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HomeMy WebLinkAbout17967 ORD - 12/07/1983AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE LEASE WITH VAN DUSEN AIRPORT 'SERVICES, INC. TO INCLUDE A 760 FOOT BY 200 FOOT TRACT OF LAND CONTIGUOUS TO ITS PRESENT NORTH BOUNDARY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a lease amendment to the the contract with Van Dusen Airport Services, Inc., authorized by Ordinance No. 15372, to include a 760 foot by 200 foot tract of land contiguous to its present north boundary, all as more fully described in the lease amendment, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. 17967 "SEP 2 81984 MICROFILMED AuRL":rIFNT THE STATE OF TEXAS 5 COUNTY OF NUECES § KNOW ALL B'( THESE PRESENT.:: This Agreement entered into by and between the City of Corpus Christi, Texas (hereinafter the "City") aria Van Dusen Airport Services, Inc. (hereinafter "Van Dusen"); W 1TN E5 S ETH: WHEREAS, a "Modification of Lease agreement was entered into by and among Roger L. Gault, dba Gault Aviation, and Air Associates, Inc., and Corpus Christi Bank & Trust Company (hereinafter "Trustee") and the City pertaining to the use of certain leased premises at the Corpus Christi • International Airport (hereinafter "Airport"); WHEREAS, as the corporate successor to Air Associates, Inc., Van Dusen has compligd with the terms and conditions of said Modification of Lease by (1) maintaining and operating the premises received by assignment from Gault Aviation under a lease agreemer', to expire on July 14, 1990; and by (2) constructing and operating improvements on certain other leased pr.•crises fur which under the terms of said Modification of Lease the lease will expire on August 31, 2012; and WHEREAS, the City and Van Dusen desire to lease an additional tract of land to serve the public in meetirrg.future general aviation hangar and ramp demands; . NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and conditions hereinafter contained, the parties herein agree for themselves, their successors and assigns as follows: ARTICLE I The City leases to Van Dusen, subject to all of the terms, conditions and covenants in this Agreement, the tract of real property (hereinafter the "Leased Premises") located immediately adjacent to and north of certain premises currently under lease or assignment within the area shown and described on the attached document marked Exhibit "A", which is made a part hereof, the Leased Premises being a tract of land extending 760 feet east and west and 200 feet north and south and comprising 152,000 square feet. -1- LI ' ARTICLE II Van Dusen shall have the right to use the Leased Premises, subject to the terms of this Agreement, for the purposes and upon the terms and conditions of "Part II Hangar and Fixed Base Operator's Lease" of the aforementioned modification of Lease which is attached hereto as Exhibit "B" and incorporated fully herein by reference. The City and Van Dusen agree that according to the terms and conditions of said Modification of Lease, Part I thereof has expired and all of Van Dusen's operations and activities at the Airport related to the premises leased or assigned under said Modification of Lease are governed by Part II thereof. ARTICLE III The term of this Agreement shall be for a period of five (5) years commencing on the date of execution hereof; provided, however, that in the event Van Dusen constructs permanent improvements upon the Leased Premises in accordance with the requirements of Article VIII, Section 2(c) of the Charter of the City this Agreement shall be extended for a term of thirty (30) year beginning on the date such improvements are completed and accepted by the City. Such permanent improvements are to consist of a new hangar -having a ground -level area of not less than 12,000 square feet and reasonably expected by the City to have a useful life greater than thirty (30) years and a value which in thirty (30) years will be commensurate with the value of the lease over its thirty (30) year term. ARTICLE IV Rental payments for the Leased Premises shall be equal to the levels established in Article VI of Exhibit "B" and adjustable as set forth herein. Effective as of the date of execution of this Agreement tiased upon current data, the rentals are as follows: Improved Area $0.0725 per square foot per year Unimproved Area $0.0250 per square foot per year Flowage Fee $0.060 per gallon Rental payments on the hangar space shall begin immediately upon execution of this Agreement, and based upon current levels the total rental payments equal THREE THOUSAND EIGHT HUNDRED DOLLARS ($3,800) per year. -2- ARTICLE V The Notice provision set forth in Article IX of Exhibit "8" are and .the same are hereby amended by substituting the following addresses for the City and for Van Dusen, as successor to Air Associates, Inc.: Director of Aviation Route 2, Box 902 Corpus Christi, Texas 78410 Van Dusen Airport Services, Inc. Corpus Christi International Airport Route 2, Box 903 Corpus Christi, Texas 78410 In witness whereof, the parties have executed and delivered this Agreement in duplicate originals, both of equal force and effect, this _ day of , 1983. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Bill G. Read, Secretary Edward A. Martin, City Manager APPROVED -AS TO LEGAL FORM: This day of , 1983 J. Bruce Aycock, City Attorney By: Assistant City Manager By: Assistant City Attorney ATTEST: By: Secretary VAN DUSEN AIRPORT SERVICES, INC. By: -3- President 13 ELECTRICAL SUBSTATION ELECTRICAL SUBSTATION MAIN PARKING LOT FUEL STORAGE PARKINS WEATHER BUREAU RENTAL CAR PARKING IDT ONTROL TOWER AIRPLANE PA MINS A B C AIRPLANE PARKING APRON CORPUS CHRISTI INTERNATIONAL AIRPORT EXCLUSIVE AREAS 'hat the foregoing ordinance o read fora first time and p• �5,sed second reading on this the eiiWtday of 0y, / ', 19/2.. , following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy_ Joe McComb Frank Mendez Mary Pat Slavik lb its" by the That the foregoing ordinance/2 read for t econd ime and �,,ssed to its third reading on this the ,p day of <<, 19 I,- , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero That the for oing ordina as real for the ird time and passed finally on this the day o^�%_��, , 19 ja, by the followin• vote: Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez ff�� Mary Pat Slavik p PASSED AND APPROVED, this the 74 day of mtel�{ , 19pA ATTEST: Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero :PP. OVED: DAY OF J. BRUCE AYCOCK, • ITY AT, ORNEY By MAYOR T CITY 0 CORPUS CHRISTI', TEXAS 17967 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, tss: County of Nueces. )/ Before me, the undersigned, a Notary Public, this day personally came. GRACIE DE LUNA ADM. ASST. SECRETARY AD#1043 City of C.C. X294% , who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE QN_,SE_QQlv Rk',zvaNG,_ ., CALLER -TIMES PUBLISHING CO. of which the annexed is a true copy, was published in on the 5th day of consecutive One day December 19.83.., and once each Times. a 24.75 GRACIE DE LUNA Adm. Asst. Sec. day thereafter for...._.. one Olt: 44W - Subscribed and sworn to before me this 8th dpi of December 19 83 Notary Public, uec County, Texas EDNA KOS • andu _ -.,NOfNCE O—F,�viyy Y "'�•PA ACGEOF1.14) 7 ORDINANCE ON 1; AUTHt.OR ZRIripe ING AN r AMENDMENT TO THE I LEASE WITH VAN DUSEN AIRPORT SERVICES, INC, i TO INCLUDE A 760 FOO1 t BY 200 FOOT TRACT 00 LAND CONTIGUOUS TO ITS PRESENT NORTH BOUNDARY. readiing by the City second of the City of Corpus Chris- ti, Texas on the 1st day of December, 1983. The full texttary. of said ordinance Is available to the public in the Office of the City Secre- -s- CItBillY G. P Cow,—