HomeMy WebLinkAbout020827 ORD - 11/14/1989AN ORDINANCE
AUTHORIZING THE ASSIGNMENT OF AND AMENDMENT TO THE
MODIFICATION OF LEASE AGREEMENT BETWEEN THE CITY OF CORPUS
CHRISTI AND CHAPARRAL AVIATION, INC., TO HEDRICK BEECHCRAFT,
INC.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That there is hereby approved the assignment of
and the Amendment to the Modification of Lease Agreement between the
City of Corpus Christi and Chaparral Aviation, Inc., to Hedrick
Beechcraft, Inc., a substantial copy of which is attached hereto and
made a part hereof, marked Exhibit A.
ATTEST:
��� ✓� LN 0
City Secretary
APPROVED: 7 DAY OF
HAL GEORGE, CITY ATTORNEY
BY41 z P ' 4 �V,tit_n,r;r� � Xu��-�,
Assistant/ City Attokney
\ORD-RES\89051
L
MAYOR
, 19
THE CITY OF CORPUS CHRISTI
MICROFILMED
ASSIGNMENT OF AND AMENDMENT TO
MODIFICATION OF LEASE AGREEMENT
WHEREAS, by Ordinance No. 14976, passed and approved by
City Council on July 3, 1979, the City approved, subject to
certain conditions an assignment of lease to Chaparral
Aviation, Inc., a Texas corporation, "Chaparral"; and
WHEREAS, by Ordinance No. 15041, passed and approved by
City Council on August 8, 1979, the City authorized the
Modification of Lease, "Lease," pertaining to lease premises
assigned to Chaparral; and
WHEREAS, by Ordinance No. 15642, passed and approved by
City Council on July 23, 1980, the City authorized an
amendment to Modification of Lease assigned to Chaparral;
and
WHEREAS, by Ordinance No. 16475, passed and approved by
City Council on August 19, 1981, the City authorized a
further amendment to Modification of Lease assigned to
Chaparral; and
WHEREAS, Chaparral seeks written authority from the
City to assign the Lease, as previously modified, to Hedrick
Beechcraft Inc., "Hedrick Beechcraft"; and
WHEREAS, the City desires to consent to the assignment
of the Lease to Hedrick Beechcraft and further amend the
Lease.
NOW, THEREFORE, the Parties agree as follows:
HANGAR AND FIXED BASE OPERATOR'S LEASE
This lease was entered into on the 14th day of
August, 1979 and effective on the 14th day of October, 1979
between the City of Corpus Christi, a home rule city,
situated in Nueces County, Texas, and Chaparral Aviation,
Inc., a Texas corporation, upon these terms, performable in
Nueces County, Texas. The City consents to Chaparral's
assignment of the Lease to Hedrick Beechcraft, Inc.,
"Hedrick Beechcraft," effective November 20, 1989, and
releases Chaparral from its obligations under the Lease.
Beechcraft Hedrick agrees to assume the obligations of
Chaparral under the Lease, as amended.
ARTICLE I
DESCRIPTION OF LEASED SPACE
City leases unto Hedrick Beechcraft an area designated
for commercial hangar and fixed base operations located
89AG007.CRP 1
EXHIBIT "A"
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,
Hedrick Beechcraft 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 Hedrick Beechcraft
and Hedrick Beechcraft 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 Hedrick
Beechcraft 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. Hedrick Beechcraft 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;
(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. Hedrick Beechcraft shall
have the right to use the public areas and public airport
89AG007.CRP 2
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. Hedrick Beechcraft 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 Hedrick
Beechcraft 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 aircraft
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
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 Hedrick Beechcraft's discretion; and to place
and erect signs and other advertising material on the
outside of Hedrick Beechcraft'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
89AG007.CRP 3
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 Hedrick Beechcraft is prohibited from any
such use or activity except as noted:
1. Ground Transportation for hire. Hedrick
Beechcraft 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. Hedrick Beechcraft 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 Hedrick Beechcraft 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 Hedrick Beechcraft's hangars,
offices and shops.
6. Barber, valet and personal services.
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
ARTICLE III
CONSTRUCTION OF HANGARS AND IMPROVEMENTS
Prior to construction of any hangar or improvements on
the leased Premises, Hedrick Beechcraft 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
Hedrick Beechcraft acknowledges that the Premises have
been inspected and accepts the leased Premises in its
present physical condition, subject, however, to agreements
existing between Hedrick Beechcraft and Chaparral.
89AG007.CRP 4
ARTICLE V
TERM
This lease shall be for a term of thirty (30) years
from the effective date herein, October 14, 1979, "Effective
Date", provided Hedrick Beechcraft shall not default in any
of the terms, conditions, and provisions hereof.
ARTICLE VI
RENT
Hedrick Beechcraft will pay City a base rental fixed as
of July, 1960 and supplemented as follows:
1. Three cents (3C) per square foot per year for the
area covered by hangars, shops, offices and/or other
improvements.
2. One cent (1C) 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
area, shown on Exhibit "A".
4. Two (20) cents per gallon for each gallon of
gasoline and/or other propellants and fuels purchased by
Hedrick Beechcraft, except as to gasoline sold to commercial
airline aircraft holding valid operating contracts on the
airport. Hedrick Beechcraft 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. Hedrick Beechcraft 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.
Hedrick Beechcraft 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 Hedrick
Beechcraft 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
89AG007.CRP 5
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 1/44 per unit or
no adjustment shall be made, and all adjustments shall be
made to the nearest 1/44.
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 as of the date of the execution of this
agreement, the rents based on the foregoing formula are as
follows: The Improved Area, nine and one-fourth (9-1/44)
cents per square foot per year: Unimproved area, three (3Q)
cents per square foot per year; Flowage fee, six and
one-fourth (6-1/44) 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, Hedrick Beechcraft 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 Hedrick Beechcraft 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. Hedrick Beechcraft shall submit a like
report and payment therefor for each succeeding month during
the term of this lease. Hedrick Beechcraft 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 airport manager as its agent to
receive all rentals and reports under this lease and Hedrick
Beechcraft will submit said reports and payments to the
Airport Manager. City may designate others as agents to
inspect Hedrick Beechcraft's books and records, such
inspections to be performed at reasonable times during
working hours.
89AG007.CRP 6
8. In addition to all other remedies which City may
have to enforce the obligations of Hedrick Beechcraft, City
shall have a lien on all property of Hedrick Beechcraft
placed on said Premises for all moneys, rents, shares of
gross receipts and other obligations of Hedrick Beechcraft.
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
control tower building.
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
and consistent with and pursuant to the assurances given by
the City to the United States Government under the Federal
Airport Act, and to Hedrick Beechcraft 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. Hedrick Beechcraft shall pay
all charges for water, gas, wastewater, electricity and
other public utilities supplied to Hedrick Beechcraft and/or
Hedrick Beechcraft's Premises during the term of this lease
as such charges become due and payable.
ARTICLE VIII
UNDERTAKINGS OF HEDRICK BEECHCRAFT
Hedrick Beechcraft further covenants as follows:
A. At its own expense, to maintain the leased
Premises and all improvements thereon in a presentable
89AG007.CRP 7
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. Hedrick Beechcraft shall
indemnify the City for all pollution, and remediation
thereof including without limitation any fines levied, or
resulting from Hedrick Beechcraft's use or disposal of such
waste oils and lubricants on the leased Premises.
C. To supply good, prompt and efficient service
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 Hedrick Beechcraft 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 Hedrick
Beechcraft's charges for student training, aircraft rental,
aircraft storage and aircraft charter service and services
specifically related to such service.
ARTICLE IX
GENERAL PROVISIONS
A. INDEMNIFICATION. Hedrick Beechcraft 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, Hedrick Beechcraft 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 Hedrick Beechcraft, Hedrick
Beechcraft's agents, servants, employees, construction
contractors and invitees, and for those of its tenants and
89AG007.CRP 8
sublessees. Hedrick Beechcraft 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 Hedrick Beechcraft sixty (60) days
notice of its intention to modify the level of coverage.
B. NOTICES. Notices to City shall be deemed
sufficient if in writing and mailed, postage prepaid,
addressed to the Director of Aviation, Corpus Christi
International Airport, 1000 International Drive, Corpus
Christi, Texas 78406, or to such other address as may have
been designated in writing by City from time to time.
Notice to Hedrick Beechcraft shall be deemed sufficient if
in writing and mailed, postage prepaid, addressed to Hedrick
Beechcraft, 8402 Nelms, Houston, Texas 77061-4110, with a
copy to Hedrick Beechcraft c/o Beech Holdings, 9709 East
Central, P. O. Box 85, Wichita, Kansas 67201-0085.
C. TAXES. Hedrick Beechcraft will pay any and all
real and personal property taxes levied from time to time
upon the improvements placed upon the leased Premises.
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 Hedrick
Beechcraft and City.
E. DESTRUCTION. In the event that Hedrick
Beechcraft'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 Hedrick Beechcraft 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 Hedrick
Beechcraft's improvements or the airport facilities
reasonable and necessary for Hedrick Beechcraft to conduct
Hedrick Beechcraft's business are partially destroyed or
damaged due to acts of God or other acts outside the control
of Hedrick Beechcraft and/or City to such extent that the
leased Premises may not economically be used for the uses
89AG007.CRP 9
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. City shall be the sole judge of
the extent of the damage or destruction to the airport and
shall have an option to either declare this lease terminated
or suspended or to repair the airport facilities or in case
of damage or destruction to Hedrick Beechcraft's
improvements, to either declare the lease terminated,
suspended or to require Hedrick Beechcraft to repair his
improvements, and fix the time within which such repairs
shall be made.
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 Hedrick Beechcraft 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 Hedrick
Beechcraft shall have no further right or interest in any of
the leased Premises or rights, uses or other interests
contained in this agreement, and Hedrick Beechcraft will
vacate and remove all equipment placed thereon by Hedrick
Beechcraft prior to the execution of this lease, unless
Hedrick Beechcraft and the City renegotiate said lease and
enter into a mutually satisfactory lease extending the term
hereof. Hedrick Beechcraft shall have one hundred twenty
(120) days within which to remove Hedrick Beechcraft's
equipment and personal property, and in the event Hedrick
Beechcraft fails to do so, the same shall work as an
abandonment and title shall pass to City, or City may remove
said equipment and personal property and Hedrick Beechcraft
will reimburse City for its expense.
2. At the termination of this lease all
improvements placed on the lease by Hedrick Beechcraft
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 Hedrick Beechcraft, unless within said time Hedrick
Beechcraft has fully complied with the rental provisions.
89AG007.CRP 10
Default in any of the other covenants on the part
of Hedrick Beechcraft shall likewise give City the right to
terminate this lease at any time after thirty (30) days
notice in writing has been given Hedrick Beechcraft, unless
within said time Hedrick Beechcraft has fully corrected the
condition creating the default. City will specify in such
default notice the lease provision under which City claims
that Hedrick Beechcraft is in default, and the acts or
omissions giving rise to the claimed default.
ARTICLE X
TRANSFER OF LEASE
The written authority of the City shall be obtained by
Hedrick Beechcraft prior to any sale, reassignment, transfer
or subassignment of this lease. Should Hedrick Beechcraft
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 Hedrick Beechcraft's failure
to pay, said lender, financing agency or guarantor may
operate the lease subject to all of its provisions, provided
all obligations of Hedrick Beechcraft are met and all
payments owing be paid.
ARTICLE XI
AIR OPERATIONS AREA SECURITY
Hedrick Beechcraft 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.
Hedrick Beechcraft 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 Hedrick
Beechcraft's failure to comply with this requirement.
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,
Hedrick Beechcraft shall not on the grounds of race, sex,
89AG007.CRP 11
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 , 1989.
ATTEST: HEDRICK BEECHCRAFT INC.
By
Name
Title
ATTEST: CHAPARRAL AVIATION, INC.
By
Name
Title
ATTEST: CITY OF CORPUS CHRISTI
City Secretary Juan Garza, City Manager
APPROVED this day of
, 1989.
HAL GEORGE, CITY ATTORNEY
By:
Assistant City Attorney
STATE OF
COUNTY OF
This instrument was acknowledged before me on
by
[Title] of Hedrick Beechcraft, Inc.,
89AG007.CRP 12
a [State] corporation, on behalf of
said corporation.
Notary Public, State of
Notary's Name (printed)
My commission expires:
STATE OF
COUNTY OF
This instrument was acknowledged before me on
by
[Title] of Chaparral Aviation, Inc., a
[State] corporation, on behalf of said
corporation.
Notary Public, State of
Notary's Name (printed)
My commission expires:
STATE OF TEXAS
COUNTY OF NUECES
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
Notary's Name (printed)
My commission expires:
89AG007.CRP 13
Page 1 of 2
EXHIBIT "A"
The premises subject to the foregoing Assignment of and
Amendment to Modification of Lease Agreement are described as
follows:
Starting at the intersection of the southwest
boundary of taxiway "P" and the southeast
boundary of taxiway "R" thence proceeding
northeast 150 feet to a point for a place of
beginning;
Thence turning left ninety degrees and
continuing northwest along the northeast
boundary of taxiway "P" for a distance of
1,250 feet for the southwest corner;
Thence turning right ninety degrees continuing
northeast for 350 feet for the northwest
corner;
Thence turning ninety degrees continuing
southeast along a line parallel to the
northeastern line of taxiway "P" for a
distance of 1,250 feet for the southeast
corner;
Thence turning right ninety degrees and
continuing southwest 350 feet to the place of
beginning.
In addition to the above described property, by Amendment to
Modification of Lease Agreement dated June 11, 1981, the following
1,770 square feet of unimproved area was added to the above-
described lease premises, particularly described as follows:
Beginning at the East corner of the present
lease, thence 10 feet in a southeasterly
direction;
Thence 90° in a southwesterly direction for
177 feet;
Thence 90° in a northwesterly direction for 10
feet;
Thence 90° in a northeasterly direction for
177 feet to the place of beginning,
Containing 1770 square feet.
Page 2 of 2
In
Modification tofnLease hAgre eemenbove tedatedeAud gust perty,
by Amendment to
22,
following 87,500 square feet of unimprovedsarea was8addedeto the
leased premises, particularly described as follows:
Beginning at the northeast corner of the
present lease, thence 250 feet in a
northwesterly direction;
Thence 90° in a southwesterly direction for
350 feet;
Thence 90° in a southeasterly direction for
250 feet)
Thence 90° in a northeasterly direction for
350 feet to the place of beginning,
Containing 87,500 square feet.
MINI "IMMIMIS
EXHIBIT "8"
The property subject to Hedrick Beechcraft's Right of
Refusal pursuant to Article I of the foregoing Assignment of and
Amendment to Modification of Lease Agreement, being an area
adjacent to the Northwest of the premises described on Exhibit
"A" attached to such Assignment of and Amendment to Modification
of Leaee Agreement, particularly described as follows:
Being an area 350 feet by 250 feet extending
in a northwesterly direction and abutting 250
feet on said taxiway "P"
Corpus Christi, Texas
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
day of �'CLL(ih.'^(" � , 198 /
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,
99.045.01
Council Members
c:JLLL. LyG4 GL
MAYOR
THE CITc OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Betty N. Turner
David Berlanga, Sr. (iL
Leo Guerrero ;
i11 iN _ n o r+ CI C 4i — :7 Ln
t- n r '._
f < L
N r 7 rr z u r' a ` L
of 4 i� r! :r ,_ n T
i Ji Q, n rl -1
rt nu a — •
t _ , J IP. V 9J Ea aELET Z. _
rt. - T 7'- - -J D rt r rD
al sl'n 1 a 7
. 7 a. p, c l t.
L1 -h -I 1 al -hi 0" -
E - ,Ti rt'H 71 r;l T c
O i— 1 i 0_ —1
,T ,^,1 0 Jl !- — rt!
3
!0 a S 0 ,< 7 CI ❑
S
rt 0 I °�y C 1 - W 1.0 _
-7-r
`T 0n rt 1 "1 r n] r.
It _ CI 7 r r -1 C a 0
-T!1 - 1 10 it 0 -0 J 1--
O r� m H 17 �, 0
• n r.. �'3 i I F-1 r+ p rr . H..: q, F< r
m n n ,Zi ST-" .': 10 r• N —.
▪ 0 CP
L a
rt L4n Cn n O J 0 -r-
• rt
rt < a T] _O-:170173 7 23
rt «.. m„ y .t in C
J 1 f J� - D 11 rn - . z u?
- 0 A a s c r+ < b
• an < -al 11 C- rl a 1 UI r 10 T.
N LE---EIP "' .t - N 0 0 F 7 Ti
‘..c `C ui 1L IC0 C -- :7
HH -1 —'iC0 -r—, m3 7 x
<r N. N •I- 777 DE
M - C a, e = < H <-
ja 1.. - _ 1' H
xL z. 0 _ H
J >
I :0 T n
2' nn' a
:.v
- ± r
R < -
H r 7
IA 5 n
• T > a
z
p - ."
• n =-
7,
10
L*,'
,r+.... z
r _ „
D N 0 G ul " 0
r u ri 1 illi
41 0 7 0.1 1
rt n = a
.'1• H T In 2 a.
• C In
1
1 al 7i : Y -<
n 1-1 f
], - <If r
51 a 12
�w=:-<2\did ,
7 2 \ o /} / \ \/ •\ \\G ,0„,,i
55
: _z-=!_ /)\);®;/Z
\ ^ Q \}§\G q\\ \\z (\