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Home My WebLink About11566 ORD - 07/11/1973JRR:jkh:6 -6 -73; 1st ' r w !' All ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT '4 4 AND APPROVE AN AMENDMENT OF ASSTGNMENT AGREEMENT s 'fv BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND AL KRAKOW DBA CORPUS CHRISTI AVIATION, AND STONEWALL NATIONAL BANK, ET AL, TO GARY R. LEVITZ, 'COVERING A COI- MRCIAL HANGAR AND FIXED BASE AVIATION k LEASE PLOT ON CORPUS CHRISTI INTERNATIONAL AIRPORT SITE, AS SHOWN AND MORE PARTICULARLY DESCRIBED IN THE r AMENDMENT OF ASSIGNMENT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT uAn WHEREAS, by Ordinance No. 8231, passed and approved by the City Couu�pil on November 2, 1966, the City - approved an Assignment of Lease covering a commercial hangar and fixed base aviation lease plot at the Corpus Christi International Airport between the Corpus Christi Bank and Trust Company, Trustee, and Al Krakow dba Corpus Christi Aviation; and WHEREAS, by Ordinance No. 8317, passed and approved by the City Council on January 11, 1967, an amendment to the aforesaid Assignment of Lease was authorized; and WHEREAS, from time to time the Assignee, Al Krakow dba Corpus Christi Aviation, requested authority and approval of the City Council �e • r� to assign the Lease rights, privileges and titles to others, the latest 41- such request having been granted by the-City Council, for assignment to + '•< Stonewall National Bank on August 23, 1972; and + y , WHEREAS, request has been made of the City Council to approve transfer of the lease of said Al Krakow dba Corpus Christi Aviation to Gary R. Levitz of Dallas, Texas; and WHEREAS, the City of Corpus Christiis agreeable to the transfer of the aforesaid lease to Gary R. Levitz: NOW, rIEREFORE, 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 to accept and approve an Amendment of Assignment Agreement between the Corpus Christi Bank and Trust Company, Trustee, and Al Krakow dba Corpus Christi Aviation, and Stonewall National Bank, et al, to Gary R. Levitz covering a commercial hangar and fixed base aviation lease plot at the 1� s• 4., Corpus Christi International Airport, as shown and more particularly described in the Amendment of Assignment Agreement, a copy of which is attached hereto i and made -'a part hereof, marked Exhibit 14 C AMENDMENT Or ASSIGNMENT AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X WHEREAS, by Ordinance No. 8231, passed and approved by the City Council on November 2, 1966, the City approved an Assignment of Lease covering a commercial hangar and fixed base aviation lease plot at the Corpus Christi International Airport between the Corpus Christi Bank and Trust Company, Trustee, and Al Krakow dba Corpus Christi Aviation; and WHEREAS, by Ordinance No. 8317, passed and approved by the City Council on January 11, 1967, an amendment to the aforesaid Assignment of Lease was authorized; and WHEREAS, from time to time, the Assignee, Al Krakow dba Corpus Christi Aviation, requested authority and approval cf the City Council to assign certain Lease rights, privileges and titles to others, the latest such request having been granted by the City Council on August 23, 1972, for assignment to Stonewall National Bank; and WHEREAS, request has been made of the City Council to approve transfer of the lease of said Al Krakow dba Corpus Christi Aviation to Gary R. Levitz of Dallas, Texas; and WHEREAS, the City of Corpus Christi is agreeable to the transfer of the aforesaid lease to Gary R. Levitz: NOW, THEREFORE, the following agreement is hereby entered into by and between the parties hereto: All right, title and privileges heretofore granted to Al Krakow dba Corpus Christi Aviation for operation of a commercial hangar and fixed base aviation lease plot at the Corpus Christi International Airport be and the same is hereby approved by the City of Corpus Christi for transfer to Gary R. Levitz of Dallas, Texas, and the terms and conditions of the assignments and lease heretofore granted to Al Krakow dba Corpus Christi Aviation shall be and remain in full force and effect. Copies of the Lease and Assignments are attached hereto as Exhibits "A" through "E" for all pertinent purposes. Executed this the day of June, 1973. ATTEST: ASSIGNEE: CORPUS CHRISTI AVIATION BY w Al Krakow ATTEST: ASSIGNOR: CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE By Gary R. Levitz ACCEPTED AND APPROVED: ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager APPROVED: DAY OF :TUNE, 1973: City Attorney ASSIG,N''MENT OF LEASE HANGAR AND FIXED BASE OPERATORS THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT MADE BY AND BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, HEREINAFTER REFERRED TO AS ASSIGNOR, AND AL KRAKOW, D /S /A CORPUS CHRISTI AVIATION, OF THE COUNTY OF SAN PATRICIO, STATE OF TEXAS, HEREINAFTER REFERRED TO AS ASSIGNEE, W I T N E S S E T H: WHEREAS, THE ASSIGNOR HEREIN, THE CORPUS CHRISTI BANK % TRUST COMPANY, TRUSTEE, HAS, BY AGREEMENT WITH THE CITY OF CORPUS CHRISTI, LEGALLY BECOME THE LESSEE OF CERTAIN LANDS AND LEASE SITES, CERTAIN PORTIONS OF WHICH ARE DESIGNATED FOR COMMERCIAL HANGAR AND FIXED BASE OPERATIONS, ALL AS SHOWN ON THE MASTER PLAN OF THE NEW MUNICIPAL AIRPORT ON FILE IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI, AND AS LOCATED WITHIN THE SITE OF THE NEW CORPUS CHRISTI MUNICIPAL AIRPORT, NUECES COUNTY, TEXAS; AND WHEREAS, THE AFORESAID AGREEMENT BETWEEN THF, CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND THE CITY OF CORPUS CHRISTI, WAS DULY AND LEGALLY APPROVED BY THE QUALIFIED VOTERS AT AN ELECTION HELD ON AUGUST 29, 1959; AND WHEREAS, THE CITY OF CORPUS CHRISTI PROPOSES TO MAINTAIN AND OPERATE THE NEW MUNICIPAL AIRPORT AS A PUBLIC AIRPORT AND ALL USES INCI- DENT THERETO, FOR THE BENEFIT OF THE PUBLIC; AND WHEREAS, ASSIGNCE PROPOSES TO ENGAGE IN COMMERCIAL HANGER AND FIXED BASE AVIATION OPERATIONS, AS HEREINAFTER DEFINED, AT THE NEW CORPUS CHRISTI P".UNICIPAL AIRPORT; AND WHEREAS, ASSIGNOR DEEMS IT ADVANTAGEOUS TO ASSIGN UNTO ASSIGNEE A SITE ON THE NEW MUNICIPAL AIRPORT, AS SHOWN AND DESCRIBED ON EXHIBIT °A °, WHICH IS ATTALHED HERETO AND MADE A PART HEREOF, AS MORE PARTICULARLY DESCRIBED HEREINAFTER, TO:,ETHER WITH THOSE PRIVILEGES, RIGHTS, USES AND INTERESTS INCIDENT THERETO, AS HEREINAFTER SET OUT; AND WHEREAS, ASSIGNEE DESIRES 70 OBTAIN AND AVAIL ITSELF OF SAID AREA, AS HEREINAFTER DESCRIBE,, AND OF THOSE PRIVILEGES, RIGHTS, USES AND INTERESTS INCIDENT THERETO, AS HEREINAFTER SET OUT: NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND FOR AND IN CONSIDCRATION OF THE CHARGES, FEES, RENTALS, COVENANTS AND AGREEMENTS CONTAINED HCREIN, THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: ARTICLE 1 RIGHT TO ASSIGN THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION, SITUATED IN NUECES COUNTY, TEXAS', THE SPONSOR AND OWNER OF THE NEW CORPUS CHRISTI MUNICIPAL AIRPORT, DOES BY THE ACCEPTANCE OF THIS ASSIGNMENT AND AGREEMENT, AGREE 70 ALL OF THE TERMS AND CONDITIONS SET OUT HEREIN AND AGREES THAT IN THE EVENT OF A JUDICIAL DETERMINATION 'THAT THIS AGREEMENT WAS ENTERED INTO CONTRARY TO LAW AS BETWEEN Ass l (INOR AND Ass m,u OR •THAT Ass I GNust, CSRpus' CHI 1 s 7 I SANx & TRUST I COMPANY, DID NOT HAVE LEGAL AUTHORITY TO ENTER INTO THIS ASSIGNMENT, THEN THE CITY AGREES TO TAKE WHATEVER REASONABLY NECESSARY STEPS MAY BE REQUIRED TO PROVIDE ASSIGNEE WITH A GOOD AND VALID ASSIGNMENT OR r LEASE OF THE SPACE HEREINAFTER DESCRIBED. IT IS UNDERSTOOD BY AND BETWEEN THE PARTIES HERETO THAT THIS ASSIGNMENT AND AGREEMENT MUST BE ACCEPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS • CHRISTI, ACTING BY AND THROUGH ITS CITY MANAGER, IN WRITING NOTED HEREIN, BEFORE THE CITY IS BOUND BY ANY OF THE TERMS OR CONDITIONS SET FORTH HEREIN. ARTICLE II DESCRIPTION 0:' ASSIGNED SPACE ASSIGNOR DOTS HEREBY ASSIGN UNTO AssIGNcz, SUBJECT TO ALL OF THE TERMS, CONDITIONS AND COVENANTS OF 'THIS AGRCCMENT, AND THE ACxECM_NT BETWEEN iXZ- CITY OF CORPUS CHRISTI AND AsBIGNOR AS HEREIN- ABOVE E�ESCRIEEO, AN AREA DESIGNATED FOR COMMr-RCIAL HANGAR AND FIXED -2- BASE AVIATION OPERATIONS LOCATED GENERALLY ON THE NORTHEAST SIDE OF THE TERMINAL BUILDING WITHIN THE AREA AND ALL AS SHOWN AND DESCRIBED ON THE ATTACHED DRAWING MARKED EXHIBIT "A ", WHICH IS MADE A PART HEREOF FOR ALL dNTENTS AND PURPOSES AS IF COPIED VERBATIM HEREIN, SAID AREA HEREBY LEASED BEING A TRACT OF LAND EXTENDING 860 FEET EAST AND WEST AND LOO FEET NORTH AND SOUTH AND COMPRISING 172,000 SQUARE FEET, OR APPROXIMATELY 3.9 ACRES. -3- ARTICLE III PRIVILEGES, RIGHTS USES AND INTERESTS IN ADDITION TO THE PRIVILEGES, RIGHTS, USES AND INTERESTS ATTACHING TO THE ASSIGNED PREMISES BY VIRTUE OF THE ASSIGNMENT, THE FOLLOWING USES, RIGHTS AND INTERESTS ARE HEREBY AGREED UPON BY AND BETWEEN THE PARTIES: A. USE OF ASSIGNED PREMISES, ASSIGNEE SHALL USE THE i • PREMISES HEREIN ASSIGNED FOR COMMERCIAL HANGAR AND FIXED BASE AVIATION OPERATIONS HEREIN DEFINED. NO OTHER USE SHALL BE MADE OF THE ASSIGNED PREMISES WITHOUT THE SPECIFIC WRITTEN PERMISSION OF THE CITY PRIOR TO THE BEGINNING OF ANY OTHER USES. y B. DEFINITION. HANGAR AND FIXED BASE OPERATIONS ARE HEREBY DEFINED AS THE HOUSING IN HANGARS AND RELATED SHOP AND OFFICE SPACE AND ENGAGING IN ANY ACTIVITY RELATED TO THE BUSINESS OF RE- PAIRING, LEASING, PURCHASING, OR OTHERWISE ACQUIRING, SELLING, EXCHANGING, DISPENSING, FINANCING, INSURING, OR DEALING IN OR DISTRIBU- TING AIRCRAFT OF EVERY CLASS AND DESCRIPTION INCLUDING ENGINES, MOTORS, AIRCRAFT INSTRUMENTS, SUPPLIES AND ACCESSORIES; THE SERVICING OF AIR - CRAFT•WITH FUELS AND LUBRICANTS; THE OPERATION OF AERIAL TAXI AND SIGHT- SEEING SERVICES AND AERIAL ADVERTISING, AERIAL SURVEY, AERIAL PHOTOG- RAPHY AND MAPPING; THE OPERATION OF SCHOOLS OF FLYING, NAVIGATION, • MECHANICS, AERIAL SURVEY, AERIAL PHOTOGRAPHY, AERIAL DESIGNING, AERIAL s ? CONSTRUCTION; AERONAUTICAL AND ALLIED RESEARCH; THE OPERATION OF THE BUSINESS OF NON— SCHEDULED TRANSPORTATION OF PASSENGERS; THE UNDERTAKING ! OF ANY PHASE OF AVIATION ACTIVITY FOR PROFIT RELATED TO OR CONTRIBUTING IN ANY WAY TO AIRCRAFT SALES, SERVICING AND DISTRIBUTION OR AERIAL ,I NAVIGATION. THIS DEFINITION SHALL ALSO INCLUDE THE GENERAL AND SPECIAL 1 PRIVILEGES, RIGHTS, USES AND INTERESTS AS SET -OUT HEREINAFTER IN ARTI- CLE III, PARAGRAPHS C AND D. C. GENERAL PRIVILEGES, RIGHTS, USES AND INTERESTS, IN ADDITION TO THE ABOVE DESCRIBED ASSIGNED SPACE, -THE •A5SI GNEE HEREIN SHALL HAVE THE RIGHT TO USE THE PUBLIC AREAS AND PUBLIC AIRPORT r FACILITIES INCLUDING THE RUNWAYS, TAXIWAYS, APRONS, RAMPS AND NAVI- GATIONAL AIDS AND FACILITIES IN COMMON WITH OTHERS SO AUTHORIZED. IT IS MUTUALLY AGREED, HOWEVER, THAT THE RIGHT TO USE THE PUBLIC AIRPORT FACILITIES SHALL BE EXERCISED SUBJECT TO AND IN ACCORDANCE - WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF TEXAS, AND THE RULES AND REGULATIONS PROMULGATED BY THEIR AUTHORITY WITH REFERENCE TO AVIATION AND AIR NAVIGATION, AND IN ACCORDANCE WITH ALL REASONABLE AND APPLICABLE RUES, REGULATIONS AND ORDINANCES OF THE CITY OF CORPUS CHRISTI. D. SPECIAL PRIVILEGES, RIGHTS, USES AND INTERESTS. WITHOUT LIMITING THE RIGHTS OF THE ASSIGNEE HEREIN, THE ASSIGNEE SHALL HAVE THE FOLLOWING SPECIAL PRIVILEGES, RIGHTS, USES AND INTERESTS: I. THE RIGHT TO SELL AIRCRAFT FUELS, LUBRICANTS AND PROPELLENTS ON THE ASSIGNED PREMISES AND ON ANY OTHER PUBLIC APRON SUBJECT TO THE REASONABLE RULES, REGULATIONS AND ORDINANCES OF THE CITY OF CORPUS CHRISTI. ASSIGNOR AND THE CITY RESERVE THE RIGHT, HOWEVER, TO LEASE OR RENT THE APRON IMMEDIATELY ADJACENT TO THE CONTROL TOWER ANNEX BUILDING, KNOWN AS AND AS SHOWN ON THE MASTER PLANS OF THE NEW MUNICIPAL AIRPORT AS THE TRANSIENT APRON, TO AN OPERATOR OR OPERATORS AS A SEPARATE BUSINESS FOR THE DISPENSING OF FUELS, LUBRICANTS AND PROPELLENTS AND /OR FOR THE OPERATION OF THE TIE -DOWN FACILITIES LOCATED ON SAID APRON. IN THE EVENT THAT THE TRANSIENT APRON IS OPERATED AS A SEPARATE BUSINESS, INCLUDING THE DISPENSING OF FUELS, LUBRICANTS AND OTHER PROPELLENTS AND /OR THE OPERATION OF THE TIE -DOWN FACILITIES, THEN ASSIGNEE SHALL NOT HAVE THE RIGHT TO THE USE OF THE TIE -DOWNS ON SAID APRON OR TO SELL AND DISPENSE FUELS, LUBRICANTS OR PROPELLENTS ON SAID APRON IN COMMON WITH OTHERS SO AUTHORIZED. THE ASSIGNEE riERE1N SHALL HAVE THE RIGHT TO SELL AIRCRAFT FUELS, LUBRICANTS AND PROPELLENTS TO ANY AND /OR ALL OF THE COMMERCIAL AIRLINES AND NON - SCHEDULED AIRLINES OR AIRCRAFT USING THE AIRPORT AND TO SELL AIRCRAFT FJELS, LUBRICANTS AND PROPELLENTS WITHIN ANY PRIVATE HANGAR AREA PRIVATE MEANS PRIVATELY OWNED HANGARS ..5- FOR THE STORAGE OF THE OWNERS OWN AIRCRAFT AND DOES NOT MEAN COMMERCIAL � t HANGARS, WHETHER PRIVATELY OWNED OR NOT, IN WHICH COMMERCIAL FIXED BASE AVIATION OPERATIONS ARE CONDUCTED) LOCATED ON THE AIRPORT. 'L. ASSIGNEE HEREIN SHALL HAVE THE RIGHT TO STORE AIRCRAFT FUELS, LUBRICANTS AND PROPELLENTS ON THE ASSIGNED PREMISES, SUBJECT TO THE TERMS AND CONDITIONS AS HEREINAFTER SET FORTH. 3. THE ASSIGNEE HEREIN SHALL HAVE THE RIGHT TO MAINTAIN f AND OPERATE MOBILE EQUIPMENT WHEN REASONABLE AND NECESSARY TO FILL ' V AND DISPENSE AIRCRAFT FUELS, LUBRICANTS AND PROPELLENTS ON THE ' 1 ASSIGNED PREMISES AND WITHIN THE AREA AS ABOVE MENTIONED, WITH RIGHT i i OF ACCESS TO THE COMMERCIAL RAMP AND CONNECTING TAXIWAYS. ' A 1� Y. THE ASSIGNEE HEREIN SHALL HAVE THE RIGHT TO MAINTAIN, , STORE AND SERVICE AIRCRAFT WHICH SHALL INCLUDE THE HANGARING OF ' SAID AIRCRAFT, MAJOR AND MINOR OVERHAULING AND REPAIRING OF AIRCRAFT, REPAIRING, INSPECTION AND LICENSING OF SAME, AND THE RIGHT TO PUR- CHASE AND SELL PARTS, EQUIPMENT AND AIRCRAFT ACCESSORIES. 5. THE ASSIGNEE HEREIN SHALL HAVE THE RIGHT TO PURCHASE AND SELL, WITHIN THE ASSIGNED PREMISES, AERONAUTICAL CHARTS, PUBLICA- TIONS, CAPS, SUNGLASSES, COMPUTERS, RADIOS, AND OTHER AVIATION RELATED t ITEMS NORMALLY SOLD AND DISPENSED BY COMMERCIAL FIXED BASED HANGAR Q i OPERATORS. E). ASSIGNEE HEREIN SHALL HAVE THE RIGHT TO RENT, LEASE AND CHARTER AIRCRAFT AND TO ENGAGE IN THE BUSINESS OF TEACHING AND /OR OTHERWISE INSTRUCTING FLYING AND AIRCRAFT MECHANICS. 7. THE ASSIGNEE HEREIN SHALL BE ENTITLED TO PLACE AND ERECT SIGNS AND ADVERTISING MATERIAL WITHIN THE HANGARS, OFFICES AND SHOPS ON THE ASSIGNED PREMISES AT ASSIGNEE'S DISCRETICN, AND ASSIGNEE SHALL HAVE THE RIGHT TO PLACE AND ERECT SIGNS AND OTHER ADVERTISING MATERIAL ON -HE OUTSIDE OF ASSIGNEE'S BUILDINGS, SHOPS AND OFFICES PROVIDED THAT THE SIZE AND SHAPE OF S:SCH SIGNS SHALL CONFORM TO THE GENERAL APPEARANCE OF THE A;RFORT AND THE BUILDINGS LOCATED THEREON, ' SUBJECT TO THE APPROVAL OF THE AIRPORT MANAGER AS TO THE COMPLIANCE OF 0 ANY SUCH SIGNS WITH THE RESTRICTIONS HEREOF. THE ASSIGNEE SHALL ALSO HAA THE RIGHT TO PLACE AND ERECT SIGNS AND ADVERTISING MATERIAL AT OTHER LOCATIONS ON THE AIRPORT, PROVIDED THAT WRITTEN PERMISSION 13 OBTAINED FROM THE AIRPORT MANAGER PRIOR TO THE INSTALLATION OF ANY SIGN OR ADVERTISING MATERIAL AT ANY LOCATION OUTSIDE OF OR OFF THE ASSIGNED PREMISES, AND SUBJECT TO THE ORDER OF THE AIRPORT MANAGER TO REQUIRE THE REMOVAL OF SUCH INSTALLATIONS OR ANY OF THEM AT ANY TIME. E. PRIVILEGES, RIGHTS, USES AND INTERESTS EXCLUDED. IT IS SPECIFICALLY AGREED AND STIPULATED THAT THE FOLLOWING PRIVILEGES, RIGHTS, USES AND INTERESTS ARE EXCLUDED FROM THIS ASSIGNMENT: 1. GROUND TRANSPORTATION FOR HIRE. IT IS UNDERSTOOD, HOWEVER, THAT ASSIGNEE MAY PROVIDE GROUND TRANSPORTATION FOR ITS j EMPLOYEES AND AVIATION CUSTOMERS AS A r SERVICE EXCEPT THAT SAID SERVICE MAY NOT BE OFFERED TO THE GENERAL PUBLIC ON A COMMERCIAL BASIS. 2. WESTERN UNION. IT IS UNDERSTOOD, HOWEVER, THAT ASSIGNEE MAY USE THE WIRES, LINES AND SERVICES OF WESTERN UNION FOR ITS OWN PUR- POSES IN CONNECTION WITH THE ESTABLISHMENT OF A COMMUNICATIONS SYSTEM AND WEATHER SYSTEM OR FOR ANY OTHER PURPOSE SO LONG AS ASSIGNEE DOES NOT ENGAGE COMMERCIALLY IN THE TAKING OR , F SENDING OF TELEGRAMS, MONEY ORDERS, ETC. . 3. AUTOMOBILE RENTAL SERVICE. 4. NEWS AND SUNDRY SALES EXCEPT FOR THOSE AVIATION RELATED ITEMS AS MENTIONED HEREINABOVE. 5. ADVERTISING CONCESSIONS EXCEPT THOSE THAT MAY BE CONDUCTED WITHIN ASSIGNEE S HANGARS, OFFICES AND SHOPS. 6. BARBER, VALET AND PERSONAL SERVICES.. 7. THE SALE OF FOOD AND/OR DRINK EXCEPT FROM DISPENSING MACHINES LOCATED WITHIN THE HANGARS, OFFICES AND/OR SHOPS. HOWEVER, NO CAFE OR CAFETERIA TYPE OF SERVICE SHALL BE OPERATED. 8. THE SALE OF FLIGHT ANDIOR TRIP INSURANCE, 9. COMMERCIALLY ENGAGING IN THE BUSINESS OF MAKING y�., RESERVATIONS FOR HOTELS, MOTELS AND OTHER LODGING. ARTICLE IV CONSTRUCTION OF HANGARS THE ASSIGNEE HEREIN SPECIFICALLY AGREES TO CONSTRUCT A MINIMUM OF ONE (1) HANGAR ON THE ASSIGNED PREMISES, AND THAT THE HANGAR INCLUDING OFFICE AND SHOPS, SHALL CONTAIN A MINIMUM OF SIXTEEN THOUSAND EIGHT HUNDRED (16,800) SQUARE FEET OF FLOOR SPACE WITHIN THE OUTER WALLS THEREOF. IT IS AGREED THAT ASSIGNEE SHALL NOT BE LIMITED TO THE CON- STRUCTION OF ONE (1) HANGARS BUT THAT ONE (1) HANGAR CONTAINING THE ABOVE MENTIONED MINIMUM SQUARE FEET MUST BE ERECTED AS A CONDITION PRECEDENT AND PRIOR TO THE TIME THAT ASSIGNEE MAY AVAIL HIMSELF OR ITSELF OF THE PRIVILEGES, RIGHTS, USES AND INTERESTS SET FORTH HEREINABOVE. ASSIGNEE FURTHER AGREES TO BEGIN THE CONSTRUCTION OF THE AFOREMENTIONED HANGAR WITHIN ONE HUNDRED EIGHTY (180) DAYS AFTER THE DATE OF THE EXECUTION OF THIS ASSIGNMENT AND AGREEMENT AND, IN THE EVENT OF ASSIGNEES FAILURE OR REFUSAL TO BEGIN SUCH CONSTRUCTIONS THEN THIS ASSIGNMENT AND AGREEMENT SHALL EXPIRE AND SHALL BE OF NO FURTHER FORCE NOR EFFECT, PROVIDED] HOWEVER, THAT THE TIME MAY BE EXTENDED BY THE CITY AND PROVIDED FURTHER THAT IN THE EVENT OF A STRIKE OR ACT OF GOD OUTSIDE THE CONTROL OF ASSIGNEE DURING SAID PERIOD SO AS TO DELAY ASSIGNEES ABILITY TO PROCEED, THEN SAID TIME SHALL NOT BE COUNTED AS PART OF THE AFORESAID PERIOD. PROVIDED FURTHER, HOWEVER, THAT IN THE EVENT, FOR ANY REASONS THAT THE AFOREMENTIONED MINIMUM HANGAR IS NOT CONSTRUCTED OR UNDER CONSTRUCTION WITHIN TWELVE (12) MONTHS FROM THE DATE OF THE EXECUTION OF THIS AGREEMENT, THEN THIS AGREEMENT SHALL EXPIRE AND BECOME NULL AND VOID AND OF NO FURTHER FORCE NOR EFFECT. IT IS AGREED THAT THE CONSTRUCTION OF ONE (1) HANGAR CONTAINING THE ABOVE MINIMUM SQUARE FOOTAGE WITHIN THE ASSIGNED PREMISES MARKED AREA "A" ON THE ATTACHED EXHIBIT "A", BY ASSIGNEE SHALL BE SUFFICIENT TO HOLD AREA °A" AND TO ENJOY ALL OF THE AFOVEMENTIONED RIGHTS USES PRIVILEGES AND INTERESTS INCIDENT THERETO. IF-11 ASSIGNEE FURTHER AGREES, PRIOR TO THC CONSTRUCTIO-N OF ANY HANGAR OR IMFRt'VEMENT ON THE ASSIGNED PREMISES, TO SUBMIT PLANS AND SPECIFICATIONS TO THE CITY FOR APPROVAL. THE CITY AGREES TO IMMEDIATELY REVIEW THE SAID PLANS AND SPECIFICATIONS WITH RESPECT TO THE GENERAL APPEARANCE OF SAME AND WITH RESPECT TO THE SAFETY AND TYPE OF CONSTRUCTION PROPOSED AND 70 RENDER ITS DECISION WITHIN A REASONABLE TIME AFTER RECEIPT OF SAID PLANS, AND THE CITY SPECIFICALLY AGREES NOT TO DISAPPROVE OF SAID PLANS UNLESS SAID DISAPPROVAL IS FCR SOME REASONABLE REASON. HOWEVER, THE APPROVAL OF SUCH PLANS SHALL NOT BE CONSIDERED AS AN ADOPTION THEREOF NOR IMPOSE ANY RE- SPONSIBILITY OR LIABILITY ON THE CITY BY REASON THEREOF. ARTICLE V• ACCEPTANCE OF PREMISES ASSIGNEE ACKNOWLEDGES THAT THE PREMISES HAVE BEEN INSPECTED AND DOES HEREBY AGREE TO AND DOES ACCEPT THE ASSIGNED 4 PREMISES IN ITS PRESENT PHYSICAL CONDITIONS AND AT THE EXISTING GROUND LEVEL,. AND ASSIGNEE FURTHER AGREES TO PAY THE'TOTAL COST OF D£VELOPlN3 SAID PROPERTY. ARTICLE VI TERM THE TERM OF THIS ASSIGNMENT AND AGREEMENT SMALL BE AS FOLLOWS:: COMMENCING ON THE DATE OF THE EX:CUTION HEREOF AND TERMINATING ON THE 13TH DAY OF JULY, 1994, PROVIDED, HOWEVER, ASSIGNEE HAS NOT DEFAULTED IN ANY OF THE TERMS, CONDITIONS AND FROVtSIONS HEREOF. ' ARTICLE VII RENT ASSIGNEE AGREES TO PAY THE CITY AS RENTAL FOR THE USE ' AND OCCA ?ANCY OF THE ASSIGNED PREMISES AND FOR THE PRIVILEGES, RIGHTS, USES AND INTER:STS AS ABOVE SET FORTH RENTAL ACCORDING TO THE FOLLOWING SCHEDULES: 1. THREE AND ONE - FOURTH CENTS (3 1/40) PER SQUARE FOOT PER YEAR FOR THE AREA COVERED BY HANGARS SHOPS OFFICES AND /OR OTHER BUILDINGS. SUCH PAYMENT SHALL BE FOR A MINIMUM OF 16,800 SQUARE FEET. E. ONE CENT (10) PER SQUARE FOOT PER YEAR FOR THE AREA WITHIN THE ASSIGNED PREMISES NOT COVERED BY HANGARS, SHOPS, OFFICES AND /OR OTHER BUILDINGS. 3. THIRTY -THREE AND ONE -THIRD (33 1/355) PERCENT OF THE GROSS INCOME FROM PARKING AND /OR TIEDOWN FACILITIES LOCATED ON ANY RAMP THAT MAY BE CONSTRUCTED IN THE RAMP AREA, WHICH RAMP IS SHOWN ON EXHIBIT °A" WHICH IS ATTACHED HERETO. 4. THREE (30) CENTS PER GALLON FOR EACH GALLON OF GASOLINE AND /OR OTHER PROPELLANTS AND FUELS SOLD BY AND THROUGH ASSIGNEES OPERA- TIONS, EXCEPT SALES TO OR SERVICING OF COMMERCIAL AIRLINE AIRCRAFT HOLDING VALID OPERATING CONTRACTS ON THE AIRPORT. 5. IN THE EVENT ASSIGNEE DESIRES TO INSTALL STORAGE TANKS WITHIN THE ASSIGNED PREMISES, THEN THERE SHALL BE NO ADDITIONAL CHARGES OTHER THAN THE AFOREMENTIONED GROUND RENTAL, FOR SUCH STORAGE TANKS. ASSIGNEE AGREES TO SUBMIT ITS PLANS FOR THE INSTALLATION OF THE STORAGE TANKS TO THE CITY PRIOR TO THE INSTALLATION THEREOF. IN THE EVENT THAT ASSIGNEE DESIRES TO LOCATE A FUEL STORAGE SITE ON PROPERTY OUTSIDE THE ASSIGNED PREMISES, ASSIGNEE SHALL PAY A RENTAL OF ONE CENT (1¢) PER GALLON PER YEAR FOR EACH GALLON OF STORAGE CAPACITY OF ITS GASOLINE, FUEL AND PROPELLANT STORAGE TANKS. THAT ISM IF ASSIGNEE DESIRES TO INSTALL STORAGE TANKS OFF THE ASSIGNED PREMISES FOR THE STORAGE OF ONE THOUSAND (1,000) GALLONS OF GASOLINE OR OTHER FUEL OR PROPELLANT, THEN THE RENTALS FOR SUCH GASOLINE STORAGE SHALL BE COMPUTED ON THE BASIS OF ONE CENT (10) PER GALLON FOR THE ONE THOUSAND (1,000) GALLON STORAGE CAPACITY OF THE TANK FOR A RENTAL OF TEN DOLLARS ($10.00) PER YEAR, WHICH IS AN EXAMPLE ONLY AND THE ACTUAL CAPACITY OF THE STORAGE TANKS ACTUALLY INSTALLED BY ASSIGNEE SHALL BE USED AS THE -10- BASIS FOR DETERMINING THE RENT HEREUNDER. THE PERMISSION TO INSTALL ANY TANK OFF THE ASSIGNED PREMISES AS WELL AS THE'LOCATION OF SUCH FUEL STORAGE SITE OFF ASSIGNEES PREMISES SHALL BE SUBJECT TO THE CITY'S OPTION TO GIVE SUCH AGREEMENT AND APPROVAL. 6. AT THE END OF EACH THREE YEAR PERIOD AFTER THE EXECUTION OF THIS AGREEMENTS EITHER PARTY HERETO SHALL HAVE THE RIGHT AND OPTION TO REQUEST AN ADJUSTMENT IN THEGROUND RENTAL RATES, THE FLOWAGE FEES AND THE RENTAL FOR THE FUEL STORAGE TANKS AS ABOVE SET OUT, WHICH ADJUSTMENT SHALL BE COMPUTED BY MULTIPLYING SUCH RATE AND FEE BY A FRACTIONS THE DENOMINATOR OF WHICH SHALL BE THE ARITHMETICAL AVERAGE AS OF THE DATE OF THIS AGREEMENT OF THE INDICES (A)' OF THE UNITED STATES BUREAU OF LABOR STATISTICS FOR HOURLY WAGE RATES OF ALL WORKERS IN MANUFACTURING AND (6) OF ALL COMMODITY WHOLESALE PRICES, AND THE NUMERATOR OF WHICH SHALL BE THE ARITHMETICAL AVERAGE OF SAID INDICES (A) AND (B) FOR THE LAST AVAILABLE TWELVE (12) MONTHLY INDICES IMMEDIATELY PRECEDING THE REQUEST FOR ADJUSTMENT. THIS PROVISION SHALL BE EFFECTIVE IN THIS MANNER AS LONG AS BOTH INDICES ABOVE MENTIONED ARE PUBLISHED BY THE UNITED STATES GOVERNMENT IN SUBSTANTIALLY THE SAME FORM AND BASED ON THE SAME DATA AS AT THE DATE OF THIS AGREEMENT AND IN THE EVENT OF SUBSTANTIAL CHANGE IN THE FORM AND BASIS OF INDICES, THIS ADJUSTMENT PROVISION SHALL BE REDESIGNED TO THE MUTUAL SATISFACTION OF THE PARTIES HERETO. AS OF THE DATE OF THIS AGREEMENT, THE UNITED STATES BUREAU OF LABOR STATISTICS INDEX FOR HOURLY WAGE RATES FOR ALL MANUFACTUR- ING EMPLOYEES IS $2.70 AND THE COMMODITY WHOLESALE PRICE INDEX IS io6.8 PROVIDED HOWEVER, THAT SAID FORMULA MUST RESULT IN A CHANGE OF AT LEAST 1/40 PER UNIT OR NO ADJUSTMENT' SHALL BE MADE AND ALL ADJUSTMENTS SHALL BE MADE TO THE NEAREST 1/40. THE RENTALS AS SET OUT HEREIN ABOVE SHALL, AS TO THE 10 PER SQUARE FOOT GROUND RENTALS COMMENCE 90 DAYS FOLLOWING THE DATE OF EXECUTION OF THIS ASSIGNMENT. THE ADDITIONAL 2 -1/Y0 MAKING A TOTAL OF 3 -1/40) PER SQUARE FOOT FOR AREA OCCUPIED BY BUILDINGS SHALL COMMENCE WHEN THE ASSIGNEE HAS SUBSTANTIALLY COMPLETED THE PLANNED INITIAL HANGARS OFFICE AND SHOP IMPROVEMENTS OR WHEN ASS,I GNEE BEGINS DOING BUS I NESS,-WH I CHEVER FIRST OCCURS. IN ORDER TO DETERMINE AND COMPUTE THE GROUND RENTALS, IMPROVEMENTS CONSTRUCTED UPON THE ASSIGNED PREMISES OR COMMENCEMENT OF BUSINESS (WHICHEVER OCCURS FIRST) SHALL INCREASE THE GROUND RENTAL FROM lye PER SQUARE FOOT PER YEAR TO 3 -I I PER SQUARE FOOT PER YEAR ON THE FIRST DAY OF THE MONTH IMMEDIATELY FOLLOWING. THE GROUND RENTALS AS SET OUT HEREINABOVE SHALL BE COMPUTED ON A MONTHLY BASIS AND BECOME DUE AND PAYABLE ON THE FIRST DAY OF EACH CALENDAR MONTH THROUGHOUT THE TERM OF THIS ASSIGNMENT. ON THE FIRST DAY OF THE NEXT CALENDAR MONTH AFTER THE RENTALS BEGIN UNDER THIS ASSIGN- MENT, ASSIGNEE SHALL PREPARE A REPORT IN WRITINGS ON A FORM APPROVED BY THE CITY, SH014ING THE TOTAL NUMBER OF GALLONS OF GASOLINE, FUELS AND/OR OTHER PROPELLENTS SOLD BY ASSIGNEE AND THE TOTAL GROSS RECEIPTS FROM THE ABOVEMENTIONED APRON DURING THE PRECEDING CALENDAR MONTH AND SHALL SUBMIT SAID REPORT TO THE CITY, ALONG WITH THE RENTAL TO BE PAID THEREUNDER, PRIOR TO THE TENTH (10TH) DAY OF SAID CALENDAR MONTH. ASSIGNEE SHALL SUBMIT A LIKE REPORT AND PAYMENT THEREFOR EACH SUCCEEDING MONTH DURING THE TERM OF THIS ASSIGNMENT. ASSIGNEE AGREES TO KEEP FULL AND ACCURATE RECORDS OF ALL TRANSACTIONS, SALES AND INCOMES BOTH FROM CASH SALES AND CREDIT I SALES, THAT IN ANY WAY CONCERN RENTAL TO THE CITY, AND FURTHER AGREES THAT ALL BOOKS AND RECORDS COVERING SUCH SALES SHALL BE OPEN TO INSPECTION BY THE CITY OF CORPUS CHRISTI AT ALL REASONABLE TIMES. 7. THE CITY OF CORPUS CHRISTI HEREBY APPOINTS ITS AIRPORT MANAGER AS ITS AGENT TO RECEIVE ALL RENTALS AND REPORTS UNDER THIS AGREEMENT, AND ASSIGNEE HEREBY AGREES TO SUBMIT THE AFOREMENTIONED REPORTS AND PAYMENTS TO THE AIRPORT MANAGER. IT IS; HOWEVER, SPECIFICALLY AGREED THAT THE CITY MAY DESIGNATE OTHERS AS AGENTS TO INSPECT ASSIGNEES BOOKS AND RECORDS, AS ASOVEMENTIONEO, -12- PROVIDED SUCH INSPECTIONS ARE PERFORMED AT REASONABLE TIMES DURING WORKING HOURS. 8. IN ADDITION TO ALL OTHER REMEDIES WHICH THE CITY MAY HAVE TO ENFORCE THE OBLIGATIONS OF ASSIGNEE, THE CITY SHALL HAVE A LIEN ON ALL PROPERTY OF ASSIGNEE PLACED ON SAID PREMISES FOR ALL MONEYS, RENTS, SHARES OF GROSS RECEIPTS AND OTHER OBLIGATIONS OF ASSIGNEE. 9. BY THE TERM "TRANSIENT APRON" iS MEANT THAT APRON EAST OF THE CONTROL TOWER BUILDING APPROXIMATELY TWO HUNDRED EIGHTY (28O) FEET IN WIDTH EXTENDING FROM TAXIWAY "H" SOUTHWARD TO A LINE WHICH IS THE EASTERN EXTENSION OF THE SOUTH LINE OF THE COMMERCIAL APRON RUNNING SOUTH OF THE TERMINAL BUILDING AND CONTROL TOWER BUILDING, SAID TRANSIENT APRON HAVING A LENGTH NORTH AND SOUTH OF APPROXIMATELY SEVEN HUNDRED FIFTY (750) FEET. THE TERM "PUBLIC APRON" SHALL INCLUDE, IN ADDITION TO THE TRANSIENT APRON ABOVE DESCRIBED, THE FOLLOWING AREA: ALL OF THAT AREA SHOWN ON EXHIBIT "A" AS "COMMERCIAL APRON" AND BEING AN AREA APPROXIMATELY 800 FEET IN WIDTH EXTENDING NORTH AND SOUTH AND EXTENDING EAST AND WEST A DISTANCE OF APPROXIMATELY 1050 FEET, ALL OF WHICH AREA LIES AS SHOWN ON EXHIBIT "A" SOUTH OF THE AIRPORT TERMINAL BUILDING AND AIRPORT CONTROL TOWER BUILDING. ARTICLE VIII UNDERTAKINGS OF THE CITY OF CORPUS CHRISTI THE CITY OF CORPUS CHRISTI, BY ACCEPTANCE OF THIS ASSIGNMENT, AS NOTED IN WRITING HEREINAFTER, AND AS CONSIDERATION HEREIN, COVENANTS AND AGREES AS FOLLOWS, TO -WIT: A. TO OPERATE THE NEW CORPUS CHRISTI MUNICIPAL AIRPORT AS A PUBLIC AIRPORT DURING THE TERM OF THIS ASSIGNMENTS SUBJECT TO AND CONSISTENT WITH AND PURSUANT TO THE SPONSORS ASSURANCES GIVEN BY THE CITY TO THE UNITED STATES GOVERNMENT UNDER THE FEDERAL AIRPORT ACT, AND SUBJECT TO THE CONDITIONS AND HAPPENINGS CONTAINED IN ARTICLE X, PARAGRAPH E, OF THIS AGREEMENT. -13- ARTICLE IX UNDERTAKINGS OF ASSIGNEE THE ASSIGNEE HEREIN, AS ADDITIONAL CONSIDERATION HEREOF, HEREBY COVENANTS AND AGREES AS FOLLOWS, TO -WIT: • A. ASSIGNEE AGREES, AT ITS OWN COST AND EXPENSE, TO IMPROVE THE ASSIGNED PREMISES BY THE CONSTRUCTION OF HANGARS, OFFICES, SHOPS AND /OR OTHER IMPROVEMENTS, AS HEREINABOVE MENTIONED AND TO MAINTAIN SAID IMPROVEMENTS AND ASSIGNED PREMISES IN A PRESENT- ABLE CONDITION CONSISTENT WITH GOOD BUSINESS PRACTICE AND EQUAL IN APPEARANCE AND CHARACTER TO OTHER SIMILAR IMPROVEMENTS ON THE AIRPORT. B. ASSIGNEE AGREES TO CAUSE TO BE REMOVED FROM THE ASSIGNED PREMISES ALL WASTES GARBAGE RUBBISH, JUNKS WORN -OUT PARTS AND OTHER REFUSE, AND AGREES NOT TO DEPOSIT THE SAME OR ALLOW THE SAME TO ACCUMULATES EXCEPT TEMPORARILY IN CONNECTION WITH COLLECTION FOR REMOVAL, ON ANY PART OF THE ASSIGNED PREMISES OR OTHER PROPERTY LOCATED WITHIN THE AIRPORT SITE, PROVIDED HOWEVER, THAT THE CITY MAY PROVIDE GARBAGE SERVICE FOR A REASONABLE FEE IN LINE WITH AND IN KEEPING WITH THE CHARGES MADE TO COMMERCIAL ESTABLISHMENTS OF A SIMILAR NATURE. ASSIGNEE SPECIFICALLY AGREES HOWEVER, TO MAKE ADEQUATE PROVISION FOR AND TO DISPOSE OF WASTE OILS AND LUBRICANTS AND TO DISPOSE OF - SAME OFF THE AIRPORT PROPERTY. ASSIGNEE SPECIFICALLY AGREES NOT TO 9 m r e DISPOSE OF SAID WASTE OILS AND LUBRICANTS BY INDUCING SAME IN ANY QUANTITIES INTO THE AIRPORT SEWAGE SYSTEM. C. ASSIGNEE AGREES THAT IT OR ITS TENANTS AND SUBLESSEES WILL AT ALL TIMES FURNISH GOODS PROMPT AND EFFICIENT SERVICE ADEQUATE TO MEET ALL THE DEMANDS FOR SUCH SERVICE AT THE AIRPORT AND TO FURNISH SAID SERVICES ON A FAIR, EQUAL AND NONDISCRIMINATORY BASIS TO ALL USERS THEREOF, AND TO CHARGE FAIR, REASONABLE AND NONDISCRIMINATORY PRICES FOR EACH UNIT OF SALE OR SERVICE; PROVIDED THAT THE ASSIGNEE OR ITS TENANTS AND SUBLESSEES WILL BE ALLOWED TO MAKE REASONABLE AND NONDISCRIMINATORY DISCOUNTS, REBATES OR OTHER SIMILAR TYPE OF PRICE REDUCTIONS TO VOLUME PURCHASERS. PROVIDED, FURTHER, THAT NOTHING HEREIN CONTAINED IS INTENDED TO NOR SHALL BE CON- STRUED AS VESTING IN ASSIGNOR THE POWER OR AUTHORITY TO REGULATE ASSIGNEE'S CHARGES FOR STUDENT TRAINING, AIRCRAFT RENTAL, AIRCRAFT STORAGE AND AIRCRAFT 1 CHARTER SERVICE AND SERVICES SPECIFICALLY RELATED TO SUCH SERVICES. D. THE LESSEE AGREES TO CONSTRUCT AN APRON EXTENDING APPROXIMATELY 150 FEET EAST AND WEST AND ZOO FEET NORTH AND SOUTH ADJACENT TO THE PROPOSED BUILDING AREA. SUCH CONSTRUCTION WILL BE AT SUCH GRADE AND OF SUCH MATERIAL SO AS TO BE IN KEEPING AND IN ACCORDANCE WITH PLANS AND SPECIFICATIONS WHICH ARE SUBJECT TO THEAPPROVAL OF THE CITY. SAID CONSTRUCTION SHALL COMMENCE WITHIN 180 DAYS FROM THE OATE'OF THIS LEASE AND PROCEED WITH DUE DILIGENCE ALL AT THE EXPENSE OF THE ASSIGNEE, AT AN ESTIMATED COST OF $22,000. THE ASSIGNEE SHALL BE ENTITLED TO REIMBURSEMENT FOR THE ACTUAL AMOUNT OF SAID CONSTRUCTION COST BY CREDITING THE RENTAL AND FLOWAGE FEES WHICH ARE OTHER- . WISE PAYABLE UNDER THE TERMS OF THIS ASSIGNMENT UNTIL THE SAID CONSTRUCTION COSTS (INCLUDING INTEREST, LIMITED, HOWEVER, TO ACTUAL INTEREST PAID AND FURTHER LIMITED TO INTEREST AT 6% PER ANNUM AND FURTHER LIMITED TO INTEREST ON CONSTRUCTION COSTS REDUCED BY MONTHLY CREDITS WHICH WOULD OTHERWISE BE PAYABLE EXCEPT FOR THE RIGHT OF REIMBURSEMENT CONTAINED IN THIS PARAGRAPH) SHALL HAVE BEEN REIMBURSED TO ASSIGNEES PROVIDED HOWEVER, THAT SAID REIM- BURSEMENT SHALL NOT EXTEND BEYOND 63 MONTHS FROM THE DATE HEREOF. AFTER SUCH REIMBURSEMENT OF SAID CONSTRUCTION COSTS OR THE EXPIRATION OF 63 MONTHS -15- FROM THE DATE HEREOF, WHICHEVER FIRST OCCURS, NO FURTHER REIMBURSEMENT SHALL BE DUE TO ASSIGNEE. CITY WILL MAINTAIN THE RAMP AFTER CONSTRUCTION BY ASSIGNEE. E. ASSIGNEE AGREES TO CONSTRUCT AND INSTALL PR02ER AND NECESSARY WATER, GAS AND SEWAGE LINES WHICH WILL CONNECT WITH THE EXISTING UTILITY LINES LOCATED ADJACENT TO THE ENTRANCE ROAD, IN ORDER THAT WATER, GAS AND SEWAGE SERVICE WILL BE AVAILABLE TO THE ASSIGNED PREMISES. ASSIGNEE SHALL PAY ALL CHARGES FOR WATER, GAS, SEWAGE, ELECTRICITY AND OTHER PUBLIC UTILITIES SUPPLIED TO ASSIGNEE AND/OR ASSIGNEES PREMISES DURING THE TERM OF THIS • LEASE AS SUCH CHARGES BECOME DUE AND PAYABLE. F. ASSIGNEE SHALL NOT USE, SUFFER OR PERMIT ANY PERSON TO USE THE PREMISES HEREIN ASSIGNED FOR ANY ILLEGAL, IMMORAL OR BAWDY PURPOSES. ARTICLE X GENERAL PROVISIONS A. INDEMNIFICATION. THE ASSIGNOR AND THE CITY OF CORPUS CHRISTI SHALL STAND INDEMNIFIED BY THE ASSIGNEE AS HEREIN PROVIDED. IT IS EXPRESS- LY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THE ASSIGNEE HEREIN IS AND SHALL BE DEEMED TO BE AN INDEPENDENT CONTRACTOR AND OPERATOR RESPONSIBLE TO ALL PARTIES FOR ITS RESPECTIVE ACTS OR OMISSIONS AND FOR L .THOSE OF ITS,AGENTS, SERVANTS, EMPLOYEES, INVITEES, TENANTS AND SUBLESSEES, AND THE ASSIGNOR AND THE CITY OF CORPUS CHRISTI SHALL.IN.NO WAY BE RESPONSIBLE THEREFOR. IT IS FURTHER AGREED THAT IN THE'USE "OF THE AIRPORT AND IN THE MAINTENANCE, ERECTION OR CONSTRUCTION OF ANY IMPROVEMENTS THEREON, AND THE EXERCISE OF ENJOYMENT OF THE PRIVILEGES HEREIN GRANTED, THE ASSIGNEE AGREES TO INDEMNIFY AND SAVE HARMLESS THE ASSIGNOR AND THE CITY OF CORPUS CHRISTI FROM ANY AND ALL LOSSES OR CLAIMS FOR DAMAGES THAT MAY PROXIMATELY RESULT TO THE ASSIGNOR AND/OR THE CITY OF CORPUS CHRISTI FROM ANY NEGLI- GENCE ON THE PART OF THE ASSIGNEE, ASSIGNEES AGENTS, SERVANTS, EMPLOYEES, CONSTRUCTION CONTRACTORS AND INVITEES, AND FOR THOSE OF ITS TENANTS AND SUBLESSEES. THE ASSIGNEE HEREBY AGREES TO CARRY PUBLIC LIABILITY INSURANCE IN THE MINIMUM SUM OF $50,000.00 FOR ONE PERSON AND $100,000.00 FOR ANY ONE ACCIDENT AND IN ADDITION THERETO TO CARRY A MINIMUM OF $50,000.00 INSURANCE FOR PROPERTY DAMAGE LIABILITY. ALL INSURANCE SHALL BE CARRIED IN A RESPONSIBLE COMPANY AND SHALL, IF REQUESTED BY THE CITY, NAME THE CITY OF CORPUS CHRISTI AS AN ASSURED. SUCH POLICY SHALL, IN ADDITION, BE ENDORSED TO PROVIDE FOR CROSS- LIABILITY -t6- BETWEEN THE ASSUREDS. SUCH POLICY SHALL BE IN A FORM SATISFACTORY TO THE CITY OF CORPUS CHRISTI. ALL SAID POLICIES SHALL PROVIDE FOR A MINIMUM O F TEN (10) DAYS NOTICE TO THE CITY OF CORPUS CHRISTI IN EVENT OF CANCELLATION OR MATERIAL CHANGE IN THE TERMS THEREOF. B. NOTICES. NOTICES TO ASSIGNOR AND THE CITY OF CORPUS CHRISTI SHALL BE DEEMED SUFFICIENT IF IN WRITING AND MAILED, POSTAGE PREPAID, ADDRESSED TO CITY MANAGERS P. 0. Box 1622, CORPUS CHRISTI, TEXAS, OR TO SUCH OTHER ADDRESS AS MAY HAVE BEEN DESIGNATED IN WRITING BY THE CITY OF CORPUS CHRISTI FROM TIME TO TIME. NOTICE To ASSIGNEE SHALL BE DEEI4ED SUF- FICIENT IF IN WRITING AND MAILED, POSTAGE PREPAID ADDRESSED TO ASSIGNEE AT PORTLAND, TEXAS. C. TAXES. THE ASSIGNEE AGREES TO PAY ANY AND ALL REAL AND PERSONAL PROPERTY TAXES LEVIED FROM TIME TO TIME UPON THE IMPROVEMENTS PLACED UPON THE DEMISED PREMISES. D. ALL OF THE TERMS, COVENANTS AND AGREEMENTS HEREIN CONTAINED ,SHALL BE BINDING UPON AND SHALL INURE TO THE BENEFIT OF SUCCESSORS AND ASSIGNS OF THE RESPECTIVE PARTIES HERETO. E. DESTRUCTION. IN THE EVENT THAT THE ASSIGNEES IMPROVEMENTS OR THE AIRPORT IS DAMAGED OR DESTROYED BY ACTS OF GOD OR- THROUGH ENEMY ATTACK OR FOR ANY OTHER REASON OUTSIDE THE CONTROL OF ASSIGNEE AND/OR THE CITY OF CORPUS CHRISTI TO SUCH AN EXTENT THAT THE AIRPORT CANNOT BE OPERATED AS AN AIRPORT, THEN THIS AGREEMENT SHALL TERMINATE AND SHALL NO LONGER BE BINDING ON ANY PARTY HERETO. IN THE EVENT THAT THE ASSIGNED PREMISES OR THE ASSIGNEE'S IMPROVEMENTS OR THE OTHER AIRPORT FACILITIES REASONABLE AND NECESSARY FOR ASSIGNEE TO CONDUCT ASSIGNEES BUSINESS ARE PARTIALLY DESTROYED OR DAMAGED DUE TO ACTS OF GOD OR OTHER ACTS OUTSIDE THE CONTROL OF ASSIGNEE AND/OR THE CITY OF CORPUS CHRISTI TO SUCH AN EXTENT THAT THE ASSIGNED PREMISES MAY NOT ECONOMICALLY BE USED FOR THE USES AND PURPOSES FOR WHICH ASSIGNED, THEN THIS AGREEMENT AND ASSIGNMENT SHALL BE SUSPENDED DURING THE PERIOD OF SUCH PARTIAL DAMAGE OR DESTRUCTION AND SHALL NOT BEGIN OR RESUME UNTIL THE DAMAGE HAS BEEN REPAIRED. IT IS EXPRESSLY UNDERSTOOD, HOWEVER, THAT THE CITY OF CORPUS CHRISTI SHALL DETERMINE AND SHALL BE THE SOLE JUDGE OF THE EXTENT OF THE DAMAGE OR DESTRUCTION TO THE AIRPORT AND SHALL HAVE AN OPTION TO EITHER DECLARE THIS LEASE TERMINATED OR SUSPENDED OR TO REPAIR THE AIRPORT FACILITIES OR IN CASE OF DAMAGE OR DESTRUCTION TO ASSIGNEE'S IMPROVEMENTS TO EITHER DECLARE THE LEASE TERMINATED SUSPENDED OR TO REQUIRE ASSIGNEE TO REPAIR HIS IMPROVEMENTS, AND FIX THE TIME WITHIN WHICH SUCH REPAIRS SHALL BE MADE. F. SUBORDINATION. THIS ASSIGNMENT AND AGREEMENT SHALL BE SUBORDINATE TO THE PROVISIONS OF ANY EXISTING,OR FUTURE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES RELATIVE TO THE OPERATION OR MAINTENANCE OF THE AIRPORT, THE EXECUTION OF WHICH HAS BEEN'OR MAY BE REQUIRED AS A CONDITION TO THE EXPENDITURE OF FEDERAL FUNDS FOR THE DEVELOPMENT OF THE AIRPORT. SHOULD THE EFFECT OF SUCH AGREEMENT WITH THE UNITED STATES BE TO TAKE ANY OF THE PREMISES UNDER THIS ASSIGNMENT OUT FROM UNDER THE CONTROL OF THE CITY OF CORPUS CHRISTI OR TO SUBSTANTIALLY DESTROY THE COMMERCIAL I VALUE OF THE ASSIGNED PREMISES, THEN ASSIGNOR MUST PROVIDE ADEQUATE. PREMISES TO ASSIGNEE OR THIS AGREEMENT SHALL TERMINATE AND BE NO LONGER IN FORCE. G. TERMINATION. THIS LEASE SHALL TERMINATE AT THE END OF THE • PERIOD SET FORTH IN ARTICLE VI HEREINABOVE, AND ASSIGNEE SHALL HAVE NO FURTHER RIGHT OR INTEREST IN ANY OF THE ASSIGNED PREMISES OR IN ANY OF THE PRIVILEGES, RIGHTS, USES OR OTHER INTERESTS CONTAINED IN THIS AGREEMENT, AND ASSIGNEE AGREES TO VACATE AND TO REMOVE ALL IMPROVEMENTS AND EQUIP- MENT PLACED THEREON BY ASSIGNEES UNLESS ASSIGNEE AND THE CITY RE- NEGOTIATE SAID ASSIGNMENT AND ENTER INTO A MUTUALLY SATISFACTORY ASSIGNMENT OR LEASE EXTENDING THE TERM HEREOF. ASSIGNEE SHALL HAVE ONE HUNDRED TWENTY (120) DAYS WITHIN WHICH TO REMOVE ASSIGNEES EQUIPMENT AND PTRSONAL PROPERTY, 5 ". AND IN THE EVENT ASSIGNEE FAILS TO DO SO, THE SAME SHALL WORK AS AN ABAN- DONMENT AND TITLE SHALL PASS TO THE CITY OF CORPUS CHRISTI, OR THE CITY OF CORPUS CHRISTI MAY REMOVE SAID IMPROVEMENTS AND ASSIGNEE AGREES TO REIMBURSE THE CITY OF CORPUS CHRISTI FOR ITS EXPENSE. H. CANCELLATION. DEFAULT OF PAYMENT OF ANY OF THE RENTALS ' PROVIDED FOR HEREINABOVE SHALL GIVE ASSIGNOR AND /OR THE CITY OF 'CORPUS CHRISTI THE RIGHT TO TERMINATE THIS AGREEMENT AT ANY TIME •AFTER THIRTY (30) DAYS-NOTICE IN WRITING HAS BEEN GIVEN TO ASSIGNEE UNLESS WITHIN SAID TIME THE ASSIGNEE HAS FULLY COMPLIED WITH THE RENTAL PROVISIONS. DEFAULT OF ANY 'OF THE OTHER AGREEMENTS ON THE PART OF ASSIGNEE ' SHALL LIKEWISE GIVE ASSIGNOR AND/OR THE CITY OF CORPUS CHRISTI THE RIGHT TO TERMINATE THIS AGREEMENT AT ANY TIME AFTER THIRTY (30) DAYS NOTICE IN WRITING HAS BEEN GIVEN ASSIGNEE, UNLESS WITHIN SAID TIME ASSIGNEE HAS FULLY COMPLIED WITH OR CORRECTED THE CONDITIONS PROVIDED HOWEVER, THAT ASSIGNOR AND/OR THE CITY OF CORPUS CHRISTI AGREE TO INCLUDE IN THIS NOTICE A STATEMENT WITH RESPECT TO THE ARTICLE, AGREEMENT OR CONDITION OF WHICH ASSIGNOR AND/OR THE CITY OF CORPUS CHRISTI CLAIM THAT ASSIGNEE IS IN DEFAULT. " ARTICLE XI TRANSFER OF ASSIGNMENT THE WRITEEN AUTHORITY OF THE CITY OF CORPUS CHRISTI SHALL BE OBTAINED BY ASSIGNEE PRIOR TO ANY SALES ASSIGNMENTS TRANSFER OR SUB- ASSIGNMENT OF THIS ASSIGNMENT AND AGREEMENT. IN THE EVENT THAT' ASSIGNEE BORROWS MONEY OR OTHERWISE FINANCES THE IMPROVEMENTS TO BE CONSTRUCTED HEREUNDER, 'AND IN THE EVENT THAT IT BECOMES NECESSARY FOR ANY PERSON, PERSONS, COMPANY OR CORPORATION THAT LOANED OR OTHER- WISE FINANCED OR GUARANTEED PAYMENT OF SAID CONSTRUCTION FINANCING TO TAKE OVER ASSiGNEE'S IMPROVEMENTS BECAUSE OF ASSIGNEES FAILURE OR REFUSAL OR INABILITY TO PAYS SAID PERSONS PERSONS COMPANY OR CORPORATION MAY CONTINUE TO OPERATE THE FIXED BASE AVIATION OPERA- TIONS CONDUCTED BY ASSIGNEE WITH THE SAME PRIVILEGES USES RIGHTS -19- r INTERESTS AND OBLIGATIONS AS HEREIN CONVEYED AND IMPOSED UPON,ASSIGNEE, PROVIDED ALL OBLIGATIONS OF ASSIGNEE ARE MET AND ALL •PAYMENTS OWING BE t PAID UP TO A CURRENT AND NON- DELINQUENT STATUS. EXECUTED IN TRIPLICATE ON THIS —3 DAY OF 71T 1966. APPROVED AO Iv LEGAL FORM ThY S _3 DAY OF yl �/, , 1966: CITY ATTORNEY' _ AABYU' E D I ry / Lcr J ASSIGNEE: CORPUS CHRISTI AVIATION AL KRAKOW CORPUS CHRISTI BANK & TRUST COMPANY, ATTEST: TRUSTEE �• /J BY- �Gt�Yr CASHIER Ethel Goebel, Assistant Cashier ROBERT W. BLOUNT VICE PRESIDENT & TRUST OFFICER ACCEPTED AND APPROVED: CITY OF CORPUS CHRISTI, TEXAS ATTEST: / BY__ �.L�1% HERBERT W. WN I TNE \AGER CITY/SECRETARY,/ APPROVED AO Iv LEGAL FORM ThY S _3 DAY OF yl �/, , 1966: CITY ATTORNEY' _ AABYU' E D I ry / Lcr J W Z U S' R W J W L Q • tY W OI LiQI a x .860 44 i a t, g a r L ease li-ea1, r6 A 780' Cy o't�•' - - - - - -- 15G,��4 630° I a-�r 4a JF_ LO INC DI it '� M '." •,<: .i - N,il. —y -Z� \' _r w, q_. cA_j �{�fi1h D TCtI_�,y^ �_. -. 1 ., _., - • _.1��...r.— �,Ta- r..... ,.��e14..... �i. ^ F .� � � •Vt r .. J, 1, t � ..:gyp. 1 � 1 � • GS:d 3/23/67 ASSIGNMENT OF LEASE ('�zA PPROVED By COUNCIL O ll cny sec�er_n THE STATE OF TEXAS X COLY N'TY OF NUECES X WHEREAS, on the 3rd day of November, 1966, the Corpus Christi Bank and Trust Company, Trustee, as Lessee from the City of Corpus Christi, Texas, and Assignor, assigned to Al Krakow, d /b /a Corpus Christi Aviation, Nueces County, Texas, a Lease Agreement covering a part or portion of certain lands and lease sites designated for commercial hangar and fixed base operations within the site of the new Corpus Christi Municipal Airpor9 (the same.being now known as Corpus Christi International Airpor / /t), Nueces County, Texas. Said Lease Agreement was amended by agree- ment of the parties on January 19;:1967; and, WHEREAS, it is desired by Al Krakow, d/b /a Corpus Christi Aviation, to assign all of his rights, privileges and titles unto Interstate Securities Industrial Company, Inc., and Portland State Bank, of Portland,•Texas, as their interest may appear, and to the Trustee, which they or either or them may designate, in order to secure the payment by the said Al Krakow to them and either of them of certain monies borrowed in order to erect on said lease premises a hangar and other facilities so that said lease premises may be used for the purposes leased: NOW, THEREFORE, in consideration of Ten ($10.00) Dollars cash to him in hand paid by Interstate Securities Industrial Company, Inc. and Portland State Bank, and other good and valuable consideration, the receipt of which is hereby acknowledged, Al Krakow, d/b /a Corpus Christi Aviation, does hereby transfer, sell, convey and assign unto Interstate Securities Industrial Company, Y Inc. and Portland State Bank all his rights, privileges and titles pertinent thereto unto the said.Interstate Securities Industrial Company, Inc. and Portland State Bank, their heirs and assigns. ` This assignment is made to secure the payment of certain indebtedness and upon the payment thereof in full this assignment shall become of no further force and effect. t EXECUTED this day of March, 1967. Al Krakow y The City of Corpus Christi, Texas, hereby authorizes and approves the assignment of said lease by Al Krakow to Interstate Securities Industrial Company, Inc., and Portland State Bank, this day of 1967. CITY OF CORPUS CHRISTI, TEXAS ATTESTS By City Manager �. City Secretary APPROVED AS TO LEGAL FORM THIS day of 1967, City Attorney - r Vs i FIRST AMENDMENT OF ASSIGNI-1ENT OF LEASE � 1 t HANGAR AND FIXED SASE OPERATORS .k *THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, BY AGREEMENT DATED 196f AN ASSIGNMENT OF LEASE WAS MADE BY CORPUS CHRISTI BANK & TRUST COMPANY, TRUST, AS ASSIGNOR, TO AL KRAKOW DOA CORPUS CHRISTI AVIATION, OF THE COUNTY OF SAN PATRICIO, STATE OF TEXAS, AS ASSIGNEE OF SAID LEASE, AND APPROVED BY THE CITY OF CORPUS CHRISTI AS LESSOR, BY THE TERMS OF WHICH AN AREA OF 860, X 200' AT CORPUS CHRISTI INTERMATIONAL AIRPORT WAS LEASED TO SAID ASSIGNEE FOR HANGAR AND FIXED BASE OPERATIONS; AND IdHEREAS, IT IS DESIRED TO AMEND SAID ASSIGNMENT: NOV, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT IT Is AGREED BY THE PARTIES TO THE LEASE ASSIGNMENT THAT SAID ASSIGNMENT IS HEREBY AMENDED AS FOLLOWS: 1. THE AREA LEASED AND DESCRIBED IN ARTICLE II OF SAID ASSIGNMENT OF LEASE IS HEREBY REDUCED BY CUTTING 100 FEET OFFTHE EAST EDGE THEREOF, LEAVING THE AREA BEING LEASED AS 7601 X ZOO', ALL AS SHOWN ON EXHIBIT °A -1", ATTACHED HERETO AND MADE A PART HEREOF, WHICH EXHIBIT °A -1" IS SUBSTITUTED FOR EXHIBIT 2. ARTICLE IX IS HEREBY AMENDED BY AMENDING PARAGRAPH D BY ADDING TO SAID PARAGRAPH D THE FOLLOWING: "THE LESSEE AGREES TO REIMBURSE THE CITY OF CORPUS CHRISTI FOR THE CONSTRUCTION OF THE RAMP DESCRIBED ABOVE AT A•COST OF TWENTY —SIX THOUSAND SIXTY AND 4o/100 DOLLARS (126,060.40). THE FUNDS FOR THIS REIMBURSE- MENT SHALL BE PLACED IN AN ESCROW ACCOUNT UPON SUCH A DATE AS THE CITY MAY REQUIRE, OR NO LATER THAN THE DATE, UPON WHICH CONSTRUCTION SHALL BEGIN." 3. ARTICLE VII 15 HEREBY AMENDED SO AS TO PROVIDE THAT THE RENTAL OF ONE CENT t1(,) PER SQUARE FOOT GROUND RENTAL SHALL COHMENCE 90 DAYS FOLLOWING THE DATE OF THE EXECUTION OF THIS AMENDMENT. It. EXCEPT AS HEREIN PROVIDED, ALL THE TERMS OF SAID ASSIGNMENT OF LEASE ARE HERCOY CONTINUED IN FULL FORCE AND EFFECT. i EXECUTED IN TRIPLICATE ON THIS THE DAY of JANUARY, 1967- ' ASSIGNEE: CORPUS CHRISTI AVIATION By rN I AL KRAKOW ASSIGNOR: CORPUS CHRISTI BANK & TRUST ATTEST: COMPANY, TRUSTEE C'A SH I E R ROGER T. OIVELL, TRUST OFFICER Ethel Goebel, Assistant Cashier ACCEPTED AND APPROVED: CITY OF CORPUS CHRISTI, TEXAS ATTEST/ CI CRETAP,� HERBERT 1.1. WHITNEY / CITY MANAGER APPROVED AS TO LEGAL FORM IS �Z DAY OF JANUARY, 1967: CITY ATTORNEY 760' 250' ' s i Isp • '^ NANGA/2 LEASE .4/2EA N , I 150, I • jl � I -.PIT I 1. 126: 11 _247.8-7' 150'1; , Ls Ir - .. .: .. .:F,{:u_.:'cK�y; t � � w ._ `{ � 1 L�pi':- C4�C }I= •ti.._/_.,`._ 1 - � j' TO'l15:,• I '[U�F'Yi:.; t 7 ._- �i� _ �:r;:v � f ° � .. �,f ,1' ' I �� its•_ , - 1 � _ •�ll.i. yl I _ .f tj' f—'t� ir1 t 1 ti02 �[ I' x• ' � � •• '•{ � [`. OED(( l !+'F�4� -- f1E L1 i��AP ��ll+,x� ' f ASSIGNMENT OF LEASE THE STATE OF TEXAS X COUNTY Oz- NUECES X ; WHEREAS, on the 3rd day of November, 1966, the Corpus Christi Bank and Trust Company, Trustee, as Lessee from the City ,'of Corpus Christi, Texas, and Assignor, assigned to Al Krakow, ,d /b /a Corpus Christi Aviation, Nueces County, Texas, a Lease „Agreement covering a part or portion of certain lands and lease sites designated for commercial hangar and fixed base operations 'within the site of the new Corpus Christi Municipal Airport (the same being now known as Corpus Christi International Airport), Nueces County, Texas. Said Lease Agreement was amended by agree- ment of the parties on January 18; 1967; and, WHEREAS, it is desired by Al Krakow, d/b /a Corpus Christi Aviation, to assign all of his rights, privileges and .titles unto Interstate Securities Industrial Company, Inc., and ;Portland State Bank, of Portland, Texas, as their interest may appear, and to the Trustee, which they or either or them may 'designate, in order to secure the payment by.the said -Al Krakow to them and either of them of certain monies borrowed in order to erect on said lease premises a hangar and other facilities so that said lease premises may be used for the purposes leased: , NOW, THEREFORE, in consideration of Ten ($10.00) Dollars cash to him in hand paid by Interstate Securities Industrial Company, Inc. and Portland State Bank, and other good and valuable consideration, the receipt of which is hereby acknowledged, Al Krakow, dA /a Corpus Christi Aviation, does hereby transfer, sell, i • �i i convey and assign unto Interstate Securities Industrial Company, t Inc. and Portland State Bank all his rights, privileges and titles ;pertinent thereto unto the said Interstate Securities Industrial y Company, Inc. and Portland State Bank, their heirs and assigns. This assignment is made to secure the payment of certain indebtedness and upon the payment thereof in full this assignment :shall become of no further force and effect. EXECUTED this °2 / day of March, 1967.. XZ - Al Krakow The City of Corpus Christi, Texas, hereby authorizes and .approves the assignment of said lease by Al Krakow to Interstate 'Securities Industrial Company, Inc. and Portland State Bank, this day of 1967. 7� CITY OF CORPUS CHRISTI, TEXAS By City Man ATTEST: - I i Ci y Greta- y APPROVED AS TO LEGAL FORT THIS ?� day of 1967, City— Attorn ASSICI IENT OF LEASE z THE STATE OF TEXAS COUNTY OF NuECES W11EREAS, on the 3rd day. of November, 1966, the Corpus Christi Bank and Trust Company, Trustee, as Lessee from the City of Corpus Christi, Texas,. and Assignor, assigned to Al Krakow, doing business as Corpus Christi Aviation, Nueces County, Texas, a Lease Agreement covering a part of portion of certain lands and lease sites designated for commercial hangar and fixed base operations within the site of the new Corpus Christi Municipal Airport (the same being now known as Corpus Christi International Airport), Nueces County, Texas. Said Lease Agreement was amended by agreement of the parties on January 18, 1967; and, WHEREAS, it is desired by Al Krakow, doing business as Corpus Christi Aviation, to assign all of his rights, privileges and titles unto STONEWALL BANK as their interest may appear, and to the Trustee, which they or either of them may designate, in-order to secure the payment by the said Al Krakow to them and either pf them of certain monies borrowed in order to erect on said lease premises a hangar and other facilities so that said lease premises may be used for the purposes leased: - NOW, THEREFORE, in consideration of Ten and No /100 Dollars ($10.00) cash to him in hand paid by STONEWALL BANK, and other good and valuable considera- tion, the receipt of which is hereby acknowledged, Al Krakow doing business as Corpus Christi Aviation, does hereby transfer, sell, convey and assign unto STONEWALL BANK all his rights, privileges and titles pertinent thereto unto the said STONEWALL BANK, its successors and assigns. This assignment is made to secure the payment of certain indebtedness and upon the payment thereof in full this assignment shall become of no further force and effect. EXECUTED this 14th day of August, 1972. Al Krakow The City of Corpus Christi, Texas, by authorizing and approving this assignment hereafter, makes no representation that there are no outstanding aasigumonts of the aforementioned lease. ' 4. + I T11*t city of Corpus Christi, Texas, hereby+autAorizes,and approves the assignment of said lease by Al Krakow'to Stonewall Bank, this 14th day of August, 1972. CITY OF CORPUS CHRISTI, TEXAS By: City Manager ATTEST: M. Cit-Y Secretary/ APPROVED AS TO LEGAL FORM THIS day of August, 1972. &ty A/Vtorti& t sq 2 r, x �= That °the foregoing ordinance was read for the first time and passed to its 1econd reading on this the 6_ today of_�4 19-13 2, by the following vote: 0 s. 't'14 a{ �Op gr �' JT soniLubY ' . # James T. Acuff` d A � yh x ; Rev. Harold T. Branch Thomas V. Gonzales r x' Ricardo Gonzalez Gabe Lozano, Sr.fl� J. Howard Stark That the foregoing ordinance was read for the second time and passed to its third reading on this the-Zf)-d- day of , 19-.:7 by the following vote: Jason Luby ,James T. Acuff ' Rev. Harold T. Branch v-C�- as -✓w�7! Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinan ce was read for the third time and passed finally on this the aa- of 19 ) 3 , by the following vote: Jason Luby v James T. Acuff CLsyc� Rev. Harold T. Branch U Thomas V. Gonzales Ricardo Gonzales LLc�t U Gabe Lozano, Sr. J. Howard Stark Q n PASSED AND APPROVED, this the 11-t4 day of �Yt 19 ATTEST: Q City Secretary(/-/ /l APPROVED: DAY OF J �(nna , 197i; awl 1 Get City Attorney ✓ y t •xt MA THE CITY OF CORPUS CHRISTI, TEXAS Y � � June 8, 1973 Mr. Richard D. Hardin, Classified Advertising Manager Corpus Christi Caller -Times P. O. Box 9136 Corpus Christi, Texas 78408 Door Mr. Hardin: Herewith is a copy of an ordinance approving an Amendment of Assign- meat Agreement to Gary R. Levitz which 1 will appreciate your publishing on June 11, June ,W,- and July.6. Following the second and third readings for the latter two publications,' we will call your office to insert the vote. Yours very truly, T. Ray Kring City Secretary ' TRK /dz Enclosure PUBLISHER'S AFFIDAVIT -STATE OF TEXAS, County of Nueces: Before me, the undersigned, a Notary Public, this day personally came ... .............................. .......... Loii�! Viq .................................. who being first duly sworn, according to law, says that he is the . ............................... .......... Qla:.92. Ov . ..... 3iipLer..v.izcv .............. of the Corpus Christi Caller and The Corpus Christi Times, • Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of -,-,.bg.tj3gf_en ... C.0 Bank..& Tr.ust...axid Aa .. Krakok—"-- of which the annexed is a true copy, was published in twice .............. ice the following month, namely ***July on the ... latbday of. ....... J.Uae ......................19:]3.., and qmGtXWA .......................... AM1rffRfWMf= ........................... .......... ................ ................... I ....... .............. 3 ............... Times. s .... 6-4.0u) .................. Lou se Vick, --------------- .. .. Class. Subscribed and sworn to before me this day of .L .................. ................... .. . td Woodrow Glenn Rotary Public, Nueces County, Texas Oq DINANCE N0 f1SSIGMES5 RIZING AND DIRECT]1�NG 1`dfTEE: I�TY MANAGER TO ACCEpT AGREEMENT 1 THESTATEOFTAS CORPUS CHRISTI AVIATION `rP,ROYE AN_AMENOMENT SIGNMENT AG RE EM ENi COVNTYOFNUECES WHEREAS, Dr Ordinance No. d771. ey Al FTAAN EN 7ME CORPUS CHRISTI C.M passed aM approved Dv the Cdy ATTEST: EENAND ALS KRAKOW pBA City atop oved an AsslgnrpMl�ei h`tdp ASSIGNOR: CORPUSCHRIST;•BANKETRUST S tHRi571 gVIAT10N, AND <ovenng a <ammenr nd COMPANY,TRUSTEE WALL NATIONAL BANK, ET GARY /.xed Dip aviation lease pi l e R.IEVITZ,COVERIMG MERCIAL HANGAR AND CorpN'Chrlsli International Alrpert M— the Cor Christi Br BASE AVIATION LEASE 1 Bank and Trust Company, iruTlM, ;nd AI — Garr R. L<VIIY, PLOT ON CORPUS CHRISTI INTERNATIONAL Krakow dba Corpus Christi Av7all.; ACCEPTED AND APPROVED: AND a SITE, A S SHOWN AND MORE 1 and . WII,REAS. Dr Ordinance No. CITYOF CORPUS CHRIST.' I PARTICULARLY DESCRIBED IN a"" passed and on to... try the Gtr ATTEST: THE AMENDMENT 0 F ASSIGNMENT AGREEMENT. f Council tin January 'tt, 1961, an amendment to the C.Iy Secretary t A COPY OF WHICH IS'7TACHEO HERETO AND M T/{ l aforesaid_ Jvsivnlnent of Lease was authorlZed; and APPROVED: - -0AYOFJUN(. 1977: HER EOF, MAR KED E %HI BIT "AA" pT WHEREAS, py OrdinanCO WHEREAS, tram time to lime, the Asspnee, CHYAtterneY 1 Ne. d7J1, paused and asomyed bv)Mx CITY I Correll M November T. 19N, the AI Krakow dba Corpus CMlsti Aviatlan, uetad evinprily a"d aonoval 1 the rsty Ceunnl That IN forepoll, ordinance was ad for led first l.mP aedpasWIDIIs seep^. resO,M m thi the /IA day al City f Approved an bsrorotnl Gael Lease nhers" to mgcerfain Lease rights, pnvlleoet J.,973, bylhetollewingnLi: -IN A CemmM3[11 aM ' fixed base and titles 10 ethers. Me latest such Myest ndvinp JdH,l LUbr aye . a aviation INSe plgk at the Corpus Christi International Airport Deen granted bylM Gty Council o A,,.Il 77. 1971, for James 7,ACUN lye J1MAks mid T. Branch aYe ht3veM. iM Corpus CAnslr Bank and assignment to Stonewall National TmRe V. Gonzales aye Trust 4ompanr, Trustee, arp At K aktrw tlba Corpus Christi Ayl+llon; Bank. WHEREAS, redurst has been made RlcNrm Genxales are Wbe LOxale.Sr. save and WHEREAS, by Ordinance No. AllT, of Ih C tr Council tb approve transfer d the base of said At Krakow aba J Howard Stark a TNt ins forwoinv oreklenca 3 paused and dgnaved by IM City tWACH on Januaryy - CAr+ui Christi AvNDon to Gary R. Lewltol0anas. reed for Mc secoM time and pupd b 1/, 1961, an ndmen! to llr', aforesaid Assivnmehl or LNS! Texas: cnd WHEREAS, Me Gtv f Corpus Cheistl If W41tsle Iransfar Its iMid reading on Mli the 70 dory of JVne, 1971. by the lollvNmp Yglej Wd3 ..-'-laid and to !M of Me NOresaidle"I'D ary R. Levitt: Jason yby aye James T. Aeuff dye WHEREAS, from time to time NR NOW THEREFORE, fhe }Wtewino Rey. Hard it T.'BranN y aye Assignee, AI Krakow sit Corpus [Mliti Arlgtion, raitse"od'autAerpy aartemenl IS hereby entered fntq by a,.d between led parties hereto: T1.1 tamales s aye and approval of IAe Citr Cvuncll N All title and vrivlleves RlcarmGannles aye Zaps Lotab, $r. aye asspn the Leap rioMS,- wlWleges aM tlllH to the Me [Waal xe hratalore orantad to At Krakow qDa CorWSCMI3tIAwallon feroperali0nb J, ryowarq�tark Wdra Such reeue3t Aavifq bean vr+nied er the Gtv a Commerbal nanvar and Iixed pep mat the prevomv Ordencpa 3 er the Inns time tl. Net,., for asslvnmart to Stonewall National Bank,enA- 1t71,1977, avlationlease olote11r.C9pus Chr.3h IMerealional Atrporl be and Me same ad finalfyentnis lneltin day ,no JUlY.191v. end WHEREAS, reeves) has bean msw H hereby ved Dr the Crty et for brllelellownq von Jason L., M the City Covpcll 10 aPpreve trans /er b Me I-Asa p1 sold At Krakow dDa Cor., Urlstl iran3ler 10 Gary R. L Az of OallaT. Texas, a,y the terms James T.ACYH _ Rey, Ham10 T. Branch aye Corpus ChVHb Avlatlon to Gary R. Lm6U M <ond.in.. 0 the aSp"mentS NW Thom rs V. Gentalbs are f Ddlla3,Ttxes, and WHEREAS, .the Clly of terauf Gri$ li lease heretofore granted to AI Krakow m+ C(orpus Christi Avial.on sAdll be Ricardo GentaIts Ave Gabel.c. -sr. �x ova` is agreeable }o the transfer of tie at esa.it lease to Garr R. Levllx; and hmaln in 1.111 farce and elfbct. Codes yf led Leap Alp ASSivnments J Howard Sleek aYe PASSED AND APPROVED, this the , NOW, TN ER EFOR E, BE IT ORDAINED arc iH ailed Mrelo as E hi" ^A" it thdayol JuIv.i973. BY THE CITY COUNCI L OF THE CITY OF CORPUS CHRISTI. MreuWf "E'1e 11 —tinedI —Scan. Executed Mk the �• day el June, ATTEST T RAY KRING TEXAS: 19TJ. SECTION 1. That Md GIY Manasrr ...AtrEST: 1R antl M.sherebv 01v Secretary JASON LUBY MAYOR authonted le accept d ape rove an Amendment I THE CITY OF CORPUS CHRISTI. Assgnmml Avretmelft Mtwetn Me TEXAS Corpus CMleti Bank an➢ Trust Comwm, ^ _ App/oved Trustee, alM AI Krakow eba Corpus Christ. Awatlon, and Stonewall _--tidy OF —,tor- tY Attorney F_ National Bank, el al, to Gary R. Levitt «"hh ASSISI, corcrum a commercial hall fixed Dap avptiM leap plot I'rpm a! IM Corecus Gr"t. inlernit h I las are"and more pall(cula IY descNbed A tae AmeMmanl al ISSlenment Apreemenl, a cagy ei worth Is attached ' ' lereb a.k made a pert hereof, marked �AA,. Y