HomeMy WebLinkAbout12249 ORD - 09/04/1974JRR:VMR:8 -6 -74;
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT
AND APPROVE AN AMENDMENT OF ASSIGNMENT AGREEMENT
BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY,
TRUSTEE, AND GARY R. LEVITZ, TO HELICOPTERS, INC.,
AND HERMAN BARNETT, INDIVIDUALLY, AND DBA TROPICAIR
COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION
LEASE PLOY ON CORPUS CHRISTI INTERNATIONAL AIRPORT
SITE, AS SHOWN AND MORE PARTICULARLY DESCRIBED IN
THE AMENDMENT OF ASSIGNMENT AGREEMENT, COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A".
WHEREAS, BY ORDINANCE N0. 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 AUTHORITY AND APPROVAL OF THE CITY
COUNCIL TO ASSIGN THE LEASE RIGHTS, PRIVILEGES AND TITLES TO OTHERS, HAS
BEEN REQUESTED, THE LATEST SUCH REQUEST HAVING BEEN GRANTED BY THE CITY
COUNCIL, FOR ASSIGNMENT TO GARY LEVITZ ON JULY 12, 1963; AND
WHEREAS, REQUEST HAS BEEN MADE OF THE CITY COUNCIL TO APPROVE
TRANSFER OF THE LEASE OF GARY R. LEVITZ OF DALLAS, TEXAS TO HELICOPTERS,
INC., AND HERMAN BARNETT, INDIVIDUALLY, AND DBA TROPICAIR; AND
WHEREAS, THE CITY OF CORPUS CHRISTI IS AGREEABLE TO THE TRANSFER
OF THE AFORESAID LEASE TO SAID HELICOPTERS, INC., AND HERMAN BARNETT,
INDIVIDUALLY, AND DBA TROPICAIR.
NOW, THEREFORE, 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 GARY R. LEVITZ TO
HELICOPTERS, INC., AND HERMAN BARNETT, INDIVIDUALLY, AND DBA TROPICAIR
COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT AT THE
CORPUS CHRISTI INTERNATIONAL AIRPORT, AS SHOWN AND MORE PARTICULARLY
DESCRIBED IN THE AMENDMENT OF ASSIGNMENT AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF,
tPyyMAR'yKED EXHIBIT "Al'.
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J' 249
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AMENDMENT OF ASSIGNMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
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 of 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 had 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 was agreeable to the transfer
of the aforesaid lease to Gary R. Levitz; and
WHEREAS, request has been made of the City Council to approve
Helicopters, Inc., Individually and
transfer of the lease of said Gary R. Levitz to /Herman Barnett, /dba
Tropicair, of Corpus Christi, Texas; and
WHEREAS, the City of Corpus Christi is agreeable to the transfer
Helicopters, Inc., Individually and
of the aforesaid lease to /Herman.Barnett, /dba Tropicair:
NOW,THEREFORE, the following agreement is hereby entered into
by and between the parties hereto:
All right, title and privileges heretofore granted to Gary R.
Levitz for operation of a commercial hangar and fixed base aviation
lease plot at the Corpus Christi International Airport be and the
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same is hereby approved by the City of Corpus Christi for transfer
Helicopters, Inc., Individually and
to/ Herman Barnett,/ dba Tropicair, Corpus Christi, Texas, and the
terms and conditions of the assignments and lease heretofore granted
to Gary R. Levitz shall be and remain in full force and effect.
Copies of the Lease and Assignments are attached hereto as Exhibits
"A" through "F" for all pertinent purposes.
Executed this the _IL day of X —, 1974
ASSIGNOR:
GARY R. LEVITZ, dba Tropicair
gGary Lev
ACCEPTED AND APPROVED:
ATTEST: CITY OF CORPUS CHRISTI
City Secretary R.Marvin Townsend
City Manager
APPROVED:
DAY OF , 1974:
City Attorney
ASS I G,. CNT OF LEA
HANGAR A, %D FIXED BASE OPERATORS
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT MADE BY AND BE741EEN THE CORPUS CHRISTI SANK &
TRUST COMPANY, TRUS7EE,.HEREINAFTER REFERRED 70 AS ASSIGNOR, AND AL
KRAKOW, D /D /A CORPUS CHRISTI AVIATION, OF THE COUNTY OF SAN PATRICIO,
STATE OF TEXAS, HEREINAFTER REFERRED TO AS ASSIGNEE,
IJ I1NESSE1 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 COIdMERC1AL 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 THE CORPUS CHRISTI
t
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 PUBLICS AND
WHEREAS, ASSIGNEE PROPOSES TO ENGAGE IN COMMERCIAL HANGER AND
FIXED BASE AVIATION OPERATIONS, AS HER£INAFT ER DEFINED, AT THE NEW CORPUS
CHRISTI MiUNICIPAL AIRPORT; AND
WHEREAS, ASSIGNOR DEE14S IT ADVANTAGEOUS TO ASSIGN UNTO
ASSIGNEE A SITE ON THE NEW MUNICIPAL AIRPORT, AS SHOWN AND DESCRIBED
ON EXHI IT "A", WHICH IS ATTACHED HERETO AND MADE A PART HERCOF, AS MORE
PARTICULARLY DESCRIBED HEREINAFTER, TO:ETHER WITH THOSE PRIVILEGES,
RIG4TS, USES AND INTERCSTS INCiDENY 7HERiTO, AS HEREINAFTER SET
OUTD AND
W EREAS, ASSIGNEE DCSIR83 TO OBTAIN AND AVAIL ITSELF OF
SAID ANZA, AS KT- RtINAFTER DESCRIBED, AND OF THOSE PRIVILEGES, RIGHTS,
US-75 AND iNTr:ES,S INICI.ENT THERETO, AS HEREINAFTER SET OUT:
X 1, TFEREFORE, IN CONSIDERATION OF THE PREHISES AND FOR
AND IN CSNS.DERATIOW OF THE CHARGES, FEES, RENTALS, COVENANTS AND
AGRZEI4E%T$ CONTAINED 14CREI11 THE PARTIES HERETO DO HEREBY AGREE AS
FOLLOWS:
ARTICLE 7
RIC-4T TO ASS 1GV
THE CITY OF CORPUS CuRISTI, A MUNICIPAL CORPORATION,
SITUATED IN NU.E CES COUNTY, TEXAS', THE SPONSOR AND OWNER OF THE NEW
CORPUS CHRIS -1 N:NICIPAL AIRPORT, DOES BY THE ACCEPTANCE OF THIS
ASSIGNMENT AND AGREEMENT, AGREE TO 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
Aas I ONOR A%o Ana I4NCC Oft 79A7 ,Ass 1 CnNOR, CORPUS' C" I g i 1 iiANlt �e i pU7S
COMPANY, DID NOT HAVE LEGAL AUTHORITY TO ENTER INTO THIS ASSIGNNc:iT,
THEN THE CITY AGREES TO TAKE WHATEVER REASONABLY NECESSARY STEPS MAY
BE REQUIRED TO PROVIDE ASSIGNEE WITH A GOOD AND VALID ASSIGNMENT OR
LEASE OF THE SPACE HEREINAFTER DESCRIBED- IT IS UNDERSTOOD R•ST00� 6Y AND
BETWEEN THE PARTIES HERETO THAT THIS ASSIGNMENT AND AGRE%MZXT MUST
BE ACCEPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
' CHRISTI, ACTING BY AND THROUGH ITS CITY MANAGER, IN WRITISG-NOTED
}SIREIN, BE'ORE THE CITY IS BOUND BY ANY OF THE TERMS OR CONDITIONS
SET FORTH HEREIN.
ART!CLE it
DESCRIPTION OP ASS!�''ED SPACE
ASSIGNOR +D6TS NERE3Y ASSIGN UNTO ASSIGNEE, SUBJECT TO ALL
OF TH° TtRy-3, CCiNDSTIONS AND COVENA ":TS OF Tr IS AGRC :Z,, AND THE
�..•ti.:C •'Ci6T �C -4�g_N :,,_ CITY GF COtir^I.S CHnIS71 AN'J ASSIGI�:R AS IiERE1N-
AN ARLA DESIGNATED FOZ COU9�.:nCIAL ti:.NGxS AND FIXED
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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 INTENTS AND PURPOSES A;. IF COPIED VERBATIM HEREIN SAID AREA HEREBY
LEASED BEING A TRACT OF LAND EXTENDING 860 FEET EAST AND WEST AND ZOO FEET
NORTH AND SOUTH AND COMPRISING 172,006 SQUARE FEET, OR APPROXIMATELY 3.9
ACRES.
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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
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.
B. DEFINITION. HANGAR AND FIXED BASE OPERATIONS ARE
HEREBY DEFINEO 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,IAERIAL PHOTOG-
RAPHY AND MAPPING; THE OPERATION OF SCHOOLS OF FLYING, NAVIGATION, _
MECHANICS, AERIAL SURVEY, AERIAL PHOTOGRAPHY, AERIAL DESIGNING, AERIAL
CONSTRUCTION; AERONAUTICAL AND ALLIED RESEARCH; THE OPERATION OF THE'
BUSINESS OF NON- SCHEDULED TRANSPORTATION OFIPASSENGERS; 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
NAVIGATION. THIS DEFINITION SHALL ALSO INCLUDE THE GENERAL AND SPECIAL
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 y
ADDITION TO THE ABOVE OEaCRIBEO A£SfGNED SPACE, -THE"ASSIGNEE HEREIN
SHALL HAVE THE RIGHT TO USE THE PUBLIC AREAS AND PUBLIC AIRPORT
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FACILITIES INCLUDING THE RUNWAYS, TAXIWAYS, APRONS, RAMPS AND NAVI-
GATIONAL AIDS AND FACILITIES IN COMMON WITH OTHERS SO AUTHORIZED.
IT 15 MUTUALLY AGREEO, 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 RULES, 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:
j. 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 15 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 HEREIN SHALL HAVE THE RIGHT TO
SELL AIRCRI -FT 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 FUELS, LUBRICANTS AND PROPELLENTS
WITHIN ANY PRIVATE HANGAR AREA (PRIVATE MEANS PRIVATELY OWNED HANGARS
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FOR THE STORAGE OF THE OWNERS OWN AIRCRAFT AND DOES NOT MEAN COMMERCIAL
HANGARS] WHETHER PRIVATELY OWNED OR NOT, IN WHICH COMMERCIAL FIXED BASE
AVIATION OPERATIONS ARE CONDUCTED) LOCATED ON THE AIRPORT-
2. ASSIGNEE HEREIN SHALL HAVE ThE RIGHT TO STORE AIRCRAFT
FUELS LUBRICANTS AND PROPELLENTS ON THE ASSIGNED PREMISES SUBJECT
TO THE TERMS AND CONDITIONS AS HEFEINAFTER SET FORTH.
3. THE ASSIGNEE HEREIN SHALL HAVE THE RIGHT TO MAINTAIN
AND OPERATE 'MOBILE EQUIPMENT WHEN REASONABLE AND NECESSARY TO FILL
AND DISPENSE AIRCRAFT FUELS, LUBRICANTS AND PROPELLENTS ON THE
ASSIGNED PREMISES AND WITHIN THE AREA AS ABGVE MENTIONED WITH RIGHT ,
OF ACCESS TO THE COMMERCIAL RAMP AND CONNECTING TAXIWAYS.
4. 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
ITEMS NORMALLY SOLD AND DISPENSED BY COMMERCIAL FIXED BASED HANGAR
'
OPERATORS -
6. ASSIGNEE HE 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
SriOPS ON THE ASSIGNED PREMISES AT ASSIGNEE'S DISCRETICN, AND ASSIGNEE
SHALL HAVE THE RIGHT .TO PLACE AND ERECT SIGNS AND OTHER ADVERTISING
MATERIAL ON THE OUTSIDE OF ASSIGNEES BUILDINGS, Si'.OPS AND OFFICES
PROVIDED THAT THE SIZE AND SHAPE OF 3'JC SiGNS.SHALL CONFORM TO THE
GENERAL APPEARANCE OF THE AIRPORT AND THE BUILDINGS LOCATED THEREON-
SYSJECT TO THE APPROVAL OF THE AiRYORT MANAGER AS iO THE COI!P�IANCE OF
ANY SUCH SIGNS WITH THE RESTRICTIONS HEREOF. THE ASSIGNEE SHALL AL,O
HAVE THE RIGHT TO PLACE AND ERECT SIGNS AND ADVERTISING MATERIAL AT OTHER
LOCATIONS O.. THE AIRPORTS PROVIDED THAT WRITTEN PERMISSION 15 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 1S
UNDERSTOOD HOWEVER, THAT ASSIGNEE MAY
PROVIDE GROUND TRANSPORTATION FOR ITS '
EMPLOYEES AND AVIATION CUSTOMERS AS A
SERVICE EXCEPT THAT SAID SERVICE MAY NOT
BE OFFERED TO THE GENERAL PUBLIC ON A
COMMERCIAL BASIS.
Z. 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 COMMUNICA'rIONS SYSTEM AND WEATHER SYSTEM
OR FOR ANY OTHER PURPOSE SO LONG AS ASSIGNEE
DOES NOT ENGAGE COMMERCIALLY IN THE TAKING OR
SENDING OF TELEGRAMS, MONEY ORDERS ETC.
3. AUTOMOBILE RENTAL SERVICE.
4. NEWS AND SUNDRY SALES EXCEPT FOR THOSE AVIATION
RELATED ITEMS AS MENTIONED HER£INABOVE.
5. ADVERTISING CONCESSIONS EXCEPT THOSE THAT MAY
BE CONDUCTED WITHIN ASSIGNEE'S HANGARS, OFFICES
AND SHOPS.
6. BARBERS 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.
S. THE SALE OF FLIGHT AND /OR TRIP INSURANCE,
9. COMMERCIALLY ENGAGING IN TKE BUSINESS OF MAKING
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 HANGARS .
INCLUDING OFFICEAsN7D SHOPS SHALL CONTAIN A MINIMUM OF SIXTEEN THOUSAND
EIGHT HUNDRED (16,t30O) SQUARE FEET OF FLOOR SPACE WITHIN THE OUTER WALLS
THEREOF. IT IS AGREED THAT ASSIGNEE SHALL NOT BE LIMITED TO THE CON-
_ STRUCTIOP 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 ANDS IN THE
EVENT OF ASSIGNEES FAILURE OR REFUSAL TO BEGIN SUCH CONSTRUCTION, THEY
THIS ASSIGNMENT AND AGREEMENT SHALL EXPIRE AND SHALL BE OF NO FURTHER
FORCE NOR EFFECTS 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 15 NOT
CONSTRUCTED OR UNDER CONSTRUCTION WITHIN TWELVE (12) MONTHS FROM THE
DATE OF THE EXECUTION OF THIS AGREEMENTS 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 "An
ON THE ATTACHED EXH1131T "Auk BY ASSIGNEE SHALL DE SUFFICIENT TO
HOLD AREA "An AND TO ENJOY ALL OF THE AFOVEMENTIONED RIGHTS USES' y
PRIVILEGES AND INTERESTS INCIDENT THERETO.
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ASSIGNcc FURTHER AGREES, PRIOR TO THE CGNS7P,UC7ION OF ANY
HANGAR OR I%'PROVZMZNT ON THE ASSIGNED PREMISES, TO SUBMIT PLANS AND
SPECIFICATIONS TO THE CITY FOR APPROVAL. THE CITY AGREES TO
1H,ti= DIATELY 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 TO RENDER 1TS.DECISION WITHIN A
REASONABLE TI-MZ AFTER RECEIPT OF SAID PLANS, AND THE CITY SPECIFICALLY
AGREES NOT TO DISAPPROVE OF SAID PLANS UNLESS SAID DISAPPROVAL IS
FCR SO'AZ REASONABLE REASON. li"EVERy THE APPROVAL OF SUCH PLANS
SHALL NOT BE CO %SID «ED AS AN AGGPT104 7HESZOF NOR IMPOSE ANY RE-
SPONSIBILITY OR LIABILITY ON THE CITY BY REASON THEREOF.
ARTICLE V
ACCEPWNCE OF i^ EM1ScS
ASSIGNEE ACKNOWLEDGES THAT THE PREMISES HAVE BEEN
INSPECTZO AND DOES HEREBY AGREE TO AND DOES ACCEPT THE ASSIGNED
PREMISES IN ITS PRESENT PHYSICAL CONDITIONS AND AT THE EXISTING
GROUND LEVEL;.ANO ASSIGNEE FURTHER AGREES TO PAY THE TOTAL COST OF
OEVELOPIWO SAID PROPERTY.
ARTICLE VI
TERM
THE TERM OF THIS ASSIGNMENT AND AGREEMENT SMALL BE AS
FOLLOWS:; COMMENCING ON THE DATE OF THE EXECUTION HERE07 AND
TERMINATING ON THE 13TH DAY OF JULY, 19900 PROVIDED, HOWEVER,
ASSIGNEE HAS NOT DEFAULTED IN ANY OF THE TERMS; CONDITIONS AND
PROVI'SID \S HEREOF. ^
ARTICLE VII
RENT
ASSIGNEE AGREES TO PAY 7HE CITY AS RENTAL FOR THE USE
AND OCCUPANCY OF 7XE ASSIGNED PREMISES AND FOR THE PRI VILEGESy
RIGHTS USES AND INTERZSTS AS ABOVE SET FORTH RENTAL ACCORDING TO
THE FGCLOWiwa SGBZ=LES:
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I. 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 DE FOR A MINIMUM OF 16,500 SQUARE FEET.
2. ONE CENT (1¢) PER SQUARE FOOT PER YEAR FOR THE AREA WITHIN
THE ASSIGNED PREMISES NOT COVERED BY HANGARS SHOPS OFFICES AND /OR OTHER
BUI L�INGS ._
3. THIRTY -THREE AND ONE -THIRD (33 1/30 PERCENT OF THE GROSS
INCOME FROM PARKING ANO /OR TIEDOWN FACILITIES LOCATED ON ANY RAMP THAT MAY
BE CONSTRUCTED IN THE RAMP AREAS 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.ASSIGNEE*S 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 CHARGE, OTHER THAN
THE AFOREN NTIONED 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 STORA .G£ 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 .,
.n.
5 Elm
BASIS FOR DETERMINING TIIE RENT HEREUNDER. THE PERMISSION TO INSTALL ANY
TANK OFF THE ASSIGNCD PREMISES AS WELL AS THE'LOCATION OF SUCH FUEL
STORAGE SITE OFF ASSIGNEES PREMISES SHALL BE SUBJECT TO THE CITY'S OPTIO14
TO GIVE SUCH AGREEMENT AND APPROVAL.
6. AT THE END OF EACH THREE YEAR PERIOD AFTER THE EXECUTION OF
THIS AGREEMENT, 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 C0.7PUTED BY MULTIPLYING SUCH RATE AND FEE BY A FRACTION, 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 (B) OF ALL COMMODITY
WHOLESALE PRICES, AND THE NUMERATOR OF WHICH SHALL BE THE ARITHMETICAL
AVERAGE OF SAID INDICES (A) AND (e) FOR THE LAST AVAILABLE TWELVE (12) ,
14ONTKLY INDICES IM14EDIATELY 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 t2.70 AND THE COMMODITY WHOLESALE PRICE INDEX Is
w6.8 PROVIDED, HOWEVER, THAT SAID FORMULA MUST RESULT IN A
CHANGE OF AT LEAST 1/4% 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 1� PER
SQUARE: FOOT GROU14D RENTAL, COMMENCE 90 DAYS FOLLOWING THE DATE OF 1E�XECUTION
OF •i HIS ASSIGNMENT. THE: ADDITIONAL 2 -1/40 (MAKING A TOTAL OF 3-1/40) PER
SQUARE FOOT FOR AREA OCCUPIED BY BUILDINGS, SHALL COMMENCE WHEN THE ASSIGNEE
mm
HAS SUBSTANTIALLY COMPLETED THE PLANNED INITIAL HANGARS OFFICE AND
SHOP IMPROVEMENTS OR WHEN ASSIGNEE BEGINS DOING BUSINESS WHICHEVER
FIRST OCCURS. IN ORDER TO DETERMINE AND COMPUTE THE GROUND RENTALS
IMPROVEMENTS CONSTRUCTED UPON THE ASSIGNED PREMISES OR C01414ENCEMENT
OF BUSINESS (WHICHEVER OCCURS FIRST) SHALL INCREASE THE GROUND RENTAL
FROM 10 PER SQUARE F00T PER YEAR TO 3 -1/110 PER SQUARE FOOT PER YEAR ON THE
FIRST DAY O'F 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 SHOWING THE TOTAL NUMBER OF GALLONS OF GASOLINE, FUELS AND /OR
OTHER PROPELLENTS SOLD BY ASSIGNEE AND THE TOTAL GROSS RECEIPTS FRO,'+. THE
ASOVEMENTIONED 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
TRANSACTION'S SALES AND INCOME, BOTH FROM CASH SALES AND CREDIT
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 AGREEMENTS AND ASSIGNEE HEREBY AGREES TO SUBMIT THE
AFOREMENTIONED REPORTS AND PAYMENTS TO THE AIRPORT MANAGER. IT ISM
HOWEVER, SPECIFICALLY AGREED THAT THE CITY MAY DESIGNATE OTHERS AS
AGENTS TO �NSPECT ASSIGNEES BOOKS AND RECORDS AS ADOVEMENTIONED,
-j2-
It
•
PROVIDED SUCH INSPECTIONS ARE PERFORMED AT REASONABLE TIMES DURING
WORKING HOURS.
S. 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 (280)
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 " PU8LIC APRON" SHALL INCLUDE, IN ADDITION TO THE
TRANSIENT APRON ABOVE DESCRIBED, THE FOLLOWING AREA:
ALL OF THAT AREA SHOWN ON EXHIBIT °A° AS
11 COMMERCIAL APRON" ANG BEING AN AREA
APPROXIMATELY 300 FEET IN WIDTH EXTENDING_
NCRTH AND SOUTH AND EXTENDING EAST AND
WEST A DISTANCE OF APPROXIMATELY 1050
FEET, ALL OF WHICH AREA LIES AS SFCWN ON
_ EXHIBIT "A" SOUTH OF THE AIRPORT TERMINAL
BUILDING AND AIRPORT CONTROL TOWER BUILDING.
ARTICLE VI11
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 ASSIGNMENT, 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, A \:) SUBJECT TO THE CONDITIONS AND HAPPENINGS CONTAINED IN
ARTICLE X. PARAGRAPH E, OF THIS AGREEMENT.
y
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$
OFFICESj SHOPS AND /OR OTHER IMPROVE14ENTSJ 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.
D. ASSIGNEE AGREES TO CAUSE TO BE REMOVED FROM THE ASSIGNED
PREMISES ALL WA STEM GARBAGE RUBBISH, JUNK, WORN -OUT PARTS AND OTHER
REFUSE] AND AGREES NOT TO DEPOSIT THE SAME OR ALLOW THE SAME TO
ACCUMULATE, EXCEPT TEMPORARILY IN CONNECTION WITH COLLECTION FOR
REMOVALS 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
•
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 GOOD, 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 ASSIGNEES
CHARGES FOR STUDENT TRAINING, AIRCRAFT RENTAL, AIRCRAFT. STORAGE AND AIRCRAFT
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 200 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 DATE 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
PAYABLZ EXCEPT FOR THE RIGHT OF REIMBURSEMENT CONTAINED IN THIS PARAGRAPH)
SHALL HAVE BEEN REIMBURSED TO ASSIGNEE, PROVIDED, HOWEVER, THAT SAID REIM-
BURSEMENT SHALL NOT EXTEND BEYOND 63 MONTHS FROM THE DATE HEREOF. AFTER
53 D10 \THS
SUCH REIMBURSEMENT OF SAID CONSTRUCTION COSTS OR THE EXPIRATION OF 0)
FROM THE DATE HEREOF, Wfli CtIEVER FIRST OCCURS, NO FURTHER REIMBURSEMENT SHALL BE
DUE TO ASSIGNEE. CITY WIL1: MAINTAIN THE RAMP AFTER CONSTRUCTION BY ASSIGNEE.
E. ASSIGNEE AGREES TO CONSTRUCT AND INSTALL PROPER 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 UNCERSTOOO AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THE ASSIGNEE
HEREIN IS AND SHALL BE DEEMED TO BE AN INDEPENDENT CO.NTRACTOR-AND OPERATOR
RESPONSIBLE TO ALL PARTIES FOR ITS RESPECTIVE ACTS OR OMISSIONS AND FOR
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 ,
Y5 O,000.00 INSURANCE FOR PROPERTY DAMAGE LIABILITY. ALL INSURANCE
SHALL BE CARRIED IN A RESPONSIBLE COMPANY AND SHALL, IF REQUESTED DY
THE CITY, NAME THE CITY OF CORPUS CfIRISTI AS AN ASSURED. SUCH
POLICY SHALL, IN ADDITIONS BE ENDORSCO TO PROVIDE FOR CROSS-LIABILITY
-tG-
13CTWEEN THE ASSURCDS. SUCH POLICY SHALL BE IN A FORM SATISFACTORY TO THE
CITY OF CORPUS CHRISTI.
ALL SAID POLICIES SHALL PROVIDE FOR A MINIMUM OF 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 DEEMED 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
-17- .
OE 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 HOWEVER3 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 ASSIGNE£t5
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
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 V1 HEREINABOYE, 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 ASSIGNEE, 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 PERSONAL.PROPERTY,
AND IN THE EVENT ASSIGNEE FAILS TO DO SOS THE SA14E 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. 1
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 CONDITION, PROVIDED- HOWEVER THAT
ASSIGNOR AND/OR THE CITY OF CORPUS CHRISTI AGREE TO INCLUDE IN THIS
NOTICE A STATEMENT WITH RESPECT TO THE 6RTICLE, AGREEMENT OR CONDITION
OF WHICH ASSIGNOR AND/OR THE CITY OF CORPUS CHRISTI CLAIM THAT ASSIGNEE
15 IN DEFAULT.
ARTICLE XI
TRANSFER OF ASSIGNMENT
THE WRITEEN AUTHORITY OF THE CITY OF CORPUS CHRISTI SHALL
BE OBTAINED BY ASSIGNEE PRIOR TO ANY SALE, ASSIGNMENT, TRANSFER OR
' SUB - ASSIGNMENT OF THIS ASSIGNMENT AND AGREEMENT. IN THE EVENT THAT' `
ASSIGNEE BORROWS MONEY OR OTHERWISE FINANCES THE IMPROVEMENTS TO BE
CONSTRUCTED HEREUNOER,-AND IN THE EVENT THAT IT BECOMES NECESSARY
FOR ANY PERSONS PERSONS, COMPANY OR CORPORATION THAT LOANED OR OTHER-
WISE FINANCED OR GUARANTEED PAY14ENT OF SAID CONSTRUCTION FINANCING
TO TAKE OVEit ASSIGNEES IMPROVEMENTS, BECAUSE OF ASSIGNEES FAILURE
OR REFUSAL OR INABILITY TO PAY, SAID PERSONS PERSONS COMPANY OR
CORPORATION MAY CONTINUE TO OPERATE THE FIXED BASE AVIATION OPERA-
TIONS CONDUCTED,DY ASSIGNEE WITH THE SAME PRIVILEGES, USES, RIGHTS,
_19-
INTERESTS AND OBLIGATIONS AS HEREIN CONVEYED AND IMPOSED UPON ASSIGNEE,
PROVIDED ALL OBLIGATIONS OF ASSIGNEE ARE MET AND ALL •PAYMENTS OWING BE
PAID UP TO A CURRENT AND NON—DELINQUENT STATUS.
EXECUTED IN TRIPLICATE ON THIS '-3 DAY Or 1966.
ASSIGNEE:
CORPUS CHRISTI AVIATION
AL KRAKOW
CORPUS CHRISTI BANK & TRUST COWANY,
ATTEST. ` /J TRUSTEE
BY
-CASHIER ROBERT 11. BLOUNT
Ethel Goebel, Assistant Cashier VICE PRESIDENT & TRUST OFFICER
ACCEPTED AND APPROVED:
CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
Z., _ -t-�.- HERBERT W. WHITNEY, CITY ANAGER
CIT SECRET RY/
APPROVED AS TO LEGAL FORM TH S
_3 DAY OF ?'��1�/� 1966:
CITY ATTOR EY
APPA ED '
By YU1. CI
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G:;:d 3/23/67
N APPBOVEh
By CCUNC;L
ASSIGi NECT1' OP LEASE cn,•
� cry
11HE STATE Or TEXAS X
CoularX OF NUECES
-111iEREAS, 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 I:rakow,
d /b /a Corpus Christi Aviation, nieces 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
name being now known as Corpus Christi international Airport),
Nueces County, Texas. paid Lease Agreement was amended by agree-
ment of the parties on January 18•,. 19677 and,
blirREAS, 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:
lgcxq, THEREFORE, in consideration of Ten ($10.00) Dollars
cash to him in hand paid by Interstate Securities Industrial
Corr,any, 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, floes hereby transfer, sell,
convey and assign unto Interstate Securities Industrial Company,
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.
EXECUTED this day of March, 1967.
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.
CITY OF CORPUS CHRISTI, TEXAS
By
City Manager
ATTESTS
City Secretary
APPROVED AS TO LEGAL FORM THIS
day of 1967,
City Attorney
FIRST AMENDMOIT OF ASSIGNMENT OF LEASE
HANGAR AND FIXED BASE OPERATORS
THE STATE OF TEXAS
COUNTY OF NUECES Q
VIHEREAS, BY AGREEMENT DATED 196f AN ASSIGNMENT
OF LEASE WAS MADE BY CORPUS CHRISTI BANK &.TRUST COMPANY, TRUST, AS ASSIGNOR,
To AL KRAKOW ODA 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 INTERNATIONAL AIRPORT WAS LEASED TO SAID ASSIGNEE FOR HANGAR AND
FIXED BASE OPERATIONS AND
WHEREAS, IT IS DESIRED TO AMEND SAID ASSIGNMENT:
NOW, THEREFORE, KNO14 ALL 14EN 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 760' X 200', ALL AS SHOWN ON EXHIBIT
ATTACHED HERETO AND MADE A PART HEREOF, WHICH EXHIBIT "A -1" IS SUBSTITUTED
FOR EXHIBIT "A ".
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 40/100 DOLLARS (y26,060.I'r0). 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 IS HEREBY AMENDED SO AS TO PROVIDE THAT THE
REIITAL OF ONE CENT (1¢) PER SQUARE FOOT GROUND RENTAL SHALL COMMENCE 9O
DAYS FOLLOWING THE DATE OF THE EXECUTION OF THIS AMENDMENT. .
4. EXCEPT AS HEREIN PROVIDED, ALL THE TERMS OF SAID ASSIGNMENT OF
LEASE ARE HEREBY CONTINUED IN FULL FORCE AND EFFECT.
EXECUTED IN TRIPLICATE ON THIS THE 4LAY OF JANUARY, 1967.
ASSIGNEE:
CORPUS CHRISTI AVIATION
AL KRAKOW
ATTEST:
'� r �% 41-
CASIII ER
Ethel Goebel, Assistant Cashier
ATTEST,:
CIT SECRETAR/
APPROVED AS TO LEGAL FORM dS
Z DAY OF JANUARY, 1967:
CITY ATTORNEY
ASSIGNOR:
CORPUS CHRISTI BANK & TRUST
COMPANY, TRUSTEE
BY
ROGER 7. 04YELL, TRUST OFFJCFR
ACCEPTED AND APPROVED:
CITY OF CORPUS CHRISTI, TEXAS
r i
BY
HERBERT I' /. I'I1"T 7EY
CITY MANAGER
El:: V
J5 247-97'
rd
4L,
ASSIGNMENT OF LEASE -
THZ STATE OF TEXAS X
COUNTY 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 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 then 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,
Inc. and Portland State Dank 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.
EXECUTED this' _°2 � day of March, 1967..
y
'
t
. -a
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
l -Ih day of /Y %/fi' !4 1967.
CITY OF CORPUS CHRISTI, TEXAS
By
City Man
ATTEST:
/ c
vciy J
Gr eta 'y
APPROVED AS TO LEGAL FOR: THIS
yd day of , 1967,
City- Attorn
•
ASSICIVENt OF LEASE
THE STATE OF TERAS
COWifY OF NUECES
MIEREAS, 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 183
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 -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 and No /100 Dollars ($10.00)
cash to him in hand paid by STONEWALL BANK, and other good and valuable considers —
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.
= -CUTEO 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
aoa7gnmeuL's of the aforementioned lense.
•
The City of Corpus Christi, Tcxas, hereby authorizes and approves
the assigiunont of said lease by Al Krakow to Stonewall Bank, this 14th
day of August, 1972.
ATTEST:
City Secretary/ - l ,J
APPROVED AS TO LEGAL FORM THIS
�✓7 day of August, 1972,
Atykvtorney
CITY OF CORPUS CHRISTI, TEXAS
By: �� e,
City manager
s
AMENDMENT OF ASSIGNM'dNT 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 cE 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.
EXHIBIT 44V
Executed this the b day of June, 1973.
ATTES ASSIGNEE:
CORPUS CHRISTI AVIATION
By -
Al Krakow o '�
ATTEST: ASSIGNOR:
CORPUS CHRISTI BANK & TRUST
/ COMPANY, TRUSTEE
GZf" By``
G�. MIG6 L' `p16tt IE .
rr&
/ Gary R. Levitz /
ACCEPTED AND APYR VED:
ATTEST: CITY OF CORPUS CHRIS i
t
City 4scretar y / R.' Ma in Tozmsend
City Manager
APPROVED:
DAY OF JUNE, 1973:
City Attorney _ f 1 Ii^
Part of Exhibit "F"
•
'M
That the forcSui-ng ordinance was read for -he 3rst time p4 passed
to its second reading on ?,ts the day of 19 by the
following vote:
Jason Luby
r
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
That the foregoing ordin was read rpr the second time and passed
to its third reading on this the day of 19� by the
following vote: `��
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
That the fore o3ng ordinance was read for the third time and passed
finally on this the day of 19 'A;cy� by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
PASSED AND APPROVED, this the
ATTEST:
�i ter' n , i/
APPROVED:
DAY OF�, 19
1r t� Attorney
�d of
MA
THE CITY OF CORPUS CHRISTI, TEXAS
C
�
A'
r
1
,
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R-calea w are too uted of dwas t
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.
ba:Weerx they c
Co' t OW190 9r A& aO 'rruaat Coqmnp„ Tmita s "to 1,
Esi�coprer idn.' a
and ae9� carfAg a caau�rsi�3 r
and f3VA bust ,clan �It a p�7�, 4m came OXIA t iutarm t
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-Plea" l ut ; "0 Otmm ' A' v eo: 401ce
or our fit", .. �
Yau WW ba bi d for the p�tb3 of � mar t of, Yam
trbta l� • a pnblxsw tae tlmee in � Carpus Chroffu Calt�«Thms
,
Pnbitskim Cgm pq,
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a
44
ell
f
y':
September }3; 1974
,ti ^
MX.• 09riq R 3eVite
:II
1333 8temnone
l
Dallis. T'eft, 95207
r
Dear Mr: LevitWi
t
` ,
IM6168e4, it, atl tiisv tee from the corps, riet3!Ci11ex= Times`
PublisbW Campang in the elmaat of $47.30 aovsriu pubes-
tion ebarges for Amwx msnt of Assippaut Ag m®dent beCrinnf
¢'
the Gbrwas Chriagi gaab'6'1 "t Comgsng,'T'rtut", apd•osrg S. .
''�
Levifia., ;b $elicopCw;s,,a4a.r •nd,As�sn 8arnrap� individu�llg.
' And albs TrMcair, oat%ring a elf efEaliRi bmpr ,iid ffsed bas.
rvistlouu lease Plot on Corpos Christi, Aisport'Site. Tim issse
was ha"amid by OvUsues lia..adM#6 appio"4 on third reading
�sptesdtar 0, 1976.
Please terms this aeadnt'direot'ca.thw 0011or:Tlmwa Pablisbto8
CMPaYm
t
Ve;g tsvlg gar
041s.y4'H4adnrr"Assistant
Citg 9eNSSStisr9' -:
L
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s..
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, �sa:
County of Nueces. J
Before me, the undersigned, a Notary Public, this day personally came...._......__..
who being first duly sworn, according to law, says that he is the
of the Corpus Christi Caller and The Corpus Christi 15mes,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
t
T.p o.�_ c, �--. ACII8 42tL_.8I1A..ap. lre��end_mflIIt --- Q-( ia.. BRILL-s -TS'.ti—k.Q�'.Y— &. —r+�Lt-2 � • c
of which the annexed is a true copy, was published in
on the-7.— day
�- ..- .----- 1a•T...,�D -•• -•- °�}. � �aker•�- �c��unager —
Subscribed and sworn to before me this..... .._.._.day ._........_.._.._
r
Louise Vick
o� Public, Nueces County, Texas
,333
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