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HomeMy WebLinkAbout023986 ORD - 03/28/2000AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO A FIFTEEN YEAR LEASE WITH MDC, INC. (MDC) AUTHORIZED BY ORDINANCE NO. 023806, WHICH: A) DECREASES THE PREMISES TO 80,134 S.F. FRONTING PINSON DRIVE ON THE WEST SIDE OF THE AIRPORT; B) SUBSTITUTES NEW EXHIBITS A, B, C, J, AND K; C) INCREASES THE INITIAL TERM BY TEN MONTHS TO INCLUDE CONSTRUCTION TIME; D) AUTHORIZES THE SUBLESSEE TO REMEDY ALL DEFAULTS; E) CLARIFIES THAT MDC'S POLLUTION CLEAN-UP LIABILITY IS LIMITED TO POLLUTION IT OR ITS SUBLESSEE CAUSES; AND F) CLARIFIES THE TYPE OF ENVIRONMENTAL ASSESSMENT TO BE CONDUCTED PRIOR TO START OF CONSTRUCTION; MCD IS AUTHORIZED TO SUBLEASE THE PREMISES TO AIRBORNE FREIGHT CORPORATION UNDER THE SAME TERMS AND CONDITIONS; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute Amendment No. 1 to a fifteen year lease with MDC, Inc. (MDC), authorized by Ordinance No. 023806, a) decreases the Premises to 80,134 S.F. fronting Pinson Drive on the west side of the Airport; b) substitutes new Exhibits A, B, C, J, and K; c) increases the initial term by ten months to include construction time; d) authorizes the Sublessee to remedy all defaults; e) clarifies that MDC's pollution clean-up liability is limited to pollution it or its Sublessee causes; and f) clarifies the type of environmental assessment to be conducted prior to start of construction. All terms not amended remain the same as in the original Lease. A copy of Amendment No. 1 to the lease is on file with the City Secretary. SECTION 2. That MCD is authorized to sublease the Premises to Airborne Freight Corporation under the same terms and conditions. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DIR%VERONICA~ALISONXORD00 800\AGORD00.823 023996 2 Samuel L. Neal, Jr. % Rex A. Kinnison Javier D. Colmenero ~ Betty Jean Longoria Melody Cooper ~ John Longoria Henry Garrett Mark Scott Dr. Amold Gonzales That the foregoing ordinance was read for the second time and passed finally on this of "TV~r~fx, 2000, by the following vote: Samuel L. NeaL Jr. ~_ Rex A. Kinnison Javier D. Colmenero Fj Betty Jean Longoria Henry Garrett ~qf0e. Mark Scott Dr. Arnold Gonzales e~Da ' PASSED AND APPROVED this th y of ~FF~(_~, 2000. ATTEST: City of Corpus Christi ,2000; JAMES R. BRAY, JR., CITY ATTORNEY Alison Gallaw',~First Assistant City Attorney H:',LEG-DIR/VERONICA/ALISONXORD00800/AGORD00823 023996 PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } CITY OF CORPUS CHRISTI Ad # 3343044 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice- President and Chief Financial Officer of the Corpus Christi Caller-Times, a dally newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb C. nuDt"~' '"'.,"-~ +~ ~' .... :--"'-- -f, NOTICE OF PASSAGE OF ORDINANCE ~ 2OOO ON is a true copy, was inserted in the Corpus Christi Caller- TiTTI, e,~ ~ ~,uthorlzing the City day(s) ~'",I~L~ r~:~n ~i~ 2000~ g' (b) in~mas~ ~ i~itial term by g $106.. + "~ of environme ~ ~ ~z~ to ~ % ~ under ~ i~ ... . · %, -. :; , C~d~ o~ 3rld Wide Web on the Caller-Times Interactive on the 27TH Vice-President and Chief Financial Officer Subscribed and sworn to me on the date of FEBRUARY 28, 2000. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SS: CITY OF CORPUS CHRISTI Ad # 3385734 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice- President and Chief Financial Officer of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, dim Hogg, dim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the nnhlication of, NOTICE OF PASSAGE OF ORDINANCE Aplil 2, 2000 a true c~py, was inserted in the Corpus Christi Caller- Time. day(s TWO o~ O~NANCE NO. ,rid Wide Web on the Caller-Times Interactive on the 2ND 023986 Author zing the City Manager or his designee to execute Arcendment . No. 1 to a fifteen year leese with MDC, inc. i (MDC) authorized by Ordinance No. 023806, which: (a) decreases the prerclses to 80,134 s.f. fronting Pinson Ddve on tt~ west side of the airport, substitutes new exhibits A, B, C, J, and K; (b) increases the t ; initialtennbytenrconhs to indude Construction time; (c) authorizes the subtsssee to remedy defaults; (d clarifies that MDC'S (p~lut;on dean- pollution it or its (e) dadties the type ~ environments conducted pdor to start of construction; MDC is authorized to sublease the prem ees to AiT'oome Freight Corporation under the same terms and conditions. This ordir~nce was passed and approved on second reading by the City Council of the City of Corpus Christi on March 28, 2000. Subscribed and sworn to me on the date of APRIL 03, 2000. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.