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<br />e e <br /> <br />STATE OF TEXAS { <br />{ <br />COUNTY OF HARRIS { <br /> <br />AGREEMENT <br /> <br />This Agreement made and entered into by and between the City <br />of La Porte, a municipal corporation of Harris County, Texas, <br />hereinafter called "ci ty"; Bayport Aviation, Inc., a Texas business <br />corporation, hereinafter called "Bayport"; Tri Star Aviation, Inc., <br />a Texas business corporation, and Dan H. Maarouf, David H. Maarouf, <br />and David L. Durbin, hereinafter collectively called "Lessee"; and <br />citizens Bank & Trust Company of Bay town, Texas, hereinafter called <br />"Bank" . <br /> <br />I. <br /> <br />City has heretofore entered into that certain Agreement of <br />Lease for Fixed Base Operation at the City of La Porte Municipal <br />Airport, as Lessor, with Bayport Aviation, Inc., as Lessee, which <br />Agreement of Lease is dated January 1, 1985, hereinafter called <br />"Lease", reference to which is here made for all purposes. <br /> <br />Bayport Aviation, Inc. has heretofore entered into an <br />Assignment of "Lease" for financing purposes with citizens Bank & <br />Trust Company of Bay town , Texas, dated the 23rd day of September, <br />1988, hereinafter called the "Bank Assignment", reference to which <br />is here made for all purposes. <br /> <br />Bayport Aviation, Inc. has entered into agreement dated the <br />day of , 1993, with Tri Star Aviation, Inc. for <br />sale of certain assets of Bayport to Tri Star, and the assignment <br />of Bayport's Lease to Tri Star at City's Municipal Airport, which <br />assignment of lease is subject to approval of City. <br /> <br />For and in consideration of the mutual covenants and <br />agreements herein contained, the parties have entered into this <br />Agreement, and do hereby mutually undertake, promise and agree, <br />each for itself and its successors and assigns, as follows: <br /> <br />II. <br /> <br />Pursuant to the terms and provisions of a separate agreement <br />between Bayport and Tri Star, Bayport has assigned to Tri Star, its <br />Agreement and Lease for Fixed Base Operations at the City of La <br />Porte Municipal Airport, effective February 1, 1994. City agrees <br />to approve said assignment under the terms as provided by Article <br />X of the Lease upon the terms, conditions, and provisions of this <br />Agreement. All provisions of the Lease shall be fully binding upon <br />Lessee. <br /> <br />Revised: January 24, 1994 <br />