HomeMy WebLinkAboutC2010-337 - 8/31/2010 - ApprovedSECQND AMENDIItI~NT
TO THE
LEASE AGREENII=NT
BETWEEN THE
CITY QI= CARPUS CHRISTI,
ATLANTIC AVIATION FBO HOLDINGS, LLC,
AND
MERCURY AIR CENTER---CARPUS CHRISTI, INC,
This second amendment ("Second Amendment") to an existing lease agreement is
made by and betty®en the City of Corpus Christi ("City"), Atlantic Aviation FBO
Holdings, L.L.C. ("Atlantic"), a aelaware limited liability company, and Mercury Air
Center-Corpus Christi, Inc., a `Cexas corporation, doing business as Atlantic Aviation
{"MAC-CG").
WHEREAS, a lease far real property located at the Airpart was assigned to Chaparral
Aviation, effective October 1~4, 1979, for a period ofi 30 years (the "Lease");
WHEREAS, through a series of subsequent authorized tease assignments, the Lease
was assigned to MAC-CC, with all Lease provisions guaranteed by Atlantic;
WHEREAS, the parties executed a first amendment ("First Amendment") to the Lease
to reinstate the Lease, extend the term for an additional year, and formally recognize
the continuing lease guarantees; and
WHEREAS, the parties to this Second Amendment desire to extend the Lease for an
additional three months.
Section 4. Section 2 of the Lease is amended by changing the Lease termination date
and revising the section to read as follows:
"2. Term. This lease is for a term of 30 years beginning October 14, 1979, the
assignment to Mercury Air Group, Inc. ("Mercury"), is effective on July 1fi, 1996,
and the subsequent assignment tv Mercury Air Center-Corpus Christi, Inc.
(`"MAC-CC"), is effective on November 19, 2fl02, if MAC-CC does not default in a
condition or provision of this, Lease. This lease is subject to the assignment and
assumption of guaranty agreement ("Assumption Agreement") dated September
13, 2007, in which the City consented tv the transfer of the Lease guarantees
from Mercury tv Macquarie FBO Holdings, L.L.C., a Delaware limited liability
company, now known by its company Hams of Atlantic Aviation FBO Holdings,
L.L.C. ("Guarantor"). If authorized by the City and agreed to in writing by MAC-
CC and Guarantor, the original term of this lease maybe extended for an addi-
tions! ene ~yea~ fifteen-month period, terminating January '14.
2011."
2010-337
Ord. 028747
081311H
Atlantic Aviation FSO Holdings
INQEXED
Sectlot~ ~. ~y eacecuticn of #his Second Amendment, the parties agree to extend the
terra of the lease for an additional Three months, ending January 14, 20 ~ 1. All terms
and conditions of the i_ease not changed by the First Amendment and this Second
A~~nendment remain the same and in full farce and effect.
E~(EGTED IN QUADRUL.ICATE, each cif which is considered an original, on this the
~~ day of ~ , 20 ~ 0.
~rT~ST~
_~~~
Armando Chaps
City Secretary
APPR®1~ED RIS TC9 l=t7RlSlI: ~ , ?tl! 0
tza h H. ~iundiey.
Assi nt City Attorney
for the City Attorney
CITY OF C+bRPUS CHRISTI
t
` n el R. Escobar ~~
City Manager
(iE3CECUTION PACE CC}I~ITII~UES)
~. ~~~ ~MITItOiRICEa
~ CAtIlfCIL D ~ 1.,.,.~
sEC~~r,~y
Atfentlc Aviation Lease 2nd Rmdmt DreEtl31 0'a$e 2 of 4
LEASE GUARANTOR: Atlantis Aviation FBp Moldings, L.L.C., formerly known as
Macquarie FBQ Holdings, L,L.C., a Delaware limited liabiili#y company
By: _
Printed Name: t~~v ~/LO' ~
Title: ~ ~ ~ C-~~ta~~
Date: ~ ~3 / a
ACKNOWLEDGMENT
STATE C3F V ~/' §
§ KNOW ALL BY TWESE PRESENTS:
COUNTY Ol=
' Instr # was acknowledged before me on 3 , 2010,
by , an east ' riz representative of Atlantic
Aviation FBO Holdings, L.L.C., formerly known as Macquarie FBO Holdings, L.L.C., a
Delaware limited liability company, on behalf of the company.
Notary Pub c, State of -.-- --- -~-
IGHELLE fll~'A310
t?up1k; State bf New YorR
tNo. 49847'rs3
lified;n 3uttolk Y
~bmmi~s~on ~xpiras 1~~ 31t, 2Q
Atlantic Aviation L®gse Znd Amdmt Dratt0l Page 4 of 4
LESSEE: Mercury Air Center-Corpus Christi, Inc., doing business as Atlantic Aviation, a
Texas carporatior~"1
8y:
~'rinted ~ ame; ~~`~ ~rL~ 5~
Date: ~ Z ~ f D
ACKNOIfVLED(aMENT
STATE S)F /i/ ~' §
KNQW ALL 13~ THESE PRESENTS:
GOlJNT1P' OF .
This ' strfJme was aclcnawledged before me on , 201 q,
by , an out riz representative of
Mercury !r Center orpus Christi Inc., doing business as At antic Aviation, a Texas
corporation, an behalf of the corporation.
~~
I'Jof~Pjr P Iic,~State of Texas ..
~. ' . e-.~:~ f~~a~ASta
Nofar~ Pibli~, State of New Yak
`No.4$94753
qualified in Suffolk County
Commission l=xpires May 22, 20
(EXECUTION PAGE CONTINUES)
Atlantic Avlattoa Lease 2nd Amdmt DraftD1 Page 8 of 4