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HomeMy WebLinkAboutC2015-047 - 2/17/2015 - Approved FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY AND ENVOY AIR, INC. AND ASSIGNMENT TO AMERICAN AIRLINES, INC. STATE OF TEXAS § COUNTY OF NUECES § This first amendment ("First Amendment") to the Airline Use and Lease Agreement ("Agreement") is made and entered into between the City of Corpus Christi ("City") and Envoy Air, Inc., formerly known as American Eagle Airlines, Inc. ("Airline"), as original parties to the Agreement, and, by execution of this First Amendment, the parties desire to formally recognize and approve the assignment of the Agreement from the Airline to its parent entity, American Airlines, Inc., for all intents and purposes under the Agreement and this First Amendment. WHEREAS, effective August 1, 2009, the City and the Airline entered into an Agreement for use of property and facilities at the Corpus Christi International Airport; WHEREAS, effective April 15, 2014, American Eagle Airlines, Inc., changed their corporate name to Envoy Air, Inc., WHEREAS, the parties desire to reinstate the Agreement, extend the term, and assign the Agreement to the Airline's parent corporation, American Airlines, Inc., pursuant to section 15.01.A. of the Agreement; and NOW, THEREFORE, the parties agree to the following amended terms and conditions: Section 1. The preamble of this instrument is incorporated by reference into the body of this First Amendment and given effect for all intents and purposes under the Agreement. By execution of this First Amendment, the Agreement is reinstated and is amended and assigned as set out in this instrument. Section 2. Article 3 of the Agreement is amended by changing the termination date to September 30, 2017. Section 3. With the consent of the City Council pursuant to the provisions of the City Charter and pursuant to section 15.01.A. of the Agreement and following the approval of the City Council to the First Amendment and execution of same by Envoy Air, Inc., the Agreement, as amended by this First Amendment, is to be assigned to the Airline's parent corporation, American Airlines, Inc., who as the assignee and succeeding holder, agrees to assume all liabilities, duties, and obligations set out in the Agreement and in this First Amendment and succeeds to the benefits provided under the Agreement and this First Amendment by binding execution of this First Amendment. Upon execution of same and final approval of the City Council, Envoy Air, Inc., as the former holder, is hereby released from all liabilities, duties, and obligations under the Agreement and First Amendment. Section 4. All other terms and conditions of the Agreement not changed by this First Amendment �-' ' ' -.,,� offoct, and the succeeding parent corporation, American Airlines, Inc., 2015-047 eement, as modified by this First Amendment, assuming all liabilities, 2/17/15 Ord. 030430 Envoy Air Inc. INDEXED duties, and obligations of the Agreement between the parties as if an original signatory party to the Agreement. EXECUTED IN TRIPLICATE ORIGINALS as of the dates set forth below: ATTEST: CI, EDF O:`U. HRIS F2s2-1 i ----i- A---e., r - ,4 i '.: , ...e.,L„. Mai Rebecca Huerta . ` Ronald L. "IP.on City Secretary City Manager Date: a--/ a----/ //_c--- Date: /-P�/iS A.. -d as t• legal form •�„2 5 , ,A,Airi _.,MA Elizabe ' undley Assist- ity Attorney IF on behalf of the City Attorney ENVOY AIR, INC. (formerly known as AMERICAN EAGLE AIRLINES, INC.) ACJ or Name: YN tv\C,�SOLCLa............0% Title: l N -O {- Vi!' p �,� �� � COMM� ____ Date: Io-111 ( 1 14 ..........,.........75.ff.v (ASSIGNMENT OF AGREEMENT AND FIRST AMENDMENT FOLLOWS) Page 2 of 3 Following execution of this First Amendment, approval by the City Council, and by execution of . the assignor and assignee below, the underlying Agreement, as amended by the First Amendment, is hereby assigned, following final approval of the City Council and publication of this First Amendment, by Envoy Air, Inc., to American Airlines, Inc., as the parent corporation of Envoy Air, Inc, (such parent corporation now to be known as the"Airline" under the Agreement), and Is accepted by Airline and made effective for all Intents and purposes under the Agreement and the First Amendment: ENVOY AIR, INC. (former y known as AMERICAN EAGLE AIRLINES, INC.), as assignor • ac - (-(. \_. Name:�1(11(\ n\C)(2 Title: vP(,(Y.P()r(Xte, Veal UttL Date: Dk f i t t A v- . A -L ; .0.-4s sssignee L. . �� . .lAdi/L 'ow II// Name: Uli . = ' '41 •1 / i77 i• Title: Date: i/6/4._ Page 3 of 3 FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY AND SOUTHWEST AIRLINES STATE OF TEXAS § § COUNTY OF NUECES § This first amendment ("First Amendment") to the Airline Use and Lease Agreement ("Agreement") is made and entered into between the City of Corpus Christi ("City") and Southwest Airlines, Co. ("Airline"). WHEREAS, effective August 1, 2009, the City and Airline entered into the Agreement for use of property and facilities at the Corpus Christi International Airport; WHEREAS, the parties desire to extend the term of the Agreement; and NOW, THEREFORE, the parties agree to the following amended terms and conditions: Section 1. Article 3 of the Agreement is amended by changing the termination date to September 30, 2017. Section 2. All other terms and conditions of the Agreement not changed by this First Amendment remain in full force and effect. EXECUTED IN DUPLICATE ORIGINALS as of the dates set fo• below. ATTEST: CIT/ • C• " CHRIS I ` I- -‘ Rebecca Huerta �ad Ronald L. •� City Secretary City Manage Date: -3/ /1 Date: •�allo/t.5 Appr• -d as to legal form:. 13 Si' ,..gelf Elizabeth ndley Assistant -' Attorney on behalf of the City Attorney SOUTHWEST AIRLINES, sY COUNCIL._� ( 71 iisitC\.,_) Name: Bob Montgomery • Title: Vice President-Alpc1 Affairs Date: t 8(/17/'4