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HomeMy WebLinkAbout19577 ORD - 12/16/1986TEXAS: AN ORDINANCE AUTHORIZING THE TRANSFER OF LEASES HELD BY VAN DUSEN AIR, INC.; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That there is hereby approved the transfer of the leases held by Van Dusen Air, Inc. under Ordinances 15372 and 17967, as requested by Van Dusen Air, Inc. by letter of December 15, 1986, a true copy of which is attached as Exhibit "A," and that such transfer shall not amend or change said leases or the obligations thereunder in any way whatsoever. That the City Manager is hereby authorized and directed to execute and record the lease under Ordinance 17967 and this assignment. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of transferring the abovementioned leases at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon fir reading as an a rgency measure this the I. day of \ J.QI. , 19 �Q W. ATTEST: MAYOR APPROVED:14A DAY OF g 2C. f4 %. , 19 ig-C HAL GEORGE, CITY ATTORNEY By AAernt-E• ty Attorney 01P.022.01 THE CI OF CORPUS CHRISTI, TEXAS 19577 MICROFILMED KLEBERG, DYER, REDFORD & WEIL ATTORNEYS AT LAW 1200 MBANK CENTER NORTH SOO NORTH WATER STREET CORPUS CHRISTI, TEXAS 78471 (5121 884-3551 WILLIAM H. LOCKE, JR. PARTNER BOARD CERTIFIED REAL ESTATE LAW: COMMERCIAL, RESIDENTIAL AND FARM AND RANCH TEXAS BOARD OF LEGAL SPECIALIZATION Mr. Craig McDowell City Manager City of Corpus Christi Corpus Christi, Texas December 15, 1986 CABLE: KLEBERG TELEX: 778 444 TELECOPIER: 1512) 684-7645 ZAP MAIL: (512)5E17.0469 AUSTIN, TEXAS OFFICE (512)458-6231 Re: Corporate Restructuring and Financing by Van Dusen and Pledge of its Tenant Interest in Airport Facilities Dear Mr. McDowell: On behalf of our firm's client, Van Dusen Airport Services, Inc. and Van Dusen Airport Services Company, Limited Partnership, a Delaware limited partnership, we request that the City of Corpus Christi as an emergency item, consider and approve on December 16, 1986, the following requests of our client: 1. Van Dusen Air, Incorporated ("Van Dusen") is contracting to transfer its interest in certain assets, including certain leasehold interests'presently held by Van Dusen Airport Services, Inc. ("VDAS") to Van Dusen Airport Services Company, Limited Partners)- a company that will specialize in airport based operations. In this regard, VDAS is requesting your consent as lessor of the premises located at Corpus Christi International Airport to the assignment of VDAS' leasehold interest in the premises from VDAS to Van Dusen and then from Van Dusen to Van Dusen Airport Services Company, Limited Partnership, with the resulting transfer of the leasehold rights to the limited partnership; and 2. The encumbrance of Van Dusen's leasehold rights as tenant by its lender, Heller Financial, Inc. of Chicago, Illinois, in connection with funding of a new loan to Van Dusen. The form of leasehold mortgage is attached. I have been informed by our clients that an emergency exists in order to accomplish this request and that funding of the loan to Van Dusen will not be able to be closed unless approval of these requests are made by the City Council of the City of Corpus Christi at its meeting scheduled for Tuesday, December 16, 1986, or by the City Manager if City Council approval is not required by the Charter of the City of Corpus Christi. Mr. Craig McDowell December 15, 1986 Page 2 This corporate reorganization and loan transaction is a part of a seven airport facility refinancing involving locations in Alaska, Georgia, Kentucky, Massachusetts, Michigan, Minnesota and Texas (Corpus Christi) on December 17, 1986. The Van Dusen limited partnership will be borrowing up to $35,000,000 on a revolving line of credit from Heller Financial, Inc. of Chicago, Illinois, to finance its ownership of the business. By your signature below we ask that you confirm your consent to the assignment to Van Dusen and by Van Dusen to Van Dusen Airport Services Company, Limited Partnerhip, of the airport lease and related agreements referred to above, your understanding that they are in full force and effect and not presently in default, you acknowledgment of Heller Financial, Inc.'s lien against the leasehold and interests of Van Dusen Airport Services Company, Limited Partnership, and your agreement that in the event of default by Van Dusen Airport Services Company, Limited Partnership, under its agreements with the City of Corpus Christi give you the right to terminate the tenant's interest under the airport lease and related agreements, Heller Financial, Inc. shall have an opportunity to cure any defaults and to have the lease and agreements transferred to another operator reasonably acceptable to you. Thank you for your considerations. Yours very truly, KLEBERG, DYER, REDFORD & WEIL WHL/slk AGREED: CITY OF CORPUS CHRISTI, TEXAS ATTEST: By: By: Craig McDowell, City Manager City Secretary Corpus Christi, Texas 1(,k day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 19889 For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR 99.045.01 Council Members The above ordinance was passed Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong by THE CIT O F CORPUS CHRISTI, TEXAS the following vote: 19577