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,—