HomeMy WebLinkAbout021012 ORD - 10/30/1990AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF LEASE FROM VAR
DUSEN AIRPORT SERVICES, L.P. TO PAGE AVJET AIRPORT SERVICES,
INC. AND THE EXECUTION OF A LETTER OF INTENT TO ASSIGN,
SUBJECT TO ASSIGNMENT APPROVAL ON FIRST READING; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to
execute an assignment of lease from Van Dusen Airport Services, L. 0.
to Page Avjet Airport Services, Inc. and the execution of a letter of
intent to assign, subject to assignment approval on first reading, all
as more fully set forth in the Assignment of and Amendment to
Modification of Lease Agreement and the Letter of Intent to Assign,
substantial copies of which are attached hereto and made a part hereof,
marked Exhibits A and B respectively.
SECTION 2. Publication shall be made in the official
publication of the City Corpus Christi as required by the City Charter
of the City of Corpus Christi.
ORD-RES\90135
MICROFILMED
ASSIGNMENT OF AND AMENDMENT TO
MODIFICATION OF LEASE AGREEMENT
WHEREAS, by Ordinance No. 15372, passed and approved by
City Council on February 20, 1980, the City approved,
subject to certain conditions an assignment of lease to Air
Associates, Inc., now known as Van Dusen Airport Services
Company, Limited Partnership, a Texas corporation, ("Van
Dusen") ; and 440..,
WHEREAS, by Ordinance No. 17967, passed and approved by
City Council on December 7, 1983, the City authorized an
Amendment to Lease ("Lease"), pertaining to lease premises
assigned to Van Dusen; and
WHEREAS, by Ordinance No. 19123, passed and approved by
City Council on December 17, 1985, the City authorized a
further amendment to Modification of Lease assigned to Van
Dusen; and
WHEREAS, by Ordinance No. 19577, passed and approved by
City Council on December 16, 1986, the City authorized the
transfer of Leases from Van Dusen Air, Inc. to Van Dusen Air
Services Company, Limited Partnership; and
WHEREAS, by Ordinance No. 20523, passed and approved by
City Council on November 22, 1988, the City authorized the
execution of a letter agreement with Van Dusen's then
current lender allowing assignment of the Lease to a new
lender; and
WHEREAS, Van Dusen seeks written authority from the
City to assign the Lease, as previously modified, to Page
Avjet Airport Services, Inc., a wholly-owned subsidiary of
Page Avjet Corporation ("Page"); and
WHEREAS, the City desires to consent to the assignment
of the Lease to Page and further amend the Lease.
NOW, 772=77C77
HANGAR AND FIXED BASE OPERATOR'S LEASE
This lease was entered into on the 20th day of
February, 1980 and effective on the 20th day of February,
1980 between the City of Corpus Christi, a home rule city,
situated in Nueces County, Texas, and Van Dusen Airport
Services Company, Limited Partnership, a Texas corporation,
("Van Dusen") upon these terms, performable in Nueces
County, Texas. The City consents to Van Dusen's assignment
of the Lease to Page Avjet Airport Services, Inc., a
\AG\90AG011.CRP.mm 1
wholly-owned subsidiary of Page Avjet Corporation ("Page")
effective , and releases Van Dusen from its
obligations under the Lease. Page agrees to assume the
obligations of Van Dusen under the Lease, as amended.
ARTICLE I
DESCRIPTION OF LEASED SPACE
City leases unto Page an area designated for commercial
hangar and fixed base operations located generally on the
west side of the terminal building as described on Exhibit
"A" which is made a part hereof as if set forth herein,
"Premises".
In addition to the Premises described in Exhibit A,
Page shall have the Right of Refusal to lease an area
adjacent to the northwest of the area hereby leased and
described heretofore and designated "Right of Refusal Area"
as set forth on Exhibit B which is attached hereto, "Right
of Refusal Area".
In the event a bonafide offer is submitted to the City
by a third party to lease all or a portion of said Right of
Refusal Area, then the City shall notify Page and Page must
exercise its right to lease said area at the terms of said
bonafide offer, within fifteen (15) calendar days from
receipt of the notice. The City shall provide said notice
in writing and likewise Page must provide its notice to the
City that it desires to exercise its right to lease in
writing.
ARTICLE II
PRIVILEGES, RIGHTS, USES AND INTERESTS
A. USE OF LEASED PREMISES. Page shall use the leased
Premises for commercial hangar and fixed base aviation
operations herein defined and for no other use without the
specific written permission of the City;
(1) Housing aircraft in hangars and related shop
and office use;
(2) Engaging in any activity related to the
business of repairing, leasing, purchasing, or otherwise
acquiring, selling, exchanging, dispensing, financing,
insuring, or dealing in or distributing aircraft of every
class and description, including engines, motors, aircraft
instruments, supplies and accessories;
(3) Servicing of aircraft with fuels and
lubricants;
(4) Operation of aerial taxi and sightseeing
services and aerial advertising, aerial survey, aerial
photography and mapping;
\AG\90AG011.CRP.mm 2
(5) Operation of schools of flying, navigation,
aviation mechanics, aerial survey, aerial photography,
aerial designing, aerial construction;
(6) Aeronautical and allied research;
(7) Operation of the business of nonscheduled
transportation of passengers; and
(8) 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.
B. RIGHT TO USE AIR FIELD. Page shall have the right
to use the public areas and public airport facilities
including the runways, taxiways, aprons, ramps and
navigational aids and facilities in common with others so
authorized, 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,
ordinances and Charter of the City.
C. RIGHTS ENUMERATED. Page shall have the following
rights:
1. To sell aircraft fuels, lubricants and
propellants on the leased Premises, on any other public
apron, and within any private hangar area. City reserves
the right to lease or rent the apron immediately adjacent to
the control tower annex building, known as the transient
apron, as shown on the master plan of the Corpus Christi
International Airport, to an operator or operators as a
separate business for the dispensing of fuels, lubricants
and propellants and/or for the operation of tiedown
facilities on said apron. In the event that the transient
apron is operated as a separate business, then Page shall
not have the right to the use of the tiedowns on said apron
or to sell and dispense fuels, lubricants or propellants on
said apron.
2. To store aircraft fuels, lubricants, and
propellants on the leased Premises.
3. To maintain and operate mobile equipment when
reasonable and necessary to fill and dispense ai::.._:__
fuels, lubricants and propellants on the leased Premises and
within the area described above, with right of access to the
commercial ramp and connecting taxiways.
4. To maintain, store and service aircraft which
shall include hangar storage of aircraft, major and minor
overhauling and repairing of aircraft, repairing, inspection
and licensing of same, and purchase and sale of parts,
equipment and aircraft accessories.
5. To purchase and sell, within the leased
Premises, aeronautical charts, publications, caps,
sunglasses, computers, radios, and other aviation related
\AG\90AGO11.CRP.mm 3
items normally sold and dispensed by commercial fixed base
hangar operators.
6. To rent, lease and charter aircraft and to
engage in the business of teaching and/or otherwise
instructing flying and aircraft mechanics.
7. To place and erect signs and advertising
material within the hangars, offices and shops on the leased
Premises at Page's discretion; and to place and erect signs
and other advertising material on the outside of Page's
buildings, shops and offices, provided that the size and
shape of such signs shall conform to the general appearance
of the airport premises and subject to the approval of the
Airport Manager; and to place and erect signs and
advertising material at other locations on the airport,
provided that written permission is obtained from the
Airport Manager prior to the installation of any sign or
advertising material at any location outside of or off the
leased Premises, and subject to the order of the Airport
Manager to require the removal of such installations or any
of them at any time.
D. ACTIVITIES AND USES EXPRESSLY PROHIBITED. The
following activities and uses are expressly excluded from
this lease and Page is prohibited from any such use or
activity except as noted:
1. Ground Transportation for hire. Page 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.
2. Western Union. Page may use the wires, lines
and services of Western Union for its own purposes in
connection with the establishment of a communications system
and weather system or for any other purpose so long as Page
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 hereinabove.
5. Advertising concessions except for those that
may be conducted within Page's hangars, offices and shops.
6. Barber., valet and perF-.1a1
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 and/or trip insurance.
9. Commercially engaging in the business of
making reservations for hotels, motels and other lodging.
\AG\90AGO11.CRP.mm 4
ARTICLE III
CONSTRUCTION OF HANGARS AND IMPROVEMENTS
Prior to construction of any hangar or improvements on
the leased Premises, Page will submit plans and
specifications to the City for approval and review with
respect to the general appearance, safety, type of
construction proposed and life and value.
ARTICLE IV
ACCEPTANCE OF PREMISES
Page acknowledges that the Premises have been inspected
and accepts the leased Premises in its present physical
condition, subject, however, to agreements existing between
Page and Van Dusen.
This
from the
"Effective
the terms,
ARTICLE V
TERM
lease shall be for a term
effective date herein,
Date", provided Page shall
conditions, and provisions
ARTICLE VI
RENT
Page will pay City a base rental
and supplemented as follows:
of thirty (30) years
February 20, 1980,
not default in any of
hereof.
fixed as of July, 1960
1. Three (3) cents per square foot per year for the
area covered by hangars, shops, offices and/or other
improvements.
2. One (1) cent per square foot per year for the area
within the leased Premises between the building setback
lines where buildings could legally be constructed.
3. Thirty-three and one-third (33-1/3%) percent of
the gross income from parking and/or tiedown facilities
located on any ramp that may be constructed in the ramp
4. Two (2) cents per gallon for each gallon of
gasoline and/or other propellants and fuels purchased by
Page, except as to gasoline sold to commercial airline
aircraft holding valid operating contracts on the airport.
Page will not be required to pay for loss of such fuels due
to theft or leakage, upon furnishing the City with
sufficient proof of such loss.
5. Page will not be charged for storage tanks within
leased Premises, except ground rental, and will submit
storage tank plans to the City for approval prior to
installation. Fuel storage sites on property outside the
leased Premises will require a separate lease.
\AG\90AG011.CRP.mm 5
Page will provide an irrevocable letter of credit,
or similar negotiable instrument, in the amount of $10,000
within thirty (30) days of providing the City notice of its
intention to install any underground storage tanks, for the
benefit of Corpus Christi International Airport. The letter
of credit shall be renewed on an annual basis on the
anniversary date of that notice. A new or renewed letter of
credit must be received by the Director of Aviation thirty
(30) days prior to the annual anniversary date of that
notice. Failure to timely provide a new or renewed letter
of credit shall be a default under this Agreement.
6. At the end of each three year period after the
Effective Date of this Agreement, either City or Page may
request an adjustment in the ground rental rates, and the
flowage fees as above set out, which adjustment shall be
computed by multiplying such rate and fee by a fraction, the
denominator of which shall be the arithmetical average as of
July, 1960 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 (B) for the last available twelve (12)
monthly indices immediately preceding the request for
adjustment.
Should either of said indices change substantially
as to form and basis of data or manner of publication, the
above adjustment provision may be amended in writing.
On the base date, July, 1960, the United States
Bureau of Labor Statistics index for hourly wage rates for
all manufacturing employees was $2.26 per hour and the
commodity wholesale sale price index was 100.8. Such
formula must result in a change of at least 1/4 cent per
unit or no adjustment shall be made, and all adjustments
shall be made to the nearest 1/4 cent.
City retains the right to adjust the rates for
fuel flowage fees set forth herein, such rates to be
published by ordinance duly adopted by the City Council.
City will put this same clause in any renewal, amendment, or
extension of any other existing fixed base operator lease as
well as any other new fixed base operator lease.
Effective ae of the date of the execution of
agreement, the rents based on the foregoing formula are as
follows: The Improved Area, nine and one-fourth (9-1/4)
cents per square foot per year: Unimproved area, three (3)
cents per square foot per year; Flowage fee, six and
one-fourth (6-1/4) cents per gallon. Ground rentals as set
out here and above shall be computed on a monthly basis and
shall become due and payable on the first day of each
calendar month throughout the term of this lease. On the
first day of the next calendar month after the rentals begin
under this lease, Page shall prepare a report in writing on
a form approved by City showing the total number of gallons
of gasoline fuels and/or other propellant purchased by Page
\AG\90AG011.CRP.mm 6
r_.
and the total gross receipts on the above mentioned apron
during the preceding calendar month and shall submit said
report to City along with the rental to be paid thereunder
prior to the tenth day of said calendar month. Page shall
submit a like report and payment therefor for each
succeeding month during the term of this lease. Page will
keep full and accurate records of all transactions,
purchases, sales, and income, both from cash sales and
credit sales, that in any way concern rental to City; and
will hold all books and records covering such sales open to
inspection by City at all reasonable times.
7. City appoints its Director of Aviation as its
agent to receive all rentals and reports under this lease
and Page will submit said reports and payments to the
Director of Aviation. City may designate others as agents
to inspect Page's books and records, such inspections to be
performed at reasonable times during working hours.
8. In addition to all other remedies which City may
have to enforce the obligations of Page, City shall have a
lien on all property of Page placed on said Premises for all
moneys, rents, shares of gross receipts and other
obligations of Page.
9. By the terms "Transient Apron" is meant that apron
east of the control tower building approximately two hundred
eighty (280) feet in width extending from taxiway "N"
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 300 feet in width extending
north and south and extending east and west a
distance of approximately 1,050 feet, all of
which area lies as shown on Exhibit A south
of the airport terminal building and airport
cont --2 e ),..: _12.1r.
10. City reserves the right to change the base date of
July, 1960 referred to above in the event that the City
makes the same change in any other existing or new fixed
base operator leases.
ARTICLE VII
UNDERTAKINGS OF CITY
City covenants as follows:
A. To operate Corpus Christi International Airport as
a public airport during the term of this lease subject to
\AG\90AG011.CRP.mm 7
and consistent with and pursuant to the assurances given by
the City to the United States Government under the Federal
Airport Act, and to Page by this lease.
B. To make water, gas and wastewater service
available upon the same basis as applies to residents within
the City of Corpus Christi. Page shall pay all charges for
water, gas, wastewater, electricity and other public
utilities supplied to Page and/or Page's Premises during the
term of this lease as such charges become due and payable.
ARTICLE VIII
UNDERTAKINGS OF PAGE
Page further covenants as follows:
A. At its own expense, to maintain the leased
Premises and all improvements thereon in a presentable
condition consistent with good business practice and equal
in appearance and character to other similar improvements on
the airport.
B. To remove from the leased Premises all waste,
garbage, rubbish, junk, worn-out parts and other refuse, and
not to deposit the same or allow the same to accumulate,
except temporarily in connection with collection for
removal, on any part of the leased Premises or other
property located within the airport site; provided, however,
that City may provide garbage service for a reasonable fee
consistent with charges made to commercial establishments of
a similar nature.
To make adequate provision for and to dispose of
waste oils and lubricants off the airport property. No
waste oils and lubricants may be disposed of into the
airport wastewater system. Page shall indemnify the City
for all pollution, and remediation thereof including without
limitation any fines levied, or resulting from Page's use or
disposal of such waste oils and lubricants on the leased
Premises.
r.
adequate to meet all the demands for such service at the
airport on a fair, equal and nondiscriminatory basis to all
users thereof, and to charge a fair, reasonable and
nondiscriminatory price for each unit of sale or service;
provided that Page 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. Nothing herein contained is intended to nor
shall be construed as vesting in City the power or authority
to regulate Page's charges for student training, aircraft
rental, aircraft storage and aircraft charter service and
services specifically related to such service.
\AG\90AGO11.CRP.mm g
ARTICLE IX
GENERAL PROVISIONS
A. INDEMNIFICATION. Page is and shall be deemed to
be an independent contractor and operator responsible to all
parties for its respective acts or omissions and those of
its agents, servants, employees, invitees, tenants and
sublessees, and City shall in no way be responsible
therefor. In the use of the airport and in the maintenance,
erection or construction of any improvements thereon, and
the exercise and enjoyment of the rights herein granted,
Page will indemnify and save harmless City from any and all
losses or claims for damages that may proximately result to
City from any negligence on the part of Page, Page's agents,
servants, employees, construction contractors and invitees,
and for those of its tenants and sublessees. Page will
carry public liability insurance in the minimum sum of
$500,000 single limit. All insurance shall be carried in a
responsible company and shall name City as an insured. Such
policy shall, in addition, be endorsed to provide for
cross -liability between the named insureds. Such policy
shall be in a form satisfactory to City. All such policies
shall provide for a minimum of thirty (30) days notice to
the City in the event of cancellation, nonrenewal or
material change in the terms thereof. A new policy or
endorsement in accordance with the foregoing shall be
presented to the Director of Aviation thirty (30) days prior
to the effective date thereof. Failure to timely present a
new policy or endorsement shall be a default hereunder. The
City Manager shall have the right to modify the minimum
level of coverage required herein to meet legislative
mandates or for other change in circumstances. Prior to
changing the insurance requirements the City shall give Page
sixty (60) days notice of its intention to modify the level
of coverage. Upon City's written request Page shall provide
copies of all insurance policies.
B. NOTICES. Notices to City shall be deemed
sufficient if in writing and mailed, postage prepaid,
addressed to the Director of Aviation, Corpus Christi
• l ./
Christi, Texas 78406, or to such other address as may have
been designated in writing by City from time to time.
Notice to Page shall be deemed sufficient if in writing and
mailed, postage prepaid, addressed to Page, 7380 Sand Lake Road
Shite 600. Orlando Florida 32819
C. TAXES. Page will pay any and all real and personal
property taxes levied from time to time upon the
improvements placed upon the leased Premises.
\AG\90AG011.CRP.mm 9
D. All of the terms, covenants and agreements herein
contained shall be binding upon and shall inure to the
benefit of the heirs, successors and assigns of Page and
City.
E. DESTRUCTION. In the event that Page's 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 Page and City to such an extent that the airport
cannot be operated as an airport, then this agreement shall
terminate.
In the event that the leased Premises or Page's
improvements or the airport facilities reasonable and
necessary for Page to conduct Page's business are partially
destroyed or damaged due to acts of God or other acts
outside the control of Page and/or City to such extent that
the leased Premises may not economically be used for the
uses and purposes for which leased, then this agreement and
lease shall be suspended during the period of such partial
damage or destruction and shall not begin or resume until
the damage has been repaired. In the case of such
destruction, if any applicable insurance proceeds are
adequate to reconstruct the damaged improvements or
facilities, then such improvements or facilities shall be
rebuilt within a reasonable period of time by Page. At its
own expense, Page shall cause a policy or policies of
commercial property insurance to be carried and maintained
with respect to the improvements and facilities on the
leased Premises.
F. SUBORDINATION. This lease shall be subordinate to
the provisions of any existing or future agreement between
City 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 lease out from the
control of City or to substantially destroy the commercial
value of the leased Premises, then City must provide
adequate premises to Page or this agreement shall terminate.
G. TERMINATION.
1. This lease shall terminate at the end of the
term set forth in Article V hereinabove, and Page shall have
no further right or interest in any of the leased Premises
or rights, uses or other interests contained in this
agreement, and Page will vacate and remove all equipment
placed thereon by Page prior to the execution of this lease,
unless Page and the City renegotiate said lease and enter
into a mutually satisfactory lease extending the term
hereof. Page shall have one hundred twenty (120) days
within which to remove Page's equipment and personal
property, and in the event Page fails to do so, the same
\AG\90AG011.CRP.mm 10
shall work as an abandonment and title shall pass to City,
or City may remove said equipment and personal property and
Page will reimburse City for its expense.
2. At the termination of this lease all
improvements placed on the lease by Page including existing
hangars shall revert to City in accordance with the City
Charter, Article VIII, Section 2, as amended.
H. CANCELLATION. Default in payment of any of the
rentals shall give City the right to terminate this lease at
any time after thirty (30) days notice in writing has been
given to Page, unless within said time Page has fully
complied with the rental provisions.
Default in any of the other covenants on the part
of Page shall likewise give City the right to terminate this
lease at any time after thirty (30) days notice in writing
has been given Page, unless within said time Page has fully
corrected the condition creating the default. City will
specify in such default notice the lease provision under
which City claims that Page is in default, and the acts or
omissions giving rise to the claimed default.
I. GUARANTY. Page Avjet Corporation, upon closing of
the sale with Van Dusen, will guaranty the performance by
Page Avjet Airport Services of all obligations of this
lease.
ARTICLE X
TRANSFER OF LEASE
The written authority of the City shall be obtained by
Page prior to any sale, reassignment, transfer or
subassignment of this lease. Should Page borrow money or
otherwise finance the improvements to be constructed
hereunder, and should it become necessary for any lender,
financing agency or guarantor to foreclose and take over
this lease because of Page's failure to pay, said lender,
financing agency or guarantor may operate the lease subject
to all of its provisions, provided all obligations of Page
are met and all payments owing be paid.
ARTICLE XI
AIR OPERATIONS AREA SECURITY
Page shall provide for the security of the air
operations area to prevent ground entry or movement of
unauthorized persons in accordance with Section 9-32 of the
City Code of Corpus Christi, Texas, and any regulations
imposed upon City by the Federal Aviation Administration.
Page shall indemnify and hold harmless City, its officers
and employees, from any charges, fines, or penalties that
may be levied by any agency of the United States or the
State of Texas by reason of Page's failure to comply with
this requirement.
\AG\90AG011.CRP.mm 11
Physical barriers to prevent access to the air
operations area must be in effect during construction upon
the leased Premises. This covenant is in addition to any of
the above indemnification provisions.
ARTICLE XII
CIVIL RIGHTS
In exercising any of the leased rights or privileges,
Page shall not on the grounds of race, sex, creed or
national origin discriminate or permit discrimination
against any person or group of persons in any manner
prohibited by Part 21 of the Regulations of the Secretary of
Transportation. City hereby expressly retains the right to
take such action as the United States may direct to enforce
this nondiscrimination covenant.
EXECUTED on this day of
ATTEST:
ATTEST:
, 19
PAGE AVJET AIRPORT SERVICES, INC.
By
Name
Title
/Jtt&A'S
VAN DUSEN AIRPORT SERVICES COMPANY
By
A
Name
Title
Jac /S
d cc
res,
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED this day of
stF? „, t<i , 19
HAL GEORGE, CITY ATTORNEY
By: 1 �=�.� '1 i•-r_�_UCi_��
Assistant City Attorney
Juan Garza, City Manager
\AG\90AGO11.CRP.mm 12
STATE OF Florida
COUNTY OF Orange
This instrument was acknowledged before me on
September 4, 1990
[Title] a Vice President of Page Avjet Airport
corporation,
by Thomas J. Hanus
Services, Inc., a [State] Delaware
on behalf of said corporation.
STATE OF \�AM.uS
COUNTY OF 'S1u¢te;
i
Notiry Public, S te:of Florida
Printed Name : it/Jim-cc-
ThisP
ublic,
cc /cc,� r�.1
My commission expires:
_.. , 1941
This instrument was acknowledged before me on
c-askek 6 \90V by -Sc..'L W 1)00-\4\ev‘ ,
[Title] V%LI, ii' lea AtAt of Van Dusen Airport Services
Company, a [State] "DsNQA.,cate. corporation, on behalf
of sa'. or oration.
MARSHA LUTTRELL
`;',.ry Public
7,11 Ci TEXAS
Exp. April 2E, 1993
STATE OF TEXAS
COUNTY OF NUECES
Notary' Public, State of
Printed Name:
My commission expires:
This instrument was acknowledged before me on
by Juan Garza, City Manager of the
City of Corpus Christi, a Texas Municipal Corporation, on
behalf of said corporation.
Notary Public, State of Texas
Printed Name:
My commission expires:
\AG\90AGO11.CRP.mm 13
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ASSIGNMENT
Van Dusen Airport Services Company, Limited
Partnership ("Van Dusen") hereby assigns to Page Avjet
Airport Services, Inc. ("Page"), binding on Van Dusen as of
the closing of the sale by Van Dusen of substantially all of
its assets to Page, all of the rights, title and interest of
Van Dusen in that certain lease, dated as of February 27,
1980, ("Lease") between the City of Corpus Christi as
landlord and Van Dusen as tenant, relating to certain
premises located at Corpus Christi International Airport,
subject to the formal assignment process of the City of
Corpus Christi, Texas being followed in its entirety and the
Lease being formally assigned pursuant to that process.
IN WITNESS WHEREOF, Van Dusen has executed this
day of , 19 .
Assignment this
ACCEPTED AND AGREED:
VAN DUSEN AIRPORT SERVICE
COMPANY, LIMITED PARTNERSHIP
By FBO ACQUISITION
CORPORATION, General Partner
By
Title:
PAGE AVJET AIRPORT SERVICES, INC.
By
Title:
CONEL;;
The undersigned, the City of Corpus Christi
("Landlord") hereby consents to the assignment by Van Dusen
Airport Services Company, Limited Partnership ("Van Dusen")
of all of its rights, title and interest in that certain
lease, dated as of February 27, 1980, between the
undersigned and Van Dusen ("Lease"), relating to certain
premises located at Corpus Christi International Airport
2.CRP.^m
(the "Premises"), to Page Avjet Airport Services, Inc.
("Page"), which assignment shall be effective sixty (60)
days after execution of the assignment which will occur
after third reading approval of the Ordinance authorizing
the assignment in accordance with the City Charter.
However, as regards Van Dusen and Page Avjet the duties and
obligations and leasehold rights and interests of Van Dusen
shall vest in Page Avjet upon closing of the sale by Van
Dusen of substantially all of its assets to Page, subject to
final approval by City Council.
Landlord hereby acknowledges that this Consent is
binding upon Landlord, subject to the requirements set out
above being fully completed, and is being relied upon by
Page in connection with Page's acquisition of Van Dusen's
interest in the Premises.
IN WITNESS WHEREOF, Landlord has executed this
Consent this day of , 19
CITY OF CORPUS CHRISTI
By
Title:
\AG\9 07. _
r. _
That the foregoing ordinance was read r the first t
its second reading on this the day of
19(c) , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
(t y1
e end passen co
Pir
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing,
J
Julyi
Jr. (.5L1 '
tune nd. passed
D/H I17 _,7 ,
That the foregoing ordinance was read, for the secon
to 4�is third reading on this the CYT day of )t
19-(i , by the following vote:
Betty N. Turner V/ 9 Edward A. Martin
Cezar Galindo 01 > Joe McComb
Leo Guerrero 4Z / ) Clif Moss
Tom Hunt )Oj ) Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was
finally on this the .9)O day of
following vote:
Betty N. Turner a( r>
Cezar Galindo (Lel
Leo GuerreroLiCI-e 4_
Tom Hunt
re for he third
t� J
t' and passed
19 O , by the
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
PASSED AND APPROVED, this the 0 day of Ceti) -6/A)
ATTE T:
City ecretary
APPROVED:
7 DAY OF ,.L , 19
HAL GEORGE, CITY tTTORNEY
By 1' ' ' / ))/JA «'
kssistant City Attorney
044
MAYOR
THE CITY OF CORPUS CHRISTI
Mbeeitye
CePp
di ID
0"10
19 w
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad # 43427
PO #
Before me, the undersigned, a Notary Public, this day personally
came Rosie A. Mendez, who being first duly sworn, according to
law, says that she is Advertising Receivables Supervisor of the
Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 21012 AUTHORIZING THE
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 4TH day of NOVEMBER 1990.
ONE Time(s)
$ 47.25
Advertising Receivables Supe isor
Subscribed and sworn to before me this 7TH day
of NOVEMBER , 1990.
u L (0 1) (law
Notary Public, Nueces County, Texas
My commission expires on
-°p
B, DE:
N
'.r
NOTICE OF PASSAGE
OF ORDINANCE j13. 21012
AUTHORIZING 171E EXECU-
TION OF AN ASSIGNMENT
OF LEASE FROM VAN DUSEN
AIRPORT SERVICES. L.P. TO
PAGE AVJET AIRPORT SER-
VICES. INC. AND THE
EXECUTION OF A LETTER OF
INTENT TO ASSIGN. SUB-
JECT TO ASSIGNMENT
APPROVAL ON FIRST READ-
ING; AND PtIOVIDING FOR
PUBLICATION. The tem of
the kine wall aspire August
71, 2010 for an annual rental
r 516,572.50 per year pus
' ,` 34S% percent of gross re-
ceipts from aircraft
tia down and perking
And s fuel flowage fee of
.0625 cents per pion.
The ordinsnee was passed
rCand
dr'permed . Mind
Christi.T 80th
day of OeeeW.4
A copyefts full text M
X the a.S___ s •w eOnYGlsto
the pubis K M ghlega n the
sw office of the QM
Art
ed C a.
31-
State of Texas,
PUBLISHER'S AFFIDAVIT
} CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad #71004
PO #
Before me, the undersigned, a Notary Public, this day personally
came Rosie A. Mendez, who being first duly sworn, according to
law, says that she is Advertising Receivables Supervisor of the
Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECUTION
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 23rd day of September 1990.
One Time(s)
Advertising Receivables tilpervisor
$ 43.20
Subscribed and sworn to before me this 24th day
of September , 1990.
U�1�r0, U gait eo,C
Notary Public, Nueces County, Texas
My commission expires on
DE6NAV F SEAL
Not y
State f 1-•
J e My Co Ey
NOTICE OF PASSAGE
OF ORDINANCE
H
AUTOAR
NG THE'EXECU-
TION CF :191 ASSIGNMENT
OF LEASE FROM VAN DUSEN
AIRPORT Savices, L.P. TO
PAGE AVJET AIRPORT SER-
VICES, INC. AND THE
EXECUTION OF A LETTER OF
INTENT TO ASSIGN, SUB
JECT TO ASSIGNMEN
APPROVAL ON FIRST READ
, IND; AND PROVIDING FOt
PUBLICATION. The term o
the lease Will expiry Augus,
31, 2010 for an annual rents
of $18,572.80 per year plb
I 33'/, percent of gross re
- ceipts from aircraft
it tie down and parking
' and a fuel flowage fee of
.0625 cents per gallon.
The ordinance was passe.
d and approved on first
reading by the City
1- Council of the City of Corptu
Christi, Texas on the 18th
_ day of September, 1990.
/s/ Armando Chapa
City Secretary
City of Corpus Christi
PUBLISHER'S AFFIDAVIT
State of Texas,
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #18671
PO #
Before me, the undersigned, a Notary Public, this day personally
came Rosie A. Mendez, who being first duly sworn, according to
law, says that she is Advertising Receivables Supervisor of the
Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING ATTPHORTZTNG THE FXErTTfN
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 30th day of September 1990,
One Time(s)
$ 48.60
f` C-7 it (/ , �l//
Advertising Receivables Su rvisor
Subscribed and sworn to before me this 1st day
of October , 1990.
&Lb(( r,
Notary Public, Nueces County, Texas
My commission expires on
Co H:, L p
I .a
Nulla (TPASSAGE
OF ORDINANCE ON
SECOND READING
AUTHORIZING THE EXECU-
TION OF AN ASSIGNMENT
OF LEASE FROM VAN DUSEN
AIRPORT SERVICES, L.P. TO
PAGE AVJET AIRPORT SER-
VICES, INC. AND THE
EXECUTION OF A LETTER OF
INTENT TO ASSIGN, SUB-
JECT TO -ASSIGNMENT
APPROVAL ON FIRST READ-
ING, AND PROVIDING FOR
PUBLICATION The term of
the lease will expire August
31, 2010 for an annual rental
of $16,572.50 per year plus
337 percent of gross re-
ceipts from aircraft
tie down and parking
and a fuel flowage fee of
.0625 cents per gallon.
The ordinance was passed
and approved on second
reading by the City
Council of the City of Corpus
Christi, Texas on the 25th
day of September, 1990.
A copy of the full text of
the ordinance is available to
the public at no charge in the I
office of the City Gecretary.
/s/ Armando Chapa
City Secretary
us
City of Corp _`