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Home My WebLink About08103 ORD - 07/20/1966T -t g -66 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 OPTION AGREEMENT AND AMENDMENT TO ASSIGNMENT OF LEASE BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY TRUSTEE AS ASSIGNOR, AND GAULT AVIATION AS ASSIGNEE, A.COPY OF,EACH OF SAID INSTRUMENTS BEING ATTACHED HERETO AND MADE A PART HERE_ OF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN ACCEPTANCE AND APPROVAL OF OPTION AGREEMENT AND AMENDMENT TO ASSIGNMENT OF LEASE BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AS ASSIGNOR, AND GAULT AVIATION AS ASSIGNEE, A COPY OF EACH OF SAID INSTRUMENTS BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR IMMEDIATE APPROVAL AND ACCEPTANCE OF SAID OPTION AGREEMENT AND AMENDMENT TO ASSIGNMENT OF LEASE TO ENABLE THE ASSIGNEE TO COMMENCE CONSTRUCTION OF IMPROVEMENTS ON THE 'PREMISES LEASED CREATES A PUBLIC EMERGENCY AND AN it MPERATIVE 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 ORDI- NANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, 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 AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE pL6 DAY OF JULY, 1966. ATTEST:, 7d" a Qu a 0 CITY SECRETARY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS XJ DAY OF JULY, 1966: CITY ATTORNEY / 8103 .4 .R, - c.�, - 0.0 .} .'? `" • - _ OPTION AGREEMENT` . FOR AND IN CONSIDERATION, OF ONE DOLLAR, (si,:OO)" AND OTHER - VALUABLE' ON310ERki10N '- JRECEIVED.FRpNsGULF OILDCORPORATION, THE t)NDERSIfiNEO, L;` 4 } is "., OIL V •:, �• - _ : I C' • ROGER RO GAULT, D /B /A ^GAULjrAV1ATI ON, HEREINAFTER~CALLM "GRANTORM•,r -WHO3E -POST OFFICEti -_;, % ADDRE33, 1-$ P.,,O4 BOX yC72 CO PUS„CHRIS 1` TEXAS ON BEHALF OF H MSELF •H Stf- "`i- = 3 .7s R• a I ► 1 ..t• �� _' -, ^' .+ - •.'•Y'a.'. ''•-�"st�' "M". .t -"e •- hk. +-. '��.�+,t +' 't ^- � _ '• - ;NEIR�I i1Nb+l�93j$QN3, f1ASxTH15 PAY4eAROA1NEDy GRANTED AND �50_LO, AN0 BY THESE' .,. ,. ` � i`ki- - r �S^ - ,8: /,: - • t� i•A.. -.^iA9 ?y.y' Lt's. :3:4 - ^' PRESENTS DOES BARGAIN,- GRANT' AND SELL UNTO SAID' GULF OM CORPORATION, HEREIN- _ ,. AFTER ,CALLED '%RANTEEN+xbITS S{UC'G 9,SORffi A1I ASSI $� AN IRREVOCABLE�OPTIpN'TO o " •_.'c_ 'r: ' 'r ... n -, T' �,:4. �, .�' ••'�1" _- �'. bra •. _ .. •' = �i� , • HAVE ^A$SIGNEDxTO GU X01• L - o [3POfi�TIRN,BY-ROGil3l.,�GAULT, o /b /A,GAULTAyi'�T10_N;- ., ,., x , �.� a; sd. '3' •« �iad '''�`• up R,•f�Iw V- � 0 %'� • THAT ,CERTAIN •ASSIGNMENT OF LEASE GATE; -JULY 1>I, •196Q, 43'AMENDED BY 711STRUNENT• 'DATEb JAFJUARY" U, ��6j, AN6 FURTHER KMENDEb BY, IN3TRUMEgT EFFECTIVE DONE 14" fI,9F77G,,•WHEIi -ft 4� ILURE, TO PAY ANY !OF +THE - 14ONTOLY-INSTALLMENTS V tY OR ACCRUED- INTEREST-AS PROVIDED -IN PROMISSORY =• aw n # ra NOTE' DATED JANUARY 4" S961, PAYABLE- TO GULF 01L CORPORATION, DR., 'IN THE AMOUNT OFIZS,OO6.00j - °'- - - OR PROMISSORY NOTE DATED-JULY 15, 19%, •IN THE O 'AMOUNT OF 4.75,,500.00. - - - - - .'(E) FA'IrCURE -OF GRANTOR TO KEEP AND, •PERFORM ALL OF - +c -_ THE UNDERTAKINGS AND OBLIGATIONS ASSUMEd BY lil' _ ' - 'UNDER THAT CERTA i N GEED OF�TRUS7` DATED ,JANUARY ,h, ig6f, AND -DEED OF TRUST DATED JULY t5, 106, COVER- . I,NG'ALL OF -GRA NTORS, RI GHT, TITLE AND INTEREST IN _ - _ . AND Td THE ABOVE MENTIONED,ASSIGNMENT_Of LEASE e ' BETWEEN' GRANT,DR, A'S ASSI,GNEE� AND CORPUS ,CHRIST! .t , ' "• . • �,' BANK AND TRUST, COMPANY, TRUSTEE -. - — •, : , "�• ", - "'` `•� (F� FAILURE 'TO SECURE AND KEEP ,I N. QORCE DUR{NG ?HE' - - _ :.,.TERN OF TN13,AGREEMENT „A POLI -CY'OF, LIFE 'INSUR— s • •r ' • ANCE IN THE AMOUNT OF $1 .00 IN FAVOR OF ' ?. ' 75,500 , GULF OIL CORPORATION; OR IN AN AMOVNT.WHICH AT E - ,.. LEAST EQUAL$. THE REMAINING UNPAID BALANCE,AND - ACCRUED INTEREST OF THE PROMISSORY NOTEW DESK - • •CRIBED' IN- (D) ABOVE.• tGj DEFAULT BY GRANTOR IN THE PERFORMANCEOF HIS_ �.:,OBLI'GATIONS -A6 ASSt•GNEE - UNDER THE:AFOREMENFiONED e AS5IGNMENTI'OF ,LEASE DATED J64Y 1II; i96O', 'AS,' "A - - • <-x, - A'MENOEO,,PROYIOEO SUCH, OEFAUI:T GIVES RISE, -TO A', ` - - • -RIGHT OF;CANCELLATION OF SAID ASSII�GNMENT OF LEASE.- r - `•, -J5Y CORPUS'CHRI STI BANK• %A6,TRUST COIIPA NY,, TRUSTEE, + - ' • ,� „ ., � , ,.',- AND /OR THE - CITY OF CORPUS 'CHRI I WH1 LCH` HEREBY AGREE TO G)VE GU -4F OI L COR_P,ORATION THIRTY (36) ••,•�> DAYS NOTI -CE 'IN'WRITING OFT'8UCH DEFAULT. -'� --' `- ,FAI,LURE TO EXERCISE SAID', OPTION SHALL NOT WAIVE GRANTEE'S RIGHT TO - "r - 00 '30 AT,ANY TIME BETWEEN,TNE DATES MENTIONED EXCEPT -UNDER THE.ASSIGNMENT;- OF',SAID ASSIGNMENT OF LEASE-SHALL BE EFFECTIVE WHEN - }” `-•K': THIS OPTION IS EXERCISED BY GRANTEE 'BY WRITTEN NOTICE OF GRANTEE. 3 ELECTION _ TO HAVE SAID ,,LEASE• AGREEMENT •ASSIGNED ,TO JT, WHICH NOTICE SHALL BE MAILED TO ' GRANTOR''AT THE ABOVE "ADDRESS. Y: - - THIS AGREEMENT IS IN LIEU OF AND SUPERSEDES, A3�OF THE' EFFECTIVE `- ' .i. � _� „s a -`y F•'`. di f' ' �n: T4,`Mr :."- ^FY �. .-._ _.- - , "C' - - • PATE HEREOFp•T,HE OPTION' ,AGREEMENT ; DATEb, FEBRUARY, ,I,IF� 196t. EXECUTED IN TRIPLICATE THIS - DAY OF- „JULYS 1g66.,. !` 9GERl: GAULr, o %B /n GAULT AVIATION' >. ter. is. , '~ r• '�.ps�•N3 :: ^w• * - mss,: , -•!�+ - yu', - ' • sr., _ _- 'ti_ c =f'�.* �, S 'ate } i 'T? �' .+' _ ACCEPTED AND APPROVED - ATTEST:' _ CITY OF CORPUS QIR,IST1, TEXAS ' - SECRETARY < „�- 1TY= MANAGER. - _ - • - -- ” :ACCEPTED AND APPROVED: ATTES7s } .` COR PUS .CHRISTI BANK & TRUST COMPANY t . :r TRUSTEE A•,- - ,ASSISTANT SECRETARY - - - - VICE - PRESIDENT z t _ ASSIGNMENT OF LEASE d �y's Y °' - •' , e ;;t STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: ( COUNTY OF NUECES THAT, for and in consideration of Ten and No/100 Dollars ($10.00) r" and other valuable consideration, receipt of which is hereby acknowledged, �q, ROGER L. GAULT, d/b/a GAULT AVIATION, has assigned, transferred and conveyed k„; and does hereby assign, transfer and convey to GULF OIL CORPORATION that 'certain Assignment of Lease dated July 14, 1960, as amended by instrument y, dated January 30, 1961, and further amended by instrument effective June 1, .•'1966, which Assignment the Corpus Christi Bank and Trust Company, Trustee, y, as Assignor, did assign to ROGER L. GAULT, d/b/a GAULT AVIATION, as Assignee, a "z an area at the Corpus Christi Municipal Airport, Nueces County, Texas, and • more particularly described by metes and bounds as follows: i(See Schedule "A" attached hereto and made part hereof.) i ?',• AND ROGER L. GAULT, d/b/a GAULT AVIATION, does further assign, 'transfer and convey to said GULF OIL CORPORATION all his right, title and a' interest in and to the buildings and improvements thereon or hereafter to be placed thereon and,all and singular the rights and appurtenances belong- ing to or in anywise incident or appertaining to said property and premises i, insofar as it has any right, title and interest therein under the terms of )` said Assignment of Lease. ,. TO HAVE AND TO HOLD the same for and during the remainder of the '$; term mentioned in said Lease Agreement. And ROGER L. GAULT, d/b/a GAULT AVIATION, does hereby covenant that the said assigned leasehold is free from all other gifts, grants, bargains, sales, leases and encumbrances by it suffered, made or created. °' SS EXECUTED, this day of , 1966. ROGER L. GAULT, d/b/a GAULT AVIATION (See next page for Acceptance) NLL:mj - Page 1 of 2 Pages iW I,/ z` ?° ACCEPTED AND APPROVED >i ATTEST: CITY OF CORPUS CHRISTI, TEXAS Secretary' City Manager ' APPROVED AS TO LEGAL FORM P t THIS day of ' 1966 { City Attorney f P. e - t J • f . • ' . AA !a ; NLL:mj Page 2 of 2 Pages ' I,/ f ` I SCHEDULE A x' An Area at the Corpus Christi Municipal Airport, Nueces County, Texas, designated for commercial hangar and fixed base aviation operations ` t:•. '•located generally on the East side of the Terminal Building facilities t -1 within the area and all as shown and described on the attached drawing which s•r is made a part hereof for.all intents and purposes as if copied verbatim "Y ;•,••herein. Said area hereby leased is more particularly described by metes and bquads as follows: 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 "N" f F 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 '' } }E, 297.87 feet to a point for the Northeast.corner; , THENCE; South parallel'to the West line of this tract "' yy ; 500 feet to the' .place of beginning.,` gi , . s; '. .a . {.. F`'t'i 'S° o-�'� ~'t'•':g..• � }• _r •NtFy, *' „yt "�+%^��. r %;�,. ;.t„ - CORPUS CHRISTI, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION 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; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, R Nw• lem THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE�-- DR. P. JIMENEZ, JR. _ KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE