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