HomeMy WebLinkAbout030809 ORD - 04/12/2016 Ordinance authorizing the City Manager, or designee, to execute a
second amendment to the lease between Mercury Air Center —
Corpus Christi, Inc., dba Atlantic Aviation ("Atlantic"), Atlantic
Aviation FBO Holdings, LLC ("Atlantic Holdings"), and the City for
completion of $3,300,000 in capital improvements for an additional
15-year lease term; authorizing the execution of a short-term license
agreement as part of the second amendment; and providing for
severance, publication, and an effective date.
WHEREAS, by Ordinance No. 030016, the City Council approved the Amended
and Restated Hangar and Fixed Base Operator's Lease ("Lease") for a five-year term
on November 19, 2013, which Lease was later amended ("First Amendment") by
Ordinance No. 030393 on March 14, 2015;
WHEREAS, Atlantic and Atlantic Holdings desire to exercise three five-year
options to extend the term of the Lease to January 19, 2034, in exchange for an
investment of $3,300,000 in capital improvements to be completed at the Lease
premises; and
WHEREAS, the City, Atlantic, and Atlantic Holdings desire to execute a second
amendment ("Second Amendment") to the Lease for the purpose and reasons stated in
this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee ("City Manager"), is authorized to
execute a Second Amendment to the Lease between Atlantic, Atlantic Holdings, and the
City for the exercise of an additional 15-year lease term in exchange for an investment
by Atlantic and Atlantic Holdings of $3,300,000 and full completion of the planned
capital improvements, as stated in the Second Amendment. As part of the Second
Amendment, the City Manager is also authorized to execute a short-term license
agreement with Atlantic and Atlantic Holdings for use of real property adjacent to the
Lease premises for the temporary placement of portable buildings to be used during
completion of the capital improvements.
SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance is held invalid or unconstitutional by final judgement
of a court, it may not affect any other section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word, or provision of this
ordinance be given full force and effect for its purpose.
SECTION 3. Publication of this ordinance must be made in the official publication of the
City of Corpus Christi as required by the City Charter.
SECTION 4. This ordinance is effective on and after the 61st day passage.
030809
INDEXED
The foregoin ,ordinance was read for the first time and passed to its second reading on
this the ' day of if CU'G/J , 2016, by the following vote:
Nelda Martinez , , ! Brian Rosas
_all_
Rudy Garza _ /A Lucy Rubio t {,A,L
Chad Magill AMark Scott —I/4—
Colleen McIntyre I A! Carolyn Vaughn
The foregoing ordinance was read for the second time and finally passed on this the
I r2,-"day of Q, , 2016, by the following vote:
Nelda Martinez Li / Brian Rosas
—6)-Iji
Rudy Garza itlf Lucy Rubio
♦ /�
Chad MagillA—Cit— Mark Scott a,
Colleen McIntyre , . Carolyn Vaughn 1 r
Michael Hunter A. A 1
I
PASSED AND APPROVED this the I Z day of aplak, , 2016.
ATTEST: CITY F CORPUS CHRISTI
R.1--,4_,e,
Rebecca Huerta Nelda Martinez
City Secretary Mayor
EFFECTIVE DATE
b l I J_ ____ 03O8 9
Or.nance—Atlantic FBO Lease Second Ame .ment Page 2 of 2
•r+
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 989361
PO#
Before me,the undersigned, a Notary Public,this day personally came GEORGIA LAWSON, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely,the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval,
Jim Hogg, Jim Wells, Kleberg, Live Oak,Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE Ordin which the annexed is a true copy, was
inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 03/13/16 Sun
CC-Internet - caller.com 03/13/16 Sun
LEGAL SALES REPRESENTATIVE
On this ' day of , 20 1 LQcertify that the attached document is a true
and exact copy made by publisher.
iLI-12__S2---
Notary Public, State of Texas
- --�� �I E JOYCE CABRERA
` ': MTMY CHENotary ID#i 292 3
-/� ;'? Expires Mer
CALLER TIMES K Sunaay, March 13,2016 K 7E
Legals
NOTICE OF PASSAGE OF
ORDINANCE
Ordinance-authorizing the
City-Manager, or designee,
to execute a second amend-
ment to the lease between
Mercury Air Center - Cor-
pus Christi,Inc.,dba Atlantic
Aviation ("Atlantic"), Atlan-
tic Aviation FBO Holdings,
LLC ("Atlantic Holdings"),
and the City in exchange for
an investment of$32300,000
in capital improvements for
an additional 15-year lease
term;authorizing the execu-
tion of a short-term license
agreement as part of the
second amendment; and
providing for severance,
publication, and an 'effec-
tive date. This ordinance
was passed and approved
on first reading by the Cor-
pus Christi City Council on
March 8,2016.
/s/Rebecca Huerta
City Secretary
>ti
•
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 1045075
PO #
Before me, the undersigned, a Notary Public, this day personally came ( 5uNr - , who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely,the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval,
Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE NO. 0 which the annexed is a true copy, was
inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 04/17/16 Sun
CC-Internet - caller.com 04/17/16 Sun
LEGAL SALES REPRESENTATIVE
On thi ' . day of I U— , 20 certify that the attached document is a true
and exact copy made by publis er.
Notary Public, State of Texas
•`tp; MICHELLE JOYCE CABRERA
•
: My Notary ID#124864183
.,;:s
Expires March 19,2020
6E x•Sunday,April 17,2016»CALLER TIMES
NOTICE OF PASSAGE OF
ORDINANCE
Nrizi gOtthhe Ordinance
designee,to execute a sec-
ond amendment to the lease
between Mercury Air Center
- Corpus Christi, Inc., dba
Atlantic Aviation ("Atlan-
tic") Atlantic Aviation FRO
Holdings"), and the Citynfor
completion of $3,300,000 in
capital improvements for
an additional 15-year lease
term;authorizing the execu-
eeet -ttlfeteagrmnaspparoh
second amendment; and
providing for severance,
publication, and an effec-
tive date. This ordinance
was passed and approved
bythe
on April 12, 2016 and is
effective s%Rebecca Huerta
City Secretary