HomeMy WebLinkAbout030232 ORD - 07/22/2014Ordinance
Ratifying lease assignment to WDFG North America, LLC
( "WDFG "), and authorizing the City Manager to execute a first
amendment to the long -term lease agreement with WDFG to
provide additional space for the operation of a news and gift
concession at the Corpus Christi International Airport;
providing for publication; providing for severance.
WHEREAS, pursuant to Ordinance No. 025091, the City and Host International, Inc.
( "Host "), entered into an eight -year lease commencing November 17, 2002 (the
"Original Lease "), for the operation of a news and gift concession at the Corpus Christi
International Airport;
WHEREAS, pursuant to Ordinance No., 026113, the Original Lease was amended by
Amendment No. 1 to Lease, dated January 18, 2005, to provide for additional storage
area;
WHEREAS, pursuant to Ordinance No. 029776, the City and Host reinstated the
Original Lease, extended the term of the Original Lease through April 30, 2013, ap-
proved an option to extend the Original Lease an additional five (5) years, expiring on
April 30, 2018, modified other provisions of the Original Lease, and formally recognized
the terms and conditions of the new Tong -term lease agreement as a complete sub-
stitution for the Original Lease and all amendments and modifications thereto (the
"Agreement ");
WHEREAS, effective September 6, 2013, Host assigned all of its right, title, and interest
in and to the Agreement to Concessionaire; and
WHEREAS, Concessionaire and the City desire to add additional square footage to the
Leased Premises, as such is defined in the Agreement, to allow for additional office
space.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council ratifies the assignment of the Tong -term lease Agreement
to Concessionaire.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
"First Amendment to Long -Term Lease Agreement" with Concessionaire to allow for
additional office space for the operation of a news and gift concession located at the
Corpus Christi International Airport.
SECTION 3. Publication will be made twice in the official publication of the City of
Corpus Christi and cost of same paid by the Concessionaire, both as required by the
City Charter of the City of Corpus Christi.
030232
INDEXED
SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
The foregicing ordinance as read for the first time and passed to its second reading on
this the c:114-465y of ;_ .�{'�_Q_ , 2014, by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
^ I Lillian Riojas
Mark Scott
The foregoin or finance was r ad for the second time and passed finally on
this the 2�`di of , 2014, by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
PASSED AND APPROVED this the 2. day of
ATTEST:
Rebecca Huerta
City Secretary
, 2014
Nelda Martine
Mayor
0 30232
First Amendment to Long -Term Lease Agreement
This first amendment ( "First Amendment ") to the long -term lease agreement (the "Agreement ")
is entered into effective as of the day of , 2014, between the City of
Corpus Christi, a Texas municipal corporation, ( "City") acting through its duly authorized City
Manager or his designee ( "City Manager "), P.O. Box 9277, Corpus Christi, Nueces County,
Texas 78469 -9277, and WDFG North America, LLC, a Delaware Limited liability company
( "Concessionaire "), whose principal office and place of business is 6905 Rockledge Drive, 6th
Floor, Bethesda, Maryland, 20817.
WHEREAS, by Ordinance No. 025091, the City and Host International, Inc. ( "Host ") entered
into an eight -year lease dated November 12, 2002, and commencing November 17, 2002, (the
"Original Lease ") for the operation of a news and gift concession at the Corpus Christi
International Airport (the "Airport ");
WHEREAS, by Ordinance No. 026113, the Original Lease was amended by Amendment No. 1
to Lease, dated January 18, 2005, to provide for additional storage area;
WHEREAS, by Ordinance No. 029776, the City and Host reinstated the Original Lease,
extended the term of the Original Lease through April 30, 2013, approved an option to extend the
Original Lease an additional five (5) years, expiring on April 30, 2018, modified other provisions
of the Original Lease and formally recognized the terms and conditions of the new long -term
lease agreement as a complete substitution for the Original Lease and all amendments and
modifications thereto (the "Agreement ");
WHEREAS, effective September 6, 2013, Host assigned all of its right, title, and interest in and
to the Agreement to Concessionaire; and
WHEREAS, Concessionaire and the City desire to add additional square footage to the Leased
Premises, as such is defined in the Agreement, to allow for additional office space.
NOW, THEREFORE, for and in consideration of the rentals to be paid to City by
Concessionaire and of the mutual covenants and agreements of the parties contained herein, it is
mutually agreed as follows:
Exhibit "A" and Exhibit "C" to the Agreement are hereby replaced with the attached
Exhibit "A" and Exhibit "C ".
All other language, terms and conditions of the Agreement remain the same.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be executed by their respective proper officers and have affixed their corporate seals hereto as of
the day and year first above written.
Page 1 of 2
EXECUTED IN DUPLICATE ORIGINALS this day of , 2014, by the
authorized representative of the parties.
ATTEST:
Rebecca Huerta
City Secretary
WDFG Nort 1 Ame ca, LLC,:
By:
Name:
Title:
EXHIBITS ATTACHED:
City of Corpus Christi, Texas
Ronald L. Olson
City Manager
Exhibit A — Concession Premises Description (one page)
Exhibit C — Storage /Office Premises Description (one page)
Page 2 of 2
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