HomeMy WebLinkAbout06057 ORD - 01/25/1961I MS: Be:l -25 mil
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO
EXECUTE AN ACCEPTANCE AND APPROVAL OF AN AMEND-
VENT TO ASSIGNMENT OF LEA SEs_WHIGH ASSIGNMENT
WAS EXECUTED ON AND DATED JULY 14, 1960, BETWEEN
(HE CORPUS CHRISTI BANK_& TRUSTC0,MPANY,TRUSTEE�
AS ASSIGNOR, -AND GAULT_AVIAT.Iil".5_ASSIGNEE, A
COPY OF WHICH AMENDMENT IS.ATTACHED,HERETO AND
MADE A PART HEREOF; AND -QZCLARING AN- EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI. TEXAS:
SECTION 1. THE AMENDMENT TO ASSIGNMENT OF LEASE EXECUTED
AND DATED JULY 14, 1960. ENTERED INTO BY AND BETWEEN THE CORPUS CHRISTI
BANK 6 TRUST COMPANY, TRUSTEE, AS ASSIGNOR AND GAULT AVIATION AS ASSIGNEE,
IS HEREBY ACCEPTED AND APPROVED.
SECTION 2. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED,
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN ACCEPTANCE
AND APPROVAL OF AN AMENDMENT TO ASSIGNMENT OF LEASE, WHICH ASSIGNMENT WAS
EXECUTED ON AND DATED JULY 14, 1960, BETWEEN THE CORPUS CHRISTI BANK &
TRUST COMPANY, TRUSTEE, AS ASSIGNOR, AND GAULT AVIATION AS ASSIGNEE, A
COPY OF WHICH AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 3. THE NECESSITY FOR IMMEDIATE APPROVAL AND ACCEPTANCE
OF SAID AMENDMENT TO ASSIGNMENT OF LEASE TO ENABLE THE ASSIGNEE TO COMMENCE
CONSTRUCTION OF IMPROVEMENTS ON THE PREMISES LEASED CREATES A PUBLIC
EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF
THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY
ON THE DATE OF ITS INTRODUCTION, AND THAT SUCH ORDINANCE OR RESOLUTION
SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE
MAYOR. HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING
REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND TAKE EFFECT AND BE IN
FULL FORCE AND EFFECT FROM AND AFT E TS PASSAGE, IT IS ACCORDINGLY PASSED
AND APPROVED. THIS J_DAY of �� , 1961.
A
MAYOR
CITY SE RET r THE ITY OF CORPU CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM THIS
2..SDAY , OF. 1961:
CITY A TORNEY 6!? �y
l! ®5 i
• A" . •
GENERALLY ON THE EAST SIDE OF THE TERMINAL BUILDING FACILOTIES WITHIN THE AREA
AND ALL AS SHOWN AND DESCRIBED ON THE ATTACHED DRAWING@ MARKED EXHIBIT °A01.
WHICH IS MADE A PART HEREOF FOR ALL INTENTS AND PURPOSES AS IF COPIED VERBATIM
HEREIN. SAID AREA.HEREBY LEASED IS MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWSS
SAID AREA HEREBY LEASED IS BEGINNING AT THE NORTHWEST
CORNER OF THE TRANSIENT APRON@ WHICH POINT IS ON THE
WESTWARD- EXTENSION OF THE NORTH LINE OF TAXIWAY 011401 AND
CONTINUING ALONG THE WESTWARD EXTENSION OF SAID NORTH
LINE 297.87 FEET FOR THE SOUTHWEST CORNER;
THENCE, NORTH PARALLEL TO THE CENTER LINE OF RUNWAY
17-35, A DISTANCE OF 500 FEET TO THE POINT FOR THE
NORTHWEST CORNER;
THENCE, AT A RIGHT ANGLE IN AN EASTERLY DIRECTION
297087 FEET TO A POINT FOR THE NORTHEAST CORNER;
THENCE. SOUTH PARALLEL TO THE WEST LINE OF THIS TRACT
500 FEET TO THE PLACE OF BEGONNINGo
IN ADDITION TO THE ABOVE DESCRIBED PREMISESo ASSIGNEE HEREIN
SHALL HAVE AN OPTION TO LEASE AN AREA FOR THE ERECTION OF HANGARS@ WHICH
OPTION AREA 15 SHOWN ON EXHIBIT 01A01 AND MORE PARTICULARLY DESCRIBED AS AN
AREA ABUTTING THE PRIMARY HANGAR AREA HEREINABOVE DESCRIBED ON THE NORTH
OF SAID PRIMARY HANGAR AREA, SAID OPTION AREA BEING 200 FEET BY 297087
FEET WITH THE SOUTH LINE OF 297.87 FEET BEING COINCIDENTAL TO THE NORTH
LINE OF THE PRIMARY HANGAR AREA ABOVE DESCRIBED. THE OPTION CONCERNING
THIS OPTION AREA SHALL BE ON THE FOLLOWING TERMS AND CONDITIONS$
A. SUBJECT TO THE PROVISIONS HEREINAFTER CONTAINED@ THE PERIOD
OF SAID OPTION SHALL BE FOR THIRTY -SIX (36) MONTHS FROM THE DATE OF JULY
140 19609, WITHIN WHICH TIME THE ASSIGNEE MAY ELECT TO LEASE THE OPTION
AREA UNDER THE TERMS AND CONDITIONS HEREON SET FORTH.
B. THERE SHALL BE NO CHARGE FOR THE OPTION AREA DURING THE
AFORESAID OPTION PERIOD OF TIME UNLESS ASSIGNEE CONSTRUCTS ONE OR MORE
HANGARS OR OTHER BUILDINGS THEREON OR PLACES ASPHALT OR OTHER PAVING UPON
THE AREA OR USES THE AREA FOR TRANSIENT TIE —DOWN PURPOSES DURING THE AFORESAID
Cyz
PERIOD. IN THE EVENT ASSIGNEE PLACES ASPHALT OR OTHER PAV MG THEREON OR
USES SAME FOR TRANSIENT TBE-DOWN OR PURP05ES OTHER THAN WEED OR GRA55
CUTTINGO THEN ASSIGNEE SHALL PAY ONE CENT (1$) PER SQUARE FOOT PER YEAR FOR
THE AREA OR AREAS ACTUALLY IMPROVED OR ACTUALLY USED. IN THE EVENT ASSIGNEE
DESIRES TO CONSTRUCT A HANGAR OR HANGARS ON THE AREA WITHIN THE AFORESAID
PERIOO, THEN ASSIGNEE SHALL PAY, AS RENTAL FOR SUCH AREA, THREE CENTS (30)
PER SQUARE FOOT PER YEAR FOR THE AREA ACTUALLY OCCUPIED BY HANGARS, BUT NOT
LESS THAN 12.000 SQUARE FEET OF FLOOR SPACE, AND FIVE FEET (50) SURROUNDING,
PLUS ONE CENT (1d) PER SQUARE FOOT PER YEAR FOR ALL AREA PAVED FOR TRANSIENT
TOE -DOWN PURPOSES. IN THE EVENT ASSIGNEE MERELY USES THE AFORESAID AREA
DURING THE OPTION PERIOD FOR AIRCRAFT PARKING PURPOSES FOR ITS OWN AIRCRAFTO
WOTHOUT THE INSTALLATION OF PAVINGO THEN THERE SHALL BE NO CHARGE FOR SUCH
USAGE. IIOWEVERO ASSIGNEE MAY BUILD UP THE AREA BY USING SUOTABLE FILL
MATERIALS 50 THAT.THE AREA MAY BE USED FOR ITS OWN AIRCRAFT.
C. IN CONSIDERATION- FOR SAID OPTION THE ASSIGNEE HEREIN SHALL
MAINTAIN THE OPTION AREA BY KEEPING THE WEEDS AND GRASS CUT DURING THE
AFORESAID PERIOD.
D. 4N THE EVENT ASSIGNEE HAS NOT EXERCISED THE OPTION CONCERNING
THE OPTION AREA BY CONSTRUCTING, OR BEING IN THE PROCESS OF CONSTRUCTION
OF A HANGAR HAVING A MINIMUM OF 120000 SQUARE .FEET OF FLOOR SPACE, AS
MENTIONED ABOVEO DURING THE AFORESAID PERIOD, AND A.BONA FIDE OFFER 15
SUBMITTED TO THE CITY BY THIRD PARTY TO LEASE ALL OR A PORTION OF SAID
ARf-A NOT BEING UTILIZED FOR HANGAR BUILDINGS, THEN THE CITY SHALL NOTIFY
THE ASSIGNEE HEREIN AND THE ASSIGNEE MUST EXERCISE ITS OPTION FOR ALL OR FOR
A PORTION OF SAID AREA WITHIN FIFTEEN (15) DAYS FROM THE RECEOPT OF THE
NOTICE. THE CITY SHALL PROVIDE SAID NOTICE IN WRITING AND LIKEWISE THE
ASSIGNEE MUST PROVIDE ITS NOTICE TO THE CITY THAT IT DESIRES TO EXERCISE
ITS OPTION IN WRITING. THE ASSIGNEE, IN ORDER TO RETAIN A PORTION OR ALL
OF THE AFORESADD AREA, UNDER THESE CIRCUMSTANCES AND DURING THIS PERIOD,
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SHALL BEGIN PAYING RENTALS UPON THE AREA RETAINED AT THE SAME RATE AS SET
OUT ABOVE AS IF A HANGAR OF A MINIMUM OF 920000 SQUARE FEET OF FLOOR SPACE
WERE CONSTRUCTED; THAT IS, ASSIGNEE MAY RETAIN SUFFICIENT SPACE FOR 92,000
SQUARE FEET OR MORE OF FLOOR SPACE BY PAYING THREE (30) CENTS PER SQUARE
FOOT PER YEAR FOR AN AREA SUFFICIENTLY WIDE AND SUFFICIENTLY LONG TO PERMIT
THE CONSTRUCTION OF ONE (1) SUCH HANGAR AND FOR FIVE FEET (5 9 SURROUNDING
SAID BUILDING AREA, PLUS ONE (10) CENT PER SQUARE FOOT FOR ALL OTHER AREA
ON WHICH SUCH OPTION BS EXERCISED.
E. IN THE EVENT ASSIGNEE HAS CONSTRUCTED A HANGAR HAVING A
MININU14 OF 12,DOO SQUARE FEET OF FLOOR SPACE DURING THE AFORESAID PERIOD,
SUCH CONSTRUCTION, TOGETHER WITH THE PAYMENT OF THE RENTALS THEREON, WILL
HOLD THE AREAS OCCUPIED BY SAID HANGAR FOR THE REMAINDER OF THE TERM OF
THIS ASSIGNMENT. IN THE EVENT THAT NO HANGARS HAVE BEEN CONSTRUCTED OR
IN THE EVENT THERE IS ADDITIONAL SPACE SUITABLE FOR THE CONSTRUCTION OF
HANGARS AT THE END OF THE OPTION PER)OD, THE ASSIGNEE MAY RETAIN ALL OR
A PORTION OF SAID SPACE BY WRITTEN NOTICE OF THE EXERCISE OF THE OPTION
PRIOR TO THE END OF THE OPTION PERIOD AND BY PAYING RENTALS BASED ON THE
FORMULA SET OUT IN PARAGRAPH D ABOVE, WITH SUCH RENTAL BEING CALCULATED
FROM THE DATE OF THE EXERCISE OF THE OPTION AS THOUGH HANGARS WERE CON-
STRUCTED ON ALL SUCH AREA ON WHICH THE OPTION IS EXERCISED AS COULD BE
BUILT, CONSIDERED AS THOUGH SO CONSTRUCTED. THE AREA WHICH COULD BE OCCUPIED
BY HANGAR BUILDINOV WOULD HAVE A RENTAL OF THREE CENTS (30' PER SQUARE FOOT
PER YEAR AND ALL OTHER SPACE AT ONE CENT PER SQUARE FOOT PER YEAR.
3. ARTICLE IV IS HEREBY AMENDED TO THE EFFECT THAT IT IS HEREBY
AGREED BY THE PARTIES .HERETO THAT THE ONE HUNDRED EIGHTY (180) DAY PERIOD
PROVIDED IN ARTICLE IV FOR THE COMMENCEMENT OF.CONSTRUCTION OF A PRIMARY
HANGAR IS EXTENDED TO THE EFFECT TNAT THE ASSIGNEE SHALL HAVE TWELVE (12)
MONTHS FROM THE DATE OF THE EXECUTION OF THIS AGREEMENT FROM THE DATE
OF JULY 14, 19609 WITHIN WHICH TO,COMMENCE CONSTRUCTION OF SAID PRIMARY
HANGAR AND SUBJECT TO THE FURTHER AGREEMENT THAT SAID CONSTRUCTION SHALL BE
COMPLETED WITHIN SIX (6) MONTHS FROM THE DATE CONSTRUCTION IS COMMENCED AND
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IN ANY EVENT IF CONSTRUCTION IS COMMENCED WITHIN TWELVE (12) MONTHS FROM
JULY 14, 1960, THEN THE MINIMUM RENT FOR THE PRIMARY HANGAR SPACE CALCULATED
UPON THE MINIMUM OF 12,000 SQUARE FEET OF BUILDING SPACE SHALL COMMENCE AND
BE EFFECTIVE FROM AND AFTER EIGHTEEN (18) MONTHS FROM THE DATE OF JULY 12,
1960. SECTION 6 OF ARTICLE VII AND THE SECOND PARAGRAPH OF SECTION 7 OF
SAID ARTICLE VII ARE HEREBY AMENDED TO THE EFFECT THAT NOTWITHSTANDING ANY
OTHER PROVISIONS HEREOF, THE RENTALS FOR PRIMARY HANGAR SPACE SHALL BEGIN
NOT LATER THAN EIGHTEEN (18) MONTHS FROM JULY 1410, 19609 AND THE RENTALS FOR
OPTION SPACE SHALL BEGIN NOT LATER THAN THE DATE OF THE EXERCISE OF THE
OPTION OF ASSIGNEE TO LEASE SAID OPTION AREA OR A PORTION THEREOF.
4. IT 13 AGREED BY THE PARTIES HERETO THAT THE STORM WATER
DRAINAGE FACILITY NOW LOCATED ON THE LANDS HEREBY LEASED SHALL NOT BE IM-
PAIRED BY THE ASSIGNEE AND THAT NO WEIGHT BEARING WALLS OF ANY STRUCTURE
SHALL BE PLACED ON OR ABOVE THAT PORTION OF THE LEASED PREMISES. IT 15
FURTHER AGREED THAT THE CITY SHALL INSTALL A CONDUIT OF SUFFICIENT S12E AND
AT A SUFFICIENT DEPTH TO PERMIT THE PAVING OF THE AREA BY CONCRETE FLOOR OR
ASPHALT PAVING ABOVE THE STORM DRAINAGE FACILITY AT THE SAME LEVEL AS THE
SURROUNDING LAND IS NOW AND THAT SUCH WORK SHALL BE COMPLETED WITHIN NINETY
(90) DAYS FROM THE DATE OF THIS AMENDMENT AND SUPPLEMENTARY AGREEMENT. IN THE
EVENT SUCH WORK NECESSARY TO INSTALL SAID CONDUIT HAS NOT BEEN COMPLETED
WITHIN SAID NINETY (90) DAY PERIOD FROM THE DATE HEREOF, THEN THE PERIOD WITHIN
WHICH CONSTRUCTION IS REQUIRED TO BE STARTED ON THE PRIMARY HANGAR AREA SHALL
BE EXTENDED FOR SUCH PERIOD OF TINE AS DELAY IS CAUSED BY REASON OF THE FAILURE
TO COMPLETE SAID STORM SEWER CONDUIT INSTALLATION WITHIN SAID NINETY (90) DAY
PERIOD AS HEREIN PROVIDED.
EXECUTED IN TRIPLICATE ON THIS DAY of JANUARY, 1961.
ASSIGNEE:
CORPUS CHRISTI BANK & TRUST CO., TRUSTEE
BY
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• .`s
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
DAY OF JANUARY, 996i:
C17Y ATTORNEY
ACCEPTED AND APPROVED
CITY OF CORPUS CHRISTI
BY
CITY MANAGER
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CORPUS CHRISTI TEXAS
3 DAY OF j �9 T
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTIS TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL
1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE-
MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED] OR AT THE
PRESENT MEETING OF THE CITY COUNCIL.
RE$PrCTFULLYS:
. MAYOR
THE CITY C PUS CHATI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY T11Y FOLLOWING VOTES
EL�ROY KING •/ CE'c. B
JAMES L. BARNARD L
MRS. -RAY AI RMEART ✓_
JOSEPH B. DUN.N ✓
PATRICK J. DUNNE�
R. A. HUMBLE
GABE LOZANGS:SR. L11. _C
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOVI
i
ELLROY KING'
JAMES L. BARNAR
MRS. RAY AIRNEA
JOSEPH B. DUNN
PATRICK J. DYNN
R. A. HUMBLE
GABE LOZANO, SR
VOTE:
AMENDMENT TO ASSIGNMENT OF LEASE
HANGAR AND FIXED BASE OPERATORS
THE STATE OF TEXAS I
COUNTY OF NUECES 0
THIS AMENWNT TO AN ASSIGNMENT OF LEASE EXECUTED JULY 149 19609
15 HEREBY ENTERED INTO BY AND BETWEEN THE CORPUS CHRISTI BANK 8 TRUST COMPANY9
TRUSTEE. HEREINAFTER REFERRED TO AS ASSIGNOR AND ROGER L. GAULT, b/B/A GAULT
AVIATION. HEREINAFTER REFERRED TO AS ASSIGNEE. OF THE COUNTY OF NUECES, STATE
OF TEXAS, WITH ACCEPTANCE AND APPROVAL BY THE CITY OF CORPUS CHRIST19 TEXAS.
W I T N E S S E T Ht
WHEREAS. ASSIGNOR HEREIN. CORPUS CHRISTI BANK i TRUST COMPANY.
TRUSTEE. HAS. BY ASSIGNMENT, EXECUTED ON THE 14TH DAY OF JULY. 19609 ASSIGNED
UNTO ASSIGNEE. ROGER L. GAULT. D/B/A;GAULT AVIATION. CERTAIN PORTIONS OF LAND
ON THE NEW CORPUS CHRISTI INTERNATIONAL AIRPORT. NUECES COUNTY, TEXAS. AND
WHEREAS, THE AFORESAID ASSIGNMENT BY THE ASSIGNOR TO THE ASSIGNEE
HAS HERETOFORE BEEN ACCEPTED AND APPROVED BY THE CITY OF CORPUS CHRISTI BY
VIRTUE OF ORDINANCE No. 57889 AND -
WHEREAS, ALL OF THE PARTIES HERETO, THE ASSIGNOR, THE ASSIGNEE.
AND THE CITY OF CORPUS CHRISTI ARE MUTUALLY DESIROUS OF AMENDING SAID ASSIGN-
MENT, AS HEREINAFTER SET OUT,
NOW. THEREFORE, IN CONSIDERATION OF THE PREMISES, THE PARTIES HERE-
TO DO HEREBY AGREE AS FOLLOWS, TO -WIT.
1. THE NAME OF THE ASSIGNEE SHALL BE CORRECTED TO THE NAME OF
0°ROGER L. GAULT. D/B/A GAULT AVIATIONW.
2. ARTICLE II 15 HEREBY AMENDED TO REACf'AS FOLLOWS.
ASSIGNOR DOES HEREBY ASSIGN UNTO ASSIGNEE. SUBJECT TO ALL OF THE
TERMS9 CONDITIONS AND COVENANTS OF THIS AGREEMENT, AND THE AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND ASSIGNOR AS HEREINABOVE DESCRISED9 AN AREA
DESIGNATED FOR COMMERCIAL HANGAR AND FIXED BASE AVIATION OPERATIONS LOCATED