and gift concession granted to Island under the aforesaid assignment documents shall be extended by this lease agreement for a term commencing with the relocation of said newsstand and gift concession as provided below, and ending February 27, 1989. Island agrees to reimburse the City for costs incurred in relocating the newsstand and gift concession to the north- west corner of the sterile area of the Airport terminal building (see attached Exhibit 2) as called for in the plans and specifications for the remodeling of the Airport terminal building which will be performed by Braselton Construction Company. 3. Reimbursement will be made upon completion of the enclosure imporvements and at the request of the City. Estimated cost is $15,000. 4. Island agrees to purchase all enclosure improvements, shelving, counters, fixtures, furniture and any other equipment required for the efficient operation of the newsstand and gift concession. 5. All enclosure improvements and fixtures which cannot be detached from the said improvements without physically damaging said improvements shall become the property of the City upon expiration of the lease period, at the City's option. Furniture, equipment, and other readily movable property shall remain the property of Island. Newsstand and (Gift Concession Page 2 of 3 6. Items for sale which depict human nudity exposing the genitals shall not be placed in any location open to public view, and the violation of this provision will subject the lease to termination at the option of the lessor. Executed this the ATTEST: Secretary ATTEST: City Secretary day of , 1981. LESSEE: By LESSOR: CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager JAPPROVED: 21"�// cr//IJ% APPROVED*. . f3rvee cock) t sol y igg,tu L /.(lie TAssistant Attorney ames . Loas, 'ssi'tant City Manager ATTEST: CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE By Trust Officer That the foregoing ordinance was read for t first time a d passed to its second reading on this the ‘-,g day of 19 , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing'ordinance was read for the second time and passed to its • thirdreadingon this the to day of s'�') . , 19 f/ , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky (4" ar/rO�Lt- Otzze That -the foregoing ordinance was read for the third time and passed finally on this the 13 day of (f? ) , 197/ , by the following vote: Luther Jones ,.-t Betty N. Turner (J Jack K. Dumphy / Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the 1.5 day of ATTEST: y Secretary APPROVED: DAY OF J. BRUCFiAYCOC _ CITY ATTORNEY By Assistant Ci J�'orney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ,1)�)0t� 198/ / t/ 16232 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 U. 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: T. 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,_conditfons 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 oZ-3 —day of �4��� �0.,� , 1980. • ATTEST: • C & T GIFTS AND NEWS Hershel B. Chance, Partner r 9 et- 1L - N. Chance, Partner _ ASSIGNEE CORPUS CHRISTI BANK& TRUST COMPANY, TRUSTEE n 114-14 ATTEST: City Secret APP VED: DAY OF JANUARY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY rector of man CITY OF CORPUS CHRISTI CLLt .:,L 3..?L_AUIHORIZLL I3Y COUNCIL__.._P�� SECRE{ARY 717ERPRISES INV R1TES 1; 2E' lky ( , e "' 7 AGREEMENT TO EXTEND ASSIGNMENT NEWSSTAND CONCESSI0:I 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> Carpus Christi, Texas, hereinafter -referred to as Assignee, - ' WITNESSETH: -WHEREAS, by Ordinance No. 8230, passed and approved -on November 2, 1956, -tie -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, for a 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 considerations -of the charges, fees, rentals, covenants and agreements con- tained herein, the parties hereto do hereby agree as follows: L. 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 2I, 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 "L". , 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 fora rental o; Seven and on d - -.e-halr;_per cent (7.51.) of gross. i1co.:,e__.=-:-_--- 1977. - EXECUTED IN DUPLICATE on this the of ATTEST: Apiv.TED: 4pAy-oF vractrx), 1977: 'J.. BRUCE AYMK, CITY—ATTORNEY Asp4 " .sistant CitY,j,AttoriwYTT - SLC44-TAla C & T GIFTS AND NEIS Hershel B. Chance, Partner NUhance, Partner _ ASSIGNEE CORPUS CHRISTI BANK & "TRUST COMPANY. TRUSTE 1 By ACCEPTED AND APPROVED: CITY OF CORPUS -CHRISTI d, City Mama By • R. Mar in Tohms 0 DY CorrL .THE.STATE OF TEXAS . COUNTY OF 7\UECES • AGREEMENT TO EXTEND ASSIGNMENT • NEWSSTAND CONCESSION ' 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 7Z4 Savage Lane, Corpus Christi,_Texas, hereinafter referred to -as Assignee, ; WITNESSETH:- '. • W} EREAS, by Ordinance No. 8230, passed and approved on November 2, 1965,- -the -City of -Corpus Christi -approved and accepted an Assignment Acreement between 'the Corpus Christi Bank and Trust Company, Trustee,_and.Hershel and Lyda N.7— . ."— . 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: . 'IT:M. THEREFORE, IN CONSIDERATION OF THE PREMISES and for and in con- sideration of the charges, fees, rentals, covenants and agreements contained - herein, the_par ties hereto do hereby agree as follows: i_ 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 on tiarch 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.thegl . f February,' 1972. • 'AT ESTI f ,e.4 t.1 'ATTEST: ASSIGNEE: C & GIFTS/NEWS EWS' /:" :6-/,J /,,,*_� - ASSIGNOR: Hershel B. Chance, Partner • Lyda N. C'n:.e , Partner • • CORPUS CHRISTI BANK. & TRUST COMPANY; TRUSTEE: . D. MICHAEL: HUNTER i4SSIST/iNT VICE PRESIDENT u- USS OFFICER -ACCEPTED AND APPROVED: - CITY OF CORPUS _CHRISTI; TaAS' r't J /1 �.� BY City Secretary R..Marvin Townsend, City Mana APPROVED:- 1 . DAY OF FEBRUARY;. 1972_ • >/ jY ,City Azzorsdey ASS1GNYENT NEWSSTAND CONCESSION - TFiE sTATC' OF TCxA5 COUNTY OF NIECES J THIS AGREEMENT MADE 8Y AND BETWEEN THE CORPUS CHRIST/ BAN'!. a Tau COMPANY, TRUSTE, HEREINAFTER REFERRED TO. AS ASSIGNOR, AND HERSH EL AND LYDA. N. CHANCE, D3A C G. T' GI FTS ,AND {NEWS, WHOSE ADORESS lS 724 SAVAGE' LANE, CORPUS CHRISTI, TEXAS, HEREINAFTER REFERRED' TO AS ASSIGNEE. 14I T N'E SSETH: • • -WHEREAS, THE Ass IGNOR HEREIN, THE CORPUS CHRISTI BANK Z. Taus': COMPANY, TRUSTEE; -HAS BY AGREEMENT WITH THE"CITYOF CORPUS CHRISTI, LEGALLY SECOIiE THE-ZESSEE. OF CERTAIN LANDS AND PORTIONS Ol "THETERMINAL—BUILDING. LOCATED WITHLN'THE SATE OF CORPUS CHR ISTI'INTERNATIONAL AIRPORT:, NUECES COUNTY,__T EXAs;.--AND WiERCAS,_THz: AFORESAIO AGREEMENT BETWEEN THE CORPUS C:-.RISTL B.'.riit_&. TRUST CO?SPANY,TRUSTEE,.-.AND_ THE CITY OF CORPUS -CHRI STI, WAS DULY AND LEGALLY - APPROVED BY-THE=gUAL1FIED-VOTERS AT AN ELECTION HELD UN AUGUST 29, 1959; ano WHSAS, THE CM*. OF CORPUS -CHRISTI MAINTAINS AND OPERATES CORPUS CHRLSTL INTERNATIONAL -AIRPORT AS A PUBLIC AIRPORT AND ALL USES-ItiCIDzu THERETO, FOR THE BENEFIT OF THE PUBLLC;'AND - - WY.ZRcAS, ASSI.GUEE PROPOSES TO ENGAGE IN THE BUSINESS OF OPERATING A CIFT-SHOP AND NEWSSTAND'CONCESSION, AS HEREINAFTER MORE PARTICULARLY' DEFINED; AND • I4 RZAS, Ass IGaOR DEEMS 1-T ADVANTAGEOUS TO ASSIGN UNTO ASSIGNEE A_ CERTAIN PORTION OF THE LANDS LEASED 8Y ASSIGNOR FROM THE CITY OF CORPUS CHRLSTL, COMPRISING APPROXIMATELY ONE HUNDRED (100) SQUARE FEET, AS HERE:IIZ— AFTER MORE PARTICULARLY DESCRIBED, TOGETHER WITH -THE RIGHT TO USE -A PORTI OF THE TERMINAL BUILDING AND THOSE PRIVILEGES, RIGHTS, USES AND INTERESTS INCIDENT THERETO, AS HEREINAFTER SET OUT; AND - - ;•. WHEREAS, ASSIGNEE DESIRES TO OBTAIN AND AvAIC TOGETHER WITH THE RIGHT TO USE THE PORTION OF SAID TERM HEREINAFTER DESCRIBZO,' AND OF THOSE PRIVILEGES, RIGHTS, - INC/DENT THERETO, AS HEREINAFTER.SET OUT: ITSCLF OF THE LAND INAL BUILDING, AS USES AND INTERESTS NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND FOR AND iN CONSIDERATION OF THE CHARGES, FEES, RENTALS, COVENANTS AND AGREEMENTS CON- TANNED HEREIN,•THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS;'. ARTICLE I DESCRIPTION 'OF ASSIGNED SPACE ASSIGNOR DOES HEREBY ASSIGN UNTO ASSIGNEE,' SUBJECT "TO.ALL «-I 07 THE TERMS, CONDITIONS-AUD-COVENANTS OF THIS AGREEKENT, ALL OF THAT CER•..INi PARTICULAR TRACT_OF LAND CONTAINING ONE HUNDRED (1 00) SOUAR F E As -SHOWN AND D£SCRI ED--ON=THE_ArACHEO DRAWING MARKED EXHIBIT "$n _ - AND AS"OIrL1NEO THEREIN. AN -ADDITION -TO SAID TRACT OF LAND, THE ASSIGNEE HEREIN tS HEREBY --GIVEN THE PRIVILEGE AND BIGHT•TO USE THE AREA WITHIN THE TERMINAL BUILDING _AT COR?US•CHAISTI-INTERNATIONAL AIRPORT -DESIGNATED AND DESIGNED "FOR USE AS •A GIFT SHOP-A:CD:.NEWSSTAND-CONCESSION, AS SHOWN AND DESCRIBED ON -TME ATTACHED c'XHiB1T, ,HARKED EXHIBIT '!AP. .....THE AFORESAID EXH181TSS WHICH ARE -ATTACHED HERETO, -AND ARE MADE A PART.HEREOF FOR ALL INTENTS AND -PURPOSES A• S IF COPIED . VERBATIM HEREIN. THE -PRIVILEGE. AND RIGHT TO USE THE AREA WITHIN THE TERMINAL EUILDiNG'-SHALL_$E UPON THE SAME TERMS AND CONDITIONS_ AS' THE ABOVEEHENTIONED TRACT OF LAND. IN THE EVENT THAT ITBECOMES'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 WAY SE PRE- PARED AND ATTACHED HERETO AND MADE A PART HEREOF., ' : ARTICLE 11 - - PARTIES TO THIS AGREEMENT THE ASSIGNOR HEREIN, THE CORPUS CHRISTI BANK u TRUST COMPAN?, 1S THE LESSEE 07 THE TRACT OF LAND HEREINABOVE DESCRIBED. THE CITY OF CORPUS CHRISTI LEGALLY LEASED SAID PREMISES TO THE ASSIGNOR HEREINAFTER SECURING T_HE APPROVAL OF THE CUALIFIED VOTERS OF THE. CITY OF CORPUS CHRISTI • • p.. ELECTION HELD ON AUGUST 29; 1959.<' 'UNDER THE LEASE SETWEE4 THE CITY . AND THE ASSIGNOR HEREIN,_ THE CITY RETAINED THE, RIGHT TO APPROVE ALL ASSIGN-- - MENTS AND 5UB-LEASES AND TO APPROVE THE -TERMS AND CONDITIONS CONTAINED THEREIN.- THIS,ACREEMENT IS AN ASSIGNMENT OF THE ABOVE DESCRIBED TRACT OF - LAND FRo- THE CORPUS CHRISTI BANIL a. TRUST COMPANY,- TRUSTEE, TO THE AsstaNEE HEREIN, HERSHEL AND LYOA RV. CHANCE, -DBA C & T GIFTS AND NEWS; AND THE CITY Or -CORPUS CHRISTI BY ITS JOINDER HEREIN, AGREES TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING -THE USE OF TrE ABOVE DESCRIBED AREA WITHIN THE TERMINAL BUILDING, AND THE CITY FURTHER AGREESTHAT IN THE EVENT I• OF A JUDICIAL,DETERMINATION THAT THIS ASSIGNMENT AGREEMENT WAS ENTERED INTO" —GONTRAR.Y-.TD•LAW,-OR-=fHATiHE•LEAS'c-FRO.y THE 'CITY 'to THE. ASSIGNOR HEREIN %A5 ' ENTERED.INTO CONTRARY TO LAW, THEN THE CITY AGREES TO TAKE WI-IAT.E.VER-REASONABLE NECESSARY. STEPS -MAY -BE REQUIRED TO -PROVIDE THE ASSIGNEE HEREIN- WITH A GOOD AND VALID LEASE OR ASSIGNMENT OF THE SPACE HEREINABOVE DESCRIBED. IT IS _UNDEERSTOOD,-HOWEVER,_THAT THIS AGREEMENT AND ASSICNHENT-MUST SE ACCEPTED AND APPROVED BY -THE CITY, IN WRITING NOTED'HEREIN, BEFORETHE-CITY IS BOUND BY _ ANY OF THE'7ERM5 OR CONDITIONS SET FORTH HEREIN. ARTICLE III - --PRI VI LEGES. RI GETS, USES AND I N7E-RESTS IN"ADDITION TD THE PRIVILEGES, RIGHTS, USES -AND INTERESTS ATTACH- = IND TO 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 O+ PREMISES.-: ASSIGNEE SHALL USE -THE ABOVE DESCRIBED-PRE- . HISES FOR'THE-OPERATION- Or` THE NEWSSTAND CONCESSION,_AS HEREINAFTER DEFINED.. No OTHER OSE5$ALL BE MADE OF THE ASSIGNED PREMISES -WITHOUT THE SPECIFIC - YERMISSiON'OF'TIIE CITY OF CGRPU$ CHRISTI PRIOR TO THE BEGINHINC OF' ANY • 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-. GIFT ITEMS AND OTHER SIMILAR RELATED (TENS REASONABLY ASD NORMALLY SOLO •THROu CH THIS TYPE OF A CONCESSION. C. GENERAL PRIVILEGES,'RIGHTS, USES :,.:D INTERESTS. IN ADD IT ION . TO THE ABOVE DESCRIBED ASSIGNED SPACE, ASSIGNEE HEREIN SHALL HAVE THE RICHT 70 USE THE PUBLIC AREAS AND PUBLIC•AIRPORT FACILi7IES INCLUDING 7HC USE OF. THE AREA 1N.MEDIATZLY SOUTH OF THE TERMINAL BUILOING, WHICH is DEGIGNA7 u7 AS • THE SERVICE COuRT,.IN COMMON WITH OTHERS SO AUTHORIZED. IT IS t4UTUALLY .AGREED, HOUEVER,-THAT THE RIGHT TO USE THE PUBLIC AIRPORT FACILITIES -SHALL BE -EXERCISED SUBJECT TO AND•INa ACCORDANCE WITH THE RULES AND REGULATioSS OF THE FEDERAL A'.ViATI0.1 AGENCY, THE LAWS OF THE STATE OF TEXAS, 14-. ANY, AND •-Y-N-•-ACCOZDANGE.-W1TH AL•L REASONABLE •AND IIP?LICABLE`RUL'ES, •RZGULA-EI0 S AND ORDINANCES 05 -THE CITY OF-COR?Us CHRISTI. D. SPECIAL PRIVILEGES; RIGHTS, USES AND INTERESTS. IN ADDITION; TO THE ABOVE_P RIV1LEGZSJ-RIGHTS, USES AND INTERESTS, ASSIGNEL_, SHALL HAVE THE FOLLOWING, SPECIAL' PRIVILEGES, RIGHTS, USES AND INTERESTS: • - .- ASSIGNEE SHALL•SEENTITLED 70 PLACE AND ERECT" SIG.tis AND ADVERT IS 1:1G., MATERIAL WITHIN WITHIN THE ASSIGNED PREMISES AND AT OTHER LOCATIOgiS-GN.THE.AIR?ORT PROVIDED- THE:SIZE AND SHAPE OF SUCH, SIGNS AND OTHER ADVERT iSINC MATERIALS • SHALL CONFORM TO THE GENERAL APPEARANCE OF THE AIRPORT -AND THE -BUILDINGS .LOCATED THEREON AND PROVIDED THAT PERMISSION IS °STAINED FROM THE.CITY OF . CORPUS CHRISTs PRIOR I0 THE•INSTALLATION OF ANY SIGN OP. ADVERTISING (MATERIAL • • AT ANY LOCATION OUTS1Dc OF THE. ASSIGNED PREMISES. • . -E._ -EXCLUSIVE PRIVILEGES, RIGHTS, USES AND INTERESTS. - K Is • UNDERSTOOD BY AND BETWEEN THE PARTIES HERETO, THAT THE ASSIGNEE. HEREIN SHALL NAVE 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 NELTNER THE ASSIGNOR HEREIN NOR THE CITY OF CORPUS CHRISTI SHALL GRANT THESE SAME PRIVILEGES AND • RIGHTS 73 ANY OTHER ?ARTY DURING THE TERM OF THIS ASSIGNMENT AND AGREEMENT. F. PRIVILEGES, RIGHTS, USES AND INTERESTS EXCLUDED_ iT 4s SpEGI- fICALLY AGREED AND STIPULATED THAT THE FOLLOWING PRIVILEGES, RIGHTS, USES AND INTERESTS ARE EXCLUDED.FROM THIS ASSIGNMENT: 1. GROUND TRANSPORTATION FOR HIRE;- • 2. i'J£S'+ Ei1N UNION; . AUTOMOBILE RENTAL SERVICE; ADVERTISING CONCESSIONS EXCEPT FOR THE ADVERTISING THAT HAY BE DONE WITHIN THE ASSIGNED PREMISES; 5. THE•SALE OF FOOD AND DRINK; _ -6, -THE SALE OF FLIGHT AND/OR.TRIP INSURANCE EITHER BY • - MACHINE OR PERSONALLY BY EMPLOYEES OR ACENTS OR IN ANYWISE"SELLING INSURANCE AT ANY PLACE ON AIR?OAT• PROPERTY. •- ARTICLE IV . • ACCEPTANCE -Or PREMISES ASSIGNEE ACKNOWLEDGES THAT -.THE PREMISES HAVE SEEN - 1::5pECTED AND DOES HEREBY -AGREE TO .AND DOES_ACCEPT' THE ASSIGNED PRE.MtSES .41:J_.ALL FIXTURES. LOCATED -THEREIN OWNED-SY THE CITY Or CORPUS CHRISTI. ASSIGNzz FI! ' • RTHLR' AGREES THAT NO ALTERATION OR MODIPICATION OF THE EXISTING FIXTURES, INCLUD— INC SHOWCASES AND OTHER EQU1Pt.ENT ANDNO _ 'MAY BE m0E:WITHOUT FIRST OBTAINING THE APPROVAL OF THE AIRPORT' MANAGER. ! INSTALLATION OF ADDITIONAL. FIXTURES Ir THE CITY DEEMS IT NECESSARY TO RELOCAT;:- THE_FACliLT!ES AND OPERATION—O- THE ASSIGNEE TO ANOTHER SPACE AND THE -ASSIGNEE IS' -NOT -AGREEABLE a0 T1 -,E -RELOCATION, THE ASSIGNEE MAY CANCEL THIS LEASE -AFTER - FIRST GIVING 30 DAYsa- WRITTEN NOT ICE OF ITS: INTENT ION TO CANCEL TO THE CITY-•-.MA:IAGER,- • • ?osT OFFrcz Box 1622, COR?US CHRISTI, TEXAS.' - • ARTICLE V TERM • THIS ASSIGNMENT AND AGREEMENT SHALL SEFOR A PERIOD OF FIVE (5) -YEARS, SUBJECT:TO THE RICHT OF TERMINATION HEREINAFTER PROVIDED- THE TERM -SHALL COMMENCE ON THE 15TH DAY OF FEBRUARY, 1967, AND SHALL TERMINATE FIVE - (5) YEARS FROM SAID DATE:- -• ARTICLE VI - RENT ASSIGNEE AGREES TO PAY THE CITY OF CORPUS CHRISTI, -AND THE CITY OF CORPUS CHRISTI CREESTO ACCE?T A RENTAL bF ONE HUNDRED TWENTY-FIVE )0LLA"S 0125.63) PER MON7ii FOR THE FIRST TWO YEARS AND y125.00 PER KOYTH• OZ -FIVE PERCENT `5A) OF GROSS REVENUE FOR THE LAST THREE YEARS, 0/H tCHEVER j5 GREATER FOR THC USE AND OCCUPANCY OF THE ASS.I c:;ZD PREMISES AND FOR THE PR{VILEGES, RIGHTS, USES AND INTERESTS AS ABOVE SET FORTH. THE FIRST MONTH'S RENTAL SHALL DE PAID IN ADVANCE PRIOR 70 THE DATE THE NEWSSTAND iS PLACED IN OPERATION BY ASSIGNEE AND IN NO EVEnT LATER -THAN FEBRUARY 15, 1907- THEREAFTER THE RENTALS TO BE ?AID BY ASSIGNEE HEREIN, SHALL BE DUE AND PAYABLE -ON A MONTHLY BASIS, AT THE END OF EACH MONTH DURING THE TERM OF' TH;S ASStGNKENT, ASSIGNEE SHALL PREPARE A WRITTEN REPORT SHOWING THE GROSS INCOME FROM THE NEWSSTAND CONCESSION, AS HEREINABOVE.OZScRIBED, .-AND—SUBMIT SAID --REPORT T O -THE C3 i Y ALONG WITH THE RENTAL To Bi.. PAID• THEREFOR • SAID-RE?ORT-AND-PAYMENT=SHALL•BZ SUBMITTED AND PAID NO LATER THAN THE F1FTiENTH (15TH) DAY OF THE MONTH -FOLLOWING THE MONTH FOR WHICH PAYMENT IS'BE:tiG MADE- AT THE END OF THM THIRD, -FOURTH AND FIFTH YEARS UNDER THIS ASS;GNh;ZNT, A55IGNZE SHALL PREPARE_ A -STAT EmEN:-SHOt!ING WHETHER OR NOT Sp or THE GROSS - INCOME FROM a THE: NEWSSTAND=CONCESSi O'N - EQUALS OR EXCEEDS $125.00 PER MONTH- IN TIZ EVENT THAT SAID 5/�•I 'OF -THE •GROSS INCOME EXCEEDS $125.00 PER MONTH, -THEN =ASSIGNEE: - _ AGREES TO PAY THE, DIFFERENCE AT THE SAKE TIME. As THE MONTHLY PAYMEUT FoR TRE- PRECEDING MONTH. ALL 'RENTALS TO BE. PA10 • MANAG:Rf • HEREUNDER SHALL BE PAID TO THE AtR?oRT. ARTICLE VII UNDERTAKINGS OF THE CITY OF CORPUS CHRISTI THE_CITYHEREIN, AS PART OF THE CONSIDERATION, COVENANTS ANO AGREES AS FOLLOWS; - A. -To O?:RATE THE CORPUS CHRISTI 1NTERNATI ONAL AIRPORT AS A PUBLIC AIRPORT OUR INO THE TERM OF THIS ASSIGN -:ENT, SUBJECT TO AND CONSIST— ENT WITH AND PURSUANT TO THE SPONSORS ASSURANCES GIVEN BY THE CITY TO THE UNITED STATES GOVERNMENT UNDER THE FEDERAL AIRPORT ACT, AND SUSJECT TO THE CoND1T1ONS AND HAPPENINGS CONTAINED IN ARTICLE 1X, PARAGRAPH E. OF THIS • ASS I GNMENT. • • • B. TO nOVIDE AND MAINTAIN THE NECESSARY HEATING AND COOLING OF ASSIGNED PREMISES AND OF THE PUBLIC AnEAs WITHIN THE. TCRMINAL SUILDIN G " T TEMPERATURES WHICH WILL BE COMFORTABLE TO THE USERS THEREo , AND TO Pit OVJDE THE NECESSARY LIGHTING AND POWER Von SUCH LIGHTING WITIIIN THE ASSIGNED PREMISE- AND THE PUBLIC 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 PUBLIC AREAS. ARTICLE VIII UNDERTAKINGS OF ASSIGNEE THE ASSIGNEE HEREIN, AS ADDITIONAL CONSIDERATION HEREOF, HEREBY COVENANTS AND AGREES .s'FOLLOWs,•iQ-WIr: • A. _ASSIGNEE AGREES -THAT 1T- WILL OPERATE THE NEWSsT.AND AND GIFT SHOP AT LEAST SIXTEEN (166) HOURS A DAY MONDAY THROUGH SATURDAY-- THE HOURS or OPZRATt'Oi4:-WILL.BE AT -LEAST -FROM 5:30 O'cLoc A.M.'i. T O r 1t 9_3G G cLOCiC P.K. SS1G:.Ec - /FURTHER -AGREES TO KEEP THE NEWSSTAND AND GIFT SHOP OPEN FOR AT_LEAST EIGHT (8j HOURS -ON SUNDAY,_THE EXACT HOURS OF OPERATION ON SUNDAY TO BE DETERMINED BY MUTUAL AGREEMENT BETWEEN ASSIGNEE AND THE CITYOFCORPUSJ.CHai57.. B. ASSIGNEE AGREES TJ -IAT IT WILL AT 'ALL. REASONABLE -M MESFURNISH GOOD, 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 A`J ICON-DMCRIMINATOR`! BASIS TO ALL USERS THEREOF, AND"TO CHARGE.A TAIR, REASON- ABLE AND NON-DISCRIii1NATORY PRICE -FOR EACH UNIT OF.SALE OR SERVICE -PROVIDED THAT ASSIGNEE WILL BE ALLOWED TO MAHE REASONABLE AND-NON-DISCRi.:INATORY. D.5- COUNTS:,REBATES-OR OTHER -SIMILAR TYPE OF PRICE REDUCTIONS TO VOLUNE PURCHASERS. ASSIGNEE -SHALL NOT USE, SUFFER. OR PERMIT ANY PERSON TO USE .THE PREMISES HERE.% ASSIGNED FOR ANY ILLEGAL OR IMMORAL PURPOSES. No PUBLICATION CONTAt...NG IMMORAL, -INDECENT, OBSCENE, OR VULGAR MATTER SHALL BE OFFERED FOR SALE OR DISTRIBUTION, OR DISPLAYED. ARTICLE IX - GENERAL PROVISIONS -- A. INDZ:'NIF1CATION. IT ,IS EXPRESSLY UNDERSTOOD AND AGREED BY • AtlD BETWEEN THE PARTIES HERETO THAT THE ASSIGNEE HEREIN iS AXD SHALL BE DEEMED To BC AN .INDEPENDENT CONTRACTOR RESPONSIBLE 70 ALL RESPECTIVE ACTS OR OMISSIONS AND FOR THOSE OF ITS AGENTS", v^INVITE£s, TENANTS AND SUDL£SSgZS, IF ANY, AND THE CITY OF SHALL iN-NO wAY DCRESPONSISLE THEREFOR. ASSIGNEE AGREES HOLD iiARY.LESS THE CITY OF CORPUS CHRISTI FROM ANY AND ALL PROXIMATELY RESULT To THE CITY of CORPUS CHRISTI FROM ANY PARTIES FoR ITS SERVANTS,•£.PLOY£ES, CORPUS CHRIST; To sNoEHNtFY AND LOSSES THAT RAY NEGLIGENCE, OMISSION EMPLOYEES OR COMY.ISSION, ON •THE PART of ASSIGNEE, ASSIGNEE'S AGENTS, • SERVANTS, AND iNVIT£ES.- • B._ CES. NOTICES, TO THE CITY OF CORPUS CHRISTI SHALL BE DEEMED SUFFiGrENT IF IN WRITING AND MAILED, POSTAGE.FREPAID; ADDRESSED -TD CITY .A:ANAczR,_--a-13ox .7.0'22,--CaRPvs-.CHRIST. 1, •! E');AS,-•OR 'TO •SUCH 'OTIuR 'ADDRESS AS KAY -HAVE BEEN,DESIGNATED IN WRITING BY THE AIRPORT MANAGER FROM TIME.TO T1HE. +1o. IC s TO ASSIGNEE SHALL BE DEEMED SUFFICIENT IF IN WRITING AND 1'', M:,;LED, •7 POSTAGE PREPAID,_ADDRESSED 70 ASSIGNEE AT (L4 SAVAGE LANE,—CORPUS CHRISTI-, TEXAS. C. -TAXES. THE ASSIGNEE AGREES 7o PAY ANY AND ALL ?EnsONAL PRGPERTY TAXES LZVIED_FKOM- TIME -To —.IY.E UPON ANY IMPROVEMENTS PLACED 5y IT UPON: THE _ASSIGNED pREMISES. D_ ALL OF THF --rz s, COVENANTS AND AGREEMENTS Y.cREiN CONa`AtNED -SHALL HL_HINDiNG UPON AND SHALL INURE TO THE BENEFIT OF -SUCCESSORS AND_gSS;GNS OF THE enes?cC1Yr PARTIES d1ERET0. _ E. n s-rRUL`i 1091. IN THE 'EVENT THAT THE ASSIGN _ EE's IY.PROVzMENTS OR THE AIRPORT IS DAMAGED OR DESTROYED BY ACTS OF GOD--0R'THROUGH-ENE1,Y-Ai�ACK OR FOR ANY OTHER_REASON OUTSIDE THE CONTROL OF ASSIGNEE AND/OR THE CITY -OF CORPUS CHRISTI TD SUCH AN EXTENT THAT THE AIRPORT CANNOT BE,OPERATED AS AN AIRPORT., THEN THIS 'ASSIGNMENT SHALL TERMINATE AND SHALL NO LONGER SE ZI; DiNG ON ANY -PARTY HERETO. - IN THE WENT THAT THE ASSIGNED PRE::ISEs AND IHPROVEY.EN7S oR THE OTHER A1RP0RT FACILITIES REASONABLE AND NECESSARY FOR ASSIGNEE 70 CGNOUCT ASST GNEEtS BUSINESS ARE PARTIALLY DESTROYED'OR DAF:AGED DUE TO ACTS OF GOD DR OTHER ACTS OUTSIDE THE CO1TRGL OF ASSIGNEE AND/OR THE CITY OF CORPUS CHRISTI TO SUCH AN EXTENT THAT THE. ASSIGNED PRERtSEs RAY NOT'ECDNOM:CALLY C • sco FOR THE USES AND PURPOSES FOR WHICH ASSIGNED. THEN Tilts ASST Cr:ME:T • !SHALL DE SUSPENDED DURING TNC PERIOD OF %,ANO SHALL NOT DEGIN OR RESU?1E-UNTIL THE EXPRESSLY UNDERSTOOD, HOWEVER., THAT THE MINE AND SHALL BE THE SOLE. JUDGE OF 74.E 70 THE AIRPORT AND SHALL HAVE AN O?TION TERMINATED OR SUSPENDED OR TO REPAIR•T r. SUCH PARTIAL DAMAGE OR DESTROCTIOta DAMAGE' HAS BEEN REPAIRED. .17 15 CITY Or CORPUS CHRISTI SHALL DETER— EXTENT OF THE DAMAGE GR DE57RUCTiON 70 EITHER DECLARE THIS ASSIGNMENT C •HE AIRPORT FA ZLiTIES OR IN CASE: OF DAMAGE OR DESTRUCTION TO ASSIGNEES IMPROVEMENTS TO EITHER DECLARE THE ASSiGa HENT TERH1.'v ATED, SUSPENDED OR 70 REQUIRE ASSIGNEE 70 REPAIR- MLS- 1MPROVENE:a.—S SU6ORD1aN'ATION. THIS ASSIGNMENT SHALL BE SUBORDINATE -TO . _ THE. ?ROVISIO.VS':0F ANY; EXIST-ING OR FUTURE:AGREEMENT AETCMEN THE CITY Cr CORPUS —CHRISTI AND THZ_UNZTED-STATES-RELATIVE TO THE OPERATION OR MAINTENANCE OF THE;A4R?DRT7:THC EXECUTION OF WHICH HAS BEEN OR MAY BE REQUtRED.AS 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 TAXE'ANY OF THE PREMISES=UNDER -THIS-•ASSIGNMENT OUT FROM UNDER THE CONTROL OF TMs, CITY OF CORPUS CHRISTI -0R TO SU5.STANTIALLY DESTROY THE COMMERCIAL VALUE,_.OF.THE ASSIGNED ?REH15<S, THEN THE CITY OF CORPUS CHRISTI MUST-"PROVIDZ_ADEGUAT_ PREMISES To ASSIGNEE 0.3 THIS ASSIGNMENT SHALL TERM t NATE AND SE_ NO _LONGER IN •` FORCE. G. TERMINATION. 1O,N. THIS ASSIGNMENT SHALL—TERMISATE AT Tat END'Or THE PERIOD SET FORTH IN ARTICLE V HEREINABOVE,_AND ASSIGNEE-SHALL-HAW:NO-_ FURTHER RIGH; OR INTEREST IN ANY OF THE ASSIGNED PREMISES OR IN ANY OF THE PRI1/ LEGES, RIGHTS, USES OR OTHER INTERESTS CONTAINED IN THIS ASSIGNMENT, AND ASSIGNEE AGREES TO VACATE AND 70 SURRENDER ALL IHPROVEM'ENTS AND EQUIP- - HENT OWNED 8Y :HE CITY, UNLESS ASSIGNEE AND THE CITY RENEGOTIATE SAID ASSiGN— HENT AND ENTER INTO A MUTUALLY SATISFACTORY AGREEMENT EXTENDING THE TERN HEREOF. ASSIGNEE AGREES 70 RETURN ALL IMPROVEMENTS AND EQUIPMENT OWNED SY THE CITY IN GOOD CONDITION, REASONABLE WEAR AND TEAR EXCEPTED. H. CANCELLATION_ DEFAULT OF PAYMENT OF ANY OF THE RENTALS PRO— VIDED FOR HEREINABOVE SHALL GIVE THE CITY OF CORPUS CHRISTI THE -R/ GnT :O TERMINATE THIS ASSIGNMENT AT ANY TIME AFTER THIRTY / Q DAYS,NOTICL IN • - AafING HAS BEEN CIVEN TO ASSIGNEE, UNLESS WITHIN SAIo TIME, ASSICNEC HAS FULLY -COMPLIED WITH THE RENTAL PROVISIONS. DEFAULT OF ANY OF THE OTHCR AGRCCMCNTS O;i THE FART OF ASSIGNEE SHALL LIIGEWISE GIVE THE CITY OF CORPUS CHRISTI THE RIGHT TO TERMINATE THIS ASS/GNMENT AT ANY TIME AFTER THInTY (30) 1DAYS NOTICE to WRITING HAS 8E2N G1V£N TO ASSIGNCE, UNLESS WITHIN SAID TIME ASSIG;IEE 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 TO THE ARTICLE, AGREEMENT OR CONDITION WHICH THE CITY.OF CORPUS CHRISTI CLAIHS THAT ASSIGNEE IS. IN DEFAULT OF. ARTICLE X ` TRANSFER OR ASSIGNMENT -THZ-NlRi TEN_AUTiioaiTY OF THE CITY OF CORPUS CHRIS -TI SHALL BE OSTAINED"aY-ASS1CNEE PRIOR TO ANY SALE, ASSIGNMENT, TRANSIER OR SUSASSiGN— I-ENT OF THIS .ASSIGNMENT. EXECUTED IN DPLICATS ON THIS:1 -DAY o� ASSIGNEE: • • C & T GIFTS AND NEWS .$oo_ ATTc.— ASSIGNOR: CORPUS CHRISTI DANK , T....-- __ TRUSTE • 5.:--• DY 1 Cridr rios e1, Assistant- Casnie: OGE:2 T. POV/El4 TRUST OFill:M ACCEPTED AND APPROVED:'- Crfy OF CORPUS CHRISTI, TEX.s • 8Y CA -Y SECi1E7AR? 1 APPRJVED AS tO LEGAL FOR -i This 7 A': OF )1,5-- , 796-6: CITY . TTGRREY HERBERT W. t•1HITuEY, CIT •+.a tti -t. i,��li }t'I,tVN11>A JJl%jt �:� ^� �•_ ��� �� -1.1 - yJ+.J_. � • i ._ - ` _ � :� _��_ �_ ` —_ . -. � � _.mil I } f AiGC,tANIGAL iris ! '! J.....CI ar,J _ �:� � "�•� � t ;MALL 157 • j " 1 !a -.LCC. VAUE 155 ,'y' 7ELEPH.'. ' - -M1.___ �•'� -� _•- .~SOIL 129 - - - •-- �;- _- ..` -•'' j- --- -..:� � .. 1,.... ,%; '1• i`j h��sxa:.lo;K; i- -:avL� tss~ +G[ :::•c>._! _t� +.i ti =� �aa � 1 ' I' � },1� } i �.r _' �f l �{ ; ' 1 'tiC:xLL ♦ss`` C[i= U+r[i1 •t _�„ f. - � . r dNl _ 1_ 7 }1:i I �- ,• •) IJ . _ 1 1• � � l I 1 • } [ It + . . i • _, _ Tom.. ;_ • - +�- - =�µ�- -;; ..._- i - - - I -• - - -- - -s '-1! - -- . - it - � �e I .� 1 I �� - -- 1 � � , •�1 I , . • • 1 ..tet` I ltl . _�- _- N.O ft ., .. , �• - • I--- --- ic R.ESLI7RJCTION� tJ••.� NG=rT . I• ► COMMER•CIAL 1.:‘1.. f • \ t1A NGAR_ i • \•\- '9 J P. i. a x : ri O 1•0��� rc-o. • \i ..• -- AREA.'• ,_• Ext•-•.RAa•:? , � r•a..1;\ '`: PROPOSED .Sj,V :I[ i F I t. 7 -ea- t JI �� iiAsil.. GR 3 , I i_ ..-,- P--. EXiENSIONSi I E t;• i$ .t 190. • t - L _ • \ 4. . a w i - � `cr o OI . L FUTURE ).- • = Yom\ . hr's - z- '= fit tat .... 2-��t; ' t 0 o' 04 t_ Li - PARKING _ s' -+. yU I' { _ •DRAIN OIYCR j - H z --�` u-' r - ST.RM OR::?t; _ ur�.5t�'• ` am' • Il — y0,‹ 3%0• PARKING, ,. • •t l-.. AR~A" '�/-=-'"lt• -. 1. .rte _ r.{ ?M.wERCIAL..or•APRON . N• •f < r FUTURE• •s IC _ ►�. . APRON •• • 'E.XTENSIGN • . 4__ i • • I . tir —�= SEGMENTED t . CtRCLE', MARKER £ .i • . 63 z• - 6 0 0 •-^r-> j G:,7AGi_ \ • 40 t' G ET IA p t Id , —Li — 1' !7I - 1 • r•-- Ar A '1- Fi kirzrr 2.. a OF ORDINANCE ON FIRST READING AUTHORIZING THE ITV MANAGER TO EXE- UTE AN EXTENSION TO HE LEASE AGREEMENT WITH ISLAND ENTER- PRISES, INC. FOR OPER- ATION OF THE GIFT & NEWS STAND AT THE CORPUS CHRISTI INTER- NATIONAL AIRPORT, A COPY OF WHICH 15 AT- TACHED HERETO AND. MADE A PART HEREOF MARKED EXHIBIT "A", WHICH WAS PREVIOUSLY AUTHORIZED BY ORDI- NANCE NO. 15371 DATED FEBRUARY 20, 1980; SAID EXTENSION TO PROVIDE FOR AN EXPIRATION DATE OF FEBRUARY 27, 1989. Notice Is hereby given that the City Council of the City of Corpus Christi, has, on the 29th day. of April, 1981, ap- proved on first reading the aformentioned ordinance. The full text of said ordi- nance is available to the pub-' 0e in the Office of the City Secretary. WITNESS MY HAND this the 30th day of April, 1981. -5-8111 G. Read, City Secretary - u�[�it'of C:-.A. } Lhrks PUBLISHER'S AFFIDAVIT v.239028 CITY OF C.C. STATE OF TEXAS, Ls, County of Nueces. J Before me, the undersigned, a Notary Public, this day personally came BILLIE J. HENDERSON .Co who being first duly sworn, according to law, says that he is the AC.G.QIIN.TZDTG.I•FB.K. of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OFEAB.aNL...QE..Ql,%T.1Z.NANDE ON _EIIIST..READZDIG......... of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the.4th _ day of MAY 19 81 , and once each day thereafter for .ane._.. consecutive d4 ons. Times. �/. / s_ 34.44 BILLIE J, HE�E$,SOPL__�L2 uC f. �B/1� Subscribed and sworn to before me this 15.th..day of M.AZ 19 8.1._ LOIS WINNP . un_._ Notary ublic, Nueces Coty, Texas ;,. OT9CE OF PASSAGE cI .1 ORDINANCE1-16232 :41 TERMINATING CORPUS CHRISTI BANK 8, TRUST Y'S LEASEHOLD RIGH•TSNAND INTERESTS WHICH IT PRESENTLY HOte•DS IN TI -?E NEWS STAND AND GIFT CON- CESSION AREA OF THE CORPUS CHRISTI INTER- NATIONAL AlRPORTTER- EINALUPIED RBYNTLY ISLAND ENTERPRISES, INC.; AU T,HORIZING TNE CITY MANAGER TO EXECUTE LEASE AGREEMENT PITH I RISES, S INC.DFOR ENTER - RELOCATION AND OPER- ATION OF THEAND NEWS STANDGIFT AT THE CORPUS CHRISTI INTER- SATIONAL AIRPORT, A UBSTANTIAL COPY OF HDHICH 'IS ERETO AND MA EEA PART HEREOF, MARKED E$HIBIT "A", AND EX- TENDING THE EX• PIRATICN OF THE CON UNTILON FEBRUARYSNT 27, 1989. BE IT ORDAINED BY LTHE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:—,'te" e SECTION is That the leasehold Corpus. land -inter- ests f& Inc Trust BankornpatlY Which it presently .holds in the news stand and gilt con- cession area of the Corpus Christi International Airport Terminal presently occupied by anland d theEnterprises, same are hereby declared terminated. -„SECTION 2. That Inc City Manager be and he is hereby authorized to execute a lease agreement with Island En- terprises, Inc. for the re- location and operation of the g(it and news stand at the Corpus Christ, International Airport, a substantial copy of Which is attached hereto and made a part hereof, marked' Exhibit eexpiration not ethers con cession agreement until Feb- ruary 27, CSECTION 3. The necessity to. terminate -Inc leasehold rights and interests of the %Corpus Christi Bank & Trust Company, in the news stand and gift concession area presently occupied by the Is land, Enterprises, Inc. and to aOthorize execution of a lease agreement for re location and operation of the gift and news stand to anoth er location at the Corpus Christi International Airporf Creates a public emergenC5 and necessity requiring the suspension of the Charted rule that no ordinance or res- olution shall be passed final) ly on the date of Its tni troduction but that such ordinance or resolution shalt, be read at ,three several Meetings of the City Council, and the Mayor or Council Members, having declared that such emergencyand ne- cessity exist, having re- quested the suspension of the Charter rule and that this or- dinance be passed finally on the date of its introduction and take effect and be in full force and effect from 5 Af- ter its passage, IT COR DINGLY 50 OR DAINED thislhe of-APeilt.1981. - • ATTEST: c A -. Cjty„Ser Y tav4„� A �, �A THE CITY OR '+'r'"'" CORPUS CHRISTI, tv TEXAS ARPROVED: .--DAY OF APRILI 1981: JI BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES j•LEASE AGREEMENT I N WHEREAS, by Ordinance No 8230, passed and approv- ed on November 2, 1966, the City of Corpus Christi aI d ccepted an As• raved an a tween th Agreement tween the Corpus Cjvkt; 4.41, 'an t „�r1751 �Compan91 Irus •. �,and Hershel and Lda:t4Chance, dba C&T Gifts Knd News, fora term oI five y ears, and b9 Ordmanc Nos. 10710; dated Febluar :Illi 1172 and 136324 dated Fei ruary' 23,41977„Said Agree • Ment was extended; and 3 ;,WHEREAS, by Ordinance No. 15371, passed and ap- praved on February 20, 1990, the City of Corpus Christi ap- proved and accepted the as- signment of said [assignment Agreement to Island Enter- prises, Inc., whereby Island Enterprises, int„ agreed to be bound by all of the terms, conditions -end provisions set forth in the aforesaid Assign- ment Agreement, and be s"ublect to all of the terms conditions and provisions of the Airport lease between Corpus Christi Bank and Trust Company and the City of,Corpus Christi and ,WHEREAS, Island Enter- prises, Inc., hereinafter called "Island", 1185 been and ,s now operating a news- stand and gift concession at the Corpus Christi Inter- national Airport in accord, ance with the pravisions said Assignment Agree- ment; and yNHEREAS, Inc City oft Corpus Christi, hereinafter called "City", desires the continued operation of said newsstand and gift con- cession; and WHEREAS, the City de- sires to change the present location of sald newsstand and"itt concession to anoth- er. location within its termi- nal building at the aforesaid Airport in order to provide additional counter space for airline companies desiring to service to Inc City; passenger WHEREAS, Corpus 'Chyisti Bank and Trust Com- pany, Trustee desires to ter- minate and thereby re- linquish its leasehold rights end Interest it presently holds In the area of the Alr- pert terminal presently oc- cupied by the aforesaid newsstand and gift con- cession; and WHEREAS, the City Coun- cll. In authorizing and ap- proving this Agreement, has determined that Island is ob- ligated hereunder and shall make an Investment reason- ably relating to the value and length of this concession, and rpay, therefore, extend this concession, pursuant to City Charter, Article VIII, Sec- tion 2(d), fora term of longer Man five years: ;NOW, THEREFORE, for and In consideration of the nietual convenants and con- ditions to be"kept and per formed by the parties hereto, and -for the further consid- eration of the extension of the term of this concession 1 beyond the February 28, 1962 dated authorized by Ordi- nance No. 15371-, by the City, It Is hereby agreed -as fol- lows: - i* 1. Island agrees to contin- ue to be bound to City by all 1 of the terms, conditions and provisions set forth In the ogiginal Assignment Agree- ment between the Corpus Christi Bank and Trust Corn- pany, Trustee, and Hershel and Lyda N. Chance, dba C&T Gifts and News in the aforesaid assignment docu- ments, all of which,are-at tacked hereto as'Exhlbit 1; The newsstand andmcon- ceislop granted to Island sig der the aforesaid assignment. documents spa11' be extended by fills Hist -agreement for a arm: commencing with the relocation of said newsstand and gift concession as pro- vided below, and ending Feb- r"ary 97 laza re- mburse the for costs, Incurred`in"relocating) _the newsstand and gift cdn- cession to the northwest cor- ner of the sterile area of the Airport terminal building (see attached Exhibit 2) as called for in the plans and specifications for the remod- eling of the Airport terminal- building which will be per formed by Braselton Con struction Company. 3. Reimbursement will be made upon completion of the enclosure improvements and at the request of the City. Es- timated cost is 015,000. 4. Island agrees to pur- chase all enclosure improve- ments, shelving, counters, fixtures, furniture, and any other equipment required for the efficient operation of the newsstand and gift con- cession, 5. All enclosure improve- ments and fixtures which cannot be detached from the said improvements without physically damaging said Improvements shall become the property of the City upon expiration of the lease peri- od, at the City's option. Fur- niture, equipment, and other readily movable property shall remain the property of Island. 6. Items for sale which de- pict human nudity exposing the genitals shall not be placed in any location open to public view, and the vio- lation of this provision will subject the lease to termi- nation at the option of the les- sor. Executed this the -- day of , 1981, ATTEST: - Secretary LESSEE: By ATTEST: City Secretary LESSOR: CITY OF r•CORPUS-CHRISTf eyy ra,1n.Taw �_ PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lss. County of Nukes. J #235232 CITY OF CORPUS CHRISTI Before me, the undersigned, a Notary Public, this day personally came ........ _.. r.nagIAIE_-C9gTEZ , who being first duly sworn, according to law, says that he is the ACG©k3NT3N8-••GLFi{if of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of . ......N.O.TICS...0E...P.ASSAEE...GE._OEIlIN A NCE. of which the annexed is a true copy, was published in THE CORPUS CHRISTI; CALLER_TIMES on the:118tbday of....ktAX19-13.1., end once each day_ thereafter for......Q13.2______.. consecutive...ria3r._................... _...._oma Times. LQ$JAINB CQRTEZ.e-14 2....i ACCOUNTING CLERK Subscribed and sworn to before me this..22 n .day of MAI 19.._ R1 -624;Y' i rktnl — lic, Nueces County, Texas NoN.N.