The URL can be used to link to this page

Home My WebLink About12602 ORD - 04/16/1975ML14:jkh:hb:4 /16/75:lst 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 ROBERT JENKINS COVER- ING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT ON CORPUS CHRISTI INTERNATIONAL AIRPORT SITE, AS SHOWN AND MORE PARTICULARLY DESCRIBED IN THE AMEND- MENT OF ASSIGNMENT AGREEMENT, AS SUBSTANTIALLY SET FORTH IN THE COPY WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ".;, AND DECLAR=G AN EMERGENCY. WHEREAS, by Ordinance No. 8231, passed and approved by the City Council on November 29 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, 1973; and WHEREAS, request has been made of the City Council to approve transfer of the lease of Gary R. Levitz of Dallas, Texas to Robert Jenkins; and WRF.REASs the City of Corpus Christi is agreeable to the transfer of the aforesaid lease to said Robert Jenkins: 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 Robert Jenkins 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, substantially in the form attached hereto and made a part hereof, marked Exhibit "A". 12602 SECTION 2. The necessity to accept and approve an Amendment of Assignment Agreement as hereinabove described creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency and necessity to exist, having requdsted the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the!%y of April, 1975. ATTEST: City Secretary APPROVED: 1& DAY OF APRIL, 1975: t g City Attorney MAY CITY OF CORPUS CHRISTI, TERAS ASSIGNMENT OF LEASE AGREEMENT FROM GARY R. LEVITZ TO ROBERT JENKINS THE STATE OF TEXAS ) ) COUNTY OF NUECES ) KNOW ALL MEN BY THESE PRESENTS: a THIS AGREEMENT OF ASSIGNMENT by and between GARY R. LEVITZ, hereinafter referred to as Assignor, and ROBERT JENKINS, herein- after referred to as Assignee, W I T N E S S E T H: WHEREAS, on August 29, 1959 the qualified voters of the City of Corpus Christi, an incorporated city of the State of Texas, sometimes hereinafter referred to as "The City," duly and legally approved an agreement between The City, as Lessor, and Corpus Christi Bank & Trust ,Company, Trustee, hereinafter referred to as "The Trustee," as Lessee, under the terms of which The City leased and demised to The Trustee certain lands and lease sites, certain portions of which are designated for commercial hangar and fixed based aviation operations, herein- after referred to as "The Lease," a description of said lands ,and lease.sites being shown on The-Master Plan of The New Municipal Airport also known as Corpus Christi International Airport, and hereinafter referred to as "The Airport," a copy of which Master Plan is on file in the office of Director of Public Works of The City and to which Master Plan and Lease specific reference is hereby made and the contents of which are incorporated herein as if copied in full; and WHEREAS, by a certain document entitled "Assignment of Lease Hangar and Fixed Base Operators" executed in triplicate on the 3rd day of November, 1966 by Al Krakow, doing business as Corpus Christi Aviation, The Trustee, and The City, The Trustee assigned and conveyed all of its right, title and interest in The Lease to the said Al Krakow, to which Assignment reference is hereby made and the contents thereof are incorporated as if copied in full; and n WHEREAS, by an Agreement entitled "First Amendment of Assignment of Lease Hangar and Fixed Base operators" executed in triplicate on January 18, 1967 by the said Al Krakow, modifications were made to the aforesaid lands and lease sites as well as the obligations of The Trustee and its assignees to The City, which said document is hereby specifically referred to and the contents thereof are incorporated by reference as if set forth in full; and WHEREAS, on the 6th day of June, 1973 by a document entitled "Amendment of Assignment Agreement" executed by Al Krakow, individually and doing business as Corpus Christi Aviation, The Trustee, Gary R. Levitz and The,City, the said Al Krakow sold, assigned and delivered to the said Gary R. Levitz all of his right, title and interest in and to The Lease, all of which was approved and confirmed by The City and The Trustee, said Agreement being specifically referred to an incor- porated herein by reference as if copied in full; and WHEREAS, on March 15, 1974 the said Gary R. Levitz sold, assigned, transferred and conveyed to Herman Barnett all of his right, title and interest in and to The Lease, together with the hangar, buildings, structures, improvements, fixtures, equipment and personal property located in, on and about the demised pre- mises in consideration of which the said Herman Barnett paid to the said Gary R. Levitz a certain amount of cash and executed and delivered a certain promissory note in the original principal amount of $80,000.00, dated March 15, 1974, which said note was secured by a certain Security Agreement and a certain Deed of Trust, evidence of said Security Agreement having been filed with the Secretary of State of the State of Texas and the said Deed of Trust having been filed in Volume_1348, Page 397 -400 of the Deed of Trust Records of Nueces County, Texas, to which reference is hereby made and the contents of which are incorporated herein as if copied in full; and I= WHEREAS, the said Herman Barnett defaulted in the perform- ance of his obligations due under the terms of said promissory note dated March 15, 1974 and the Security Agreement and Deed of Trust securing said note, as a result of which the said Gary R. Levitz on March 26, 1975, filed suit in the 94th Judicial District Court-of Nueces County, Texas, in Cause No. 75- 1077 -C, entitled "Gary R. Levitz v. Herman Barnett, individually and d/b /a Tropicair and Helicopters, Inc. "'; and WHEREAS, on the 7th day of April, 1975 the 94th Judicial District Court of Nueces County, Texas, entered its Judgment foreclosing the aforementioned Security and Deed of Trust Liens of the said Gary-R. Levitz against Herman Barnett and granting to the said Gary R. Levitz an immediate Writ Of Possession in and to the premises set forth in The Lease and thereby re- establishing the right, title and interest of the said Gary R. Levitz in and to the demised premises together with all of the furniture, furnishings, fixtures and equipment lying and being situated in, on or about said premises; and WHEREAS, Assignee herein desires to purchase from Gary R. Levitz, as Assignor, all of the latter's right, title and interest in and to the leasehold, the demised premises and the hangar, buildings, structures, improvements, fixtures, install- ations and equipment lying in, on or about the demised premises set forth in The Lease; NOW, THEREFORE, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations, the receipt and sufficiency of which are acknowledged, Assignor has, and by these presents does, sell, assign, transfer, convey and deliver to Robert Jenkins all of his right, title, interest and privileges in and to the demised premises as described in The Lease and other documents referred to above and incorporated herein by reference and all of his right, title and interest in and to the hangar, buildings, structures, improvements and other equipment lying in, on or about the aforesaid demised premises. -3- IN WITNESS WHEREOF I have hereunto set my h is day of April, 1975. dG R. VITZo-, ZSSIG1jOR THE STATE OF ARIZONA COUNTY OF MARICOPA BEFORE NE, the undersigned authority, on this day person- ally appeared GARY R. LEVITZ, who having been first by me duly sworn, upon oath deposes and says that he has executed the above and foregoing document for the purposes and considerations therein expressed. GIVEN UNDER 14Y HAND AND SEAL OF OFFICE this 9 � day of April, 1975. My Commission Expires: ........... .. my c9frMISSIon Fa, coe C�LL 7. 1579 ATTEST: LO r4k Notary "liF-in and Maricopa County, Arizona. ACCEPTED AND APPROVED: CITY OF CORPUS CHRISTI, TEXAS By: s j . ..... City Secretaij Wruin Townsend, City APPROVED AS TO LEGAL FORM THIS DAYOF —1 1975: City Attorney -4- Corpus Christi, Texas 4 - day of , 19 To THE MEMBERS OF TB4 CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the fo lowing vote: Jason L.hy James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark