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HomeMy WebLinkAbout028757 ORD - 08/31/2010AN ORDINANCE APPROVING THE ASSIGNMENT OF A LEASE AGREEMENT AT THE AIRPORT WITH MDC CORPUS, LLC, TO TCC DAVIS HOLDINGS, LLC; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE ASSIGNMENT AND ASSUMPTION INSTRUMENT BETWEEN ALL PARTIES; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi ("City") executed a lease agreement ("Lease Agreement") with MDC, Inc., a Kansas corporation ("MDC"), to be effective December 19, 1999, as subsequently amended by that certain First Amendment to Lease Agreement ("First Amendment"), executed March 28, 2000; WHEREAS, with the approval of the City, MDC assigned all of MDC's right, title, and interest in the Lease Agreement and First Amendment to MDC Corpus, LLC, a Kansas corporation ("MDCC"), by execution of that certain Assignment and Assumption of Lease and Sublease Agreement ("First Assignment"), made effective June 1, 2000; WHEREAS, MDCC desires to obtain the approval of the City to assign all of MDCC's right, title, and interest in the Lease Agreement, First Amendment, and First Assignment to TCC Davis Holdings, LLC, a Texas limited liability company; and WHEREAS, the City's consent to MDCC's proposed assignment and grant of authority to the City Manager is necessary to carry into effect the assignment. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council, pursuant to Article IX, Section 4, of the City Charter, approves the assignment of the lease agreement ("Lease Agreement"), including any and all valid and existing amendments to the Lease Agreement ("First Amendment") and any and all assignments of the amended Lease Agreement ("First Assignment"), at the Corpus Christi International Airport with MDC Corpus, LLC, a limited liability company duly organized and existing under the laws of the State of Kansas and duly authorized and qualified to do business in the State of Texas ("MDCC"), to TCC Davis Holdings, LLC, a limited liability company duly organized and existing under the laws of the State of Texas ("TCC"). Furthermore, the City Manager, or his designee, is authorized to execute the Assignment and Assumption of Lease Agreement instrument between the City, MDCC, and TCC, an executed copy of which will be placed on file in the City Secretary's Office. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an ernergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon EHord312 revd2 028757 INDEXED ordinances at two regular meetings so that this ordinance is passed and takes effect ,q/ day of upon first r ading asap emergency measure on this the / ' "' 2010 ATTEST: Armando Chapa City Secretary Mayor CITY OF CORPUS CHRISTI Joe cf-tf!gerZW-i- Ame APPROVED: August 19, 2010 of // Eliz -b: th R. Hundley As - nt City Attorney for the City Attorney EHord312 revd2 Corpus Christi, Texas 7 day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe A►! me Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EWord312 revd2 028 757