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HomeMy WebLinkAbout16747 ORD - 12/09/1981AN ORDINANCE - AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO LEASE AGREEMENT WITH BRANIFF AIRWAYS, INC., FOR RENTAL OF A SPACE APPROXIMATELY 800 FEET ALONG THE EAST SIDE OF GATEHOUSE NO. 4, AT AN ANNUAL RENTAL RATE OF $120.00, FOR AN ENCLOSED PASSENGER ACCESS/ JETWAY, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT TO LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A COPY 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, is hereby authorized to accept, and approve an amendment to lease agreement with Braniff Airways, Inc., all as more fully described in the amendment to lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked exhibit "A". Said amendment to lease agreement covers the rental of a space approximately 800 square feet along the east side of gatehouse 4, for an enclosed passenger access/jetway. Braniff Airways, Inc., shall pay an annual rental rate of $120.00 for this additional space. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the aforesaid amendment to Braniff's lease agreement so that construction of the enclosed passenger access/jetway can begin at the earliest practicable date,,such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this resolution is passed and shall take effect upon first reading as an emergency this the 9 day of December, 1981. ATTEST: Ci Star APPRQVED: q DAY OF DECEMBER 1981: MA 16747 TH ' ITY OF CORPUS CHRISTI, TEXAS `SEP 28 mu AMENDMENT TO LEASE AGREEMENT THE STATE OF TEXAS. COUNTY OF NUECES WHEREAS, by authority of Ordinance No. 13019, passed and approved by the City Council on February 11, 1976, authorization was given for the City Manager to execute a Leasee Agreement between the City of Corpus Christi and Braniff Airways, IncD or rental of space at the Corpus Christi International Airport and the use of said Airport; and WHEREAS, said Agreement was entered into by and between the parties under date of March 10, 1976; and WHEREAS, it is mutually agreeable to the said parties that the aforesaid Lease Agreement be amended in the following particulars: 1. That Article I, paragraph C, be amended by adding a new subparagraph, to be designated (2), reading as follows: "(2) Lessee shall also be entitled to the exclusive use of ap- proximately 800 square feet of land area along the east side of Gatehouse 4 and extending onto the flight apron as shown by a site plan thereof, marked Exhibit "B", attached hereto. Lessee shall have the right to construct, operate and maintain, solely at its own expense, an enclosed passenger access/jetway for the use and benefit of its passengers in and upon said leased premises. Said enclosed passenger access/jetway shall become the property of Lessee; provided, however, that in the event Lessee shall terminate this lease agreement or its passenger service operation hereunder, Lessee shall remove said improvements from the premises and restore said premises to its former condition, all at Lessee's expense. In the event Lessee shall terminate its operations under this lease agreement and elects not to remove the improvements described herein, the ownership of same shall revert to and become the property of Lessor within a period of six (6) months from the date of termination or expiration of this agreement. Furthermore, Lessee hereby agrees to hold harmless and indemnify Lessor against any and all claims for damages arising from the use, operation or maintenance of said enclosed passenger access/jetway by Lessee." 2. Renumber the present subparagraph (2) as paragraph D, entitled "Non-exclusive Space in Terminal Complex." 3. Renumber the present paragraph D. Parking Space as paragraph E. 4. Renumber the present paragraph E. Right of Access, Ingress and Egress, as paragraph F. 5. That Article VII, paragraph 1, be amended by adding a new subparagraph, to be numbered D, to read as follows: "D. Enclosed passenger access ramp space -- $120 per annum." Except as herein and hereby amended, the terms, conditions and provisions contained in the Lease Agreement of March 1, 1977, shall be and remain in full force and effect. EXECUTED in duplicate originalshhe day of 81 1947. ATTEST: ...4.6 4ertt• Secretory ATTEST: City Secretary APPROVED: DAY OF , 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney BRANIFF AIRWAYS, INCOL4o2AtED CITY OF CORPUS CHRISTI By LESSOR 11 2-11-0 F412&. ti I •-• A ; 1 • E.A1 coNicouRGE c-AR9E-7 10r-4A1C.pf 10.-0" z Hpa 01A -I EXISTING c,our- 3( ANC? 5&1-1E23.34.5 BOAR!? goGNIV-9 -1-5 t 1 r.E...1.-1,)VE, vi ,r4 ANL, SC. I -1E rioLS. l.?.?•^1.4.9 AND - 3,1 -- :. =31 .- .:_ 1.1V Corpus Christi, Tex s 9 day of , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed LutheFJones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky MAYOR THE CITY OF CORPUS CHRISTI, TEXAS by the following vote: 16747