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HomeMy WebLinkAbout15041 ORD - 08/08/1979jkh:7-2-79;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICA- TION OF LEASE AGREEMENT WITH CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, THE SMALL BUSINESS ADMINISTRA- TION, AND CHAPARRAL AVIATION, INC., COVERING COMMERCIAL HANGARS AND FIXED BASE AVIATION LEASE PLOTS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, MODIFYING THE EXISTING ASSIGNMENTS AND LEASE AGREEMENT, AND PROVIDING FOR A NEW THIRTY (30) YEAR LEASE UPON COMPLIANCE WITH ARTICLE VIII, SECTION 2(c) BY CHAPARRAL AVIATION, INC., ALL AS SHOWN IN THE MODIFICATION OF LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a modification of lease agreement covering commercial hangars and fixed base aviation lease plots at the Corpus Christi International Airport, modi- fying the existing assignments and lease agreement affecting said premises, and providing for a new thirty (30) year lease to Chaparral Aviation, Inc., upon its compliance with Article VIII, Section 2(c) of the City Charter, all as shown and more fully set forth in the modification of lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "1". 15041 WHEREAS, by Ordinance No. 14976 , passed and approved by the City Council on July 3, 1979, the City .approved, subject to certain conditions, an assignment of lease to Chaparral Aviation, Inc., a Texas corporation, herein- after referred to as Chaparral; and WHEREAS, the parties hereto desire to modify the provisions of the said agreements governing their rights, interests, privileges and titles in the leased premises occupied by Assignors; NOW, THEREFORE, the following assignment and modification of lease agreement is hereby entered into by and between the parties hereto: PART I 1. The provisions of this Part I shall become effective upon execu- tion of this modification agreement by all of the parties hereto. 2. The above-mentioned assignments and lease agreement (with the exception of the assignment of interests to the Small Business Administration) affecting the leased premises occupied by Chaparral shall terminate and the provisions of Part II (below) shall become effective and constitute a new lease agreement of the premises described therein, if, prior to July 13, 1990, Chaparral complies with the provisions of Article VIII, Section 2(c) of the City Charter demised premises a new hangar, reasonably expected by the life greater than thirty (30) years and a value which in be commensurate with the value -of the new lease over its The new hangar shall have a ground -level area of not less than twelve thousand (12,000) square feet. Rental payments on twelve thousand (12,000) square feet for this hangar shall begin immediately upon by constructing on the City to have a useful thirty (30) years will thirty. (30) year term. execution of this modification agreement, regardless of whether the hangar has 'been, or is being built. If Chaparral does not comply with these requirements, Part II shall not become effective, and the presently effective assignments and lease agreement, as modified by Part I, will expire according to their terms, no later than July 13, 1990. 3. Chaparral shall ($75,000) rehabilitating the premises. This work must be this modification agreement a City. Failure by Chaparral spend at least seventy five thousand dollars presently existing hangars located on the leased completed within one year after the execution of nd in accordance with a plan acceptable to the to make such renovations within one year shall auto- -9- matically result in the lease expiring on July 13, 1990, notwithstanding Chaparral's compliance with Article VIII, Section 2(c) of the City Charter as described in #2 above. 4. Chaparral recognizes and shall assume the obligations relating to all existing incumbrances held by the Small Business Administration upon the leasehold and improvements on the demised premises. 5. Article VI (Rent) contained in Part II (below) shall become effective upon execution of this modification agreement by all of the parties hereto. -3- PART II HANGAR AND FIXED BASE OPERATOR'S LEASE This lease is entered into on the day and year below stated between the City of Corpus Christi, a home rule city, situated in Nueces County, Texas,hereinafter called City, and Chaparral Aviation, Inc., a Texas corporation, hereinafter referred to as Chaparral, upon these terms, performable in Nueces County, Texas. ARTICLE I DESCRIPTION OF LEASED SPACE City leases unto Chaparral an area designated for commercial hangar and fixed base operations located generally on the west side of the terminal building as shown on the attached drawing marked Exhibit "A" which •is made a part hereof as if copied verbatim herein and specifically 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 be- ginning; 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 premises, Chaparral 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 shown on Exhibit A and more particularly described as follows: Being an area 350 feet by 250.feet extending in a northwest- erly direction and abutting 250 feet on said taxiway "P". The Right of Refusal concerning this area shall be on the following terms and conditions: -4- 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 Chaparral and Chaparral 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 Chaparral 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. Chaparral 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 pro- fit related to or contributing in any way to aircraft sales, servicing and distribution or aerial navigation. -5- B. RIGHT TO USE AIR FIELD. Chaparral shall have the right to use the public areas and public airport facilities including the runways, taxi- ways, 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 ac- cordance with all reasonable and applicable rules, regulations, ordinances and Charter of the City. C. RIGHTS ENUMERATED. Chaparral 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 ad- jacent 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 faci- lities on said apron. In the event that the transient apron is operated as a separate business, then Chaparral 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 in- clude 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, aero- nautical charts, publications, caps, sunglasses, computers, radios, and other aviation related items normally sold and dispensed by commercial fixed base hangar operators. -6- 6. To rent, lease and charter aircraft and to engage in the business of teaching and/or otherwise instructing flying and aircraft mecha- nics. 7. To place and erect signs and advertising material within the hangars, offices and shops on the leased premises at Chaparral's discre- tion; and to place and erect signs and other advertising material on the outside of Chaparral'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 be subject to the approval of the Airport Manager; and to•place and erect -signs and advertising material at 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 re-' moval 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 Chaparral is prohibited from any such use or activity except as noted: 1. Ground Transportation for hire. Chaparral 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. Chaparral 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 Chaparral 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 Chaparral'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 reser- vations for hotels, motels and other lodging. -7- ARTICLE III CONSTRUCTION OF HANGARS AND IMPROVEMENTS Prior to construction of any hangar or improvements on the leased premises, Chaparral 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 Chaparral acknowledges that the premises have been inspected and accepts the leased premises in its present physical condition and will pay the total cost of developing said property. ARTICLE V TERM This lease shall be for a term of thirty (30) years, provided Chaparral has not defaulted in any of the terms, conditions, and provisions hereof. This term shall commence upon completion of construction of the hangar and all requisite conditions for compliance with Article VIII, Sec- tion 2(c) of the City Charter. ARTICLE VI RENT Chaparral will pay City a base rental fixed as of July, 1960 and supplemented as follows: 1. Three cents (3) per square foot per year for the area covered by hangars, shops, offices and/or other improvements. 2. One cent (10 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-third133-1/3%) percent of the gross income from parking and/or tiedown facilities located on any ramp that may be constructed in the ramp area, shown an Exhibit "A". 4. Two (2C) cents per gallon for each gallon of gasoline and/or other propellants and fuels purchased by Chaparral, except as to gasoline sold -8- to commercial airline aircraft holding valid operating contracts on the air- port. Chaparral 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. Chaparral 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. 6. At the end of each three year period after the execution of this lease, either City or Chaparral 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 the United States Bureau of'Labor Statistics for hourly wage rates 'of all workers in manufacturing and (8) of all commodity wholesale prices, and the numerator of which shall be the arithmetical average of said indices (A) and (B) for the last avdilable 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 1/4t per unit or no ad- justment shall be made, and all adjustments shall be made to the nearest 1/4¢. 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, seven and one-fourth (7 1/4¢) cents per square foot per year: Unimproved -9- area, two and one-half (2 1/2¢) cents per square foot per year; Flowage fee, four and three-fourths (4 3/4) 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, Chaparral 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 Chaparral and the total gross receipts on the above mentioned apron during the pre- ceding 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. Chaparral shall submit a like report and payment therefor for each succeeding month during the term of this lease. Chaparral 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 Chaparral will submit said reports and payments to the Airport Manager. City may designate others as agents to inspect Chaparral's books and records, such inspections to be performed at reasonable times during working hours. 8. In addition to all other remedies which City may have to enforce the obligations of Chaparral, City shall have a lien on all property of Chaparral placed on said premises for all moneys, rents, shares of gross receipts and other obligations of Chaparral. 9. By the term "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. -10- The term "public apron" shall include, in addition to the tran- sient 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 extend- ing 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 Chaparral by this lease. B. To make water, gas and wastewater service available upon the same basis as applies to residents within the Cit' of Corpus Christi. Chaparral shall pay all charges for water, gas, wastewater, electricity and other public utilities supplied to Chaparral and/or Chaparral's premises during the term of this lease as such charges become due and payable. ARTICLE VIII UNDERTAKINGS OF CHAPARRAL 1 Chaparral further covenants as follows: A. At his own expense, to improve the leased premises by the construction of hangars, offices, shops and/or other improvements, as herein- above mentioned, and to maintain said improvements and leased premises in a presentable 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 -11- located within the airport site; provided, however, that City may provide garbage service for a reasonable fee consistent with charges made to commer- cial establishments of a similar nature. To make adequate provision for and to dispose of waste oils and lubricants off the airport property and never put or allow to be put any such waste oils and lubricants into the airport wastewater system. 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 Chaparral 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 Chaparral's charges for student training, aircraft rental, air- craft storage and aircraft charter service and services specifically related to such service. ARTICLE IX GENERAL PROVISIONS A. INDEMNIFICATION. Chaparral 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, Chaparral 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 Chaparral, Chaparral's agents, servants, employees, construction contractors and invitees, and for those of its tenants and sublessees. Chaparral 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 assured. -12- Such policy shall, in addition, be endorsed to provide for cross -liability between the assureds. Such policy shall be in a form satisfactory to City. All such policies shall provide for a minimum of ten (10) days notice to City in the event of cancellation or material change in the terms thereof. B. NOTICES. Notices to City shall be deemed sufficient if in writing and mailed, postage prepaid, addressed to the Airport Manager, Route 2, Box 902, Corpus Christi, Texas 78410, or to such other address as may have been designated in writing by City from time to time. Notice to Chaparral shall be deemed sufficient if in writing and mailed, postage pre- paid, addressed to Chaparral at P. 0. Box 17628, San Antonio, Texas 78217. C. TAXES. Chaparral 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 Chaparral and City. E. DESTRUCTION. In the event that Chaparral'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 Chaparral 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 Chaparral's improve- ments or the airport facilities reasonable and necessary for Chaparral to conduct Chaparral's business are partially destroyed or damaged due to acts of God or other acts outside the control of Chaparral and/or City to such extent that the leased premises may not economically be used for the uses 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 -13- Chaparral's improvements, to either declare the lease terminated, suspended or to require Chaparral to repair his improvements, and fix the time within which such repairs shall be made. F. SUBORDINATION. This lease shall be subordinate to the pro- visions 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 Chaparral 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 Chaparral shall have no further right or interest in any of the leased premises or rights, uses or other interests contained in this agreement, and Chaparral will vacate and remove all equipment placed thereon by Chaparral prior to the execution of this lease, unless Chaparral and the City renegotiate said lease and enter into a mutually satisfactory lease extending the term hereof. Chaparral shall have one hundred twenty (120) days within which to remove Chaparral's equipment and personal property, and in the event Chaparral 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 Chaparral will reimburse City for its expense. 2. At the termination of this lease all improvements placed on the lease by Chaparral 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 Chaparral, unless within said time Chaparral has fully complied with the rental provisions. Default in any of the other covenants on the part of Chaparral shall likewise give City the right to terminate this lease at any time -14- after thirty (30) days notice in writing has been given Chaparral, unless within said time Chaparral has fully corrected the condition creating the default. City will specify in such default notice the lease provision under which City claims that Chaparral 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 Chaparral prior to any sale, reassignment, transfer or subassignment of this lease. Should Chaparral borrow money or otherwise finance the improve- ments 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 Chaparral's failure to pay, said lender, financing agency or guarantor may operate the lease subject to all of its provisions, provided all obligations of Chaparral are met and all payments owing be paid. ARTICLE XI AIR OPERATIONS AREA SECURITY Chaparral 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. Chaparral 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 Chaparral'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. -15- ARTICLE XII CIVIL RIGHTS In exercising any of the leased rights or privileges, Chaparral shall not on the grounds of race, sex, 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. ARTICLE XIII PRIOR INTERESTS Chaparral recognizes and shall assume the obligations relating to all existing encumbrances held by the Small Business Administration upon "the leasehold and improvements on the demised premises. EXECUTED on this day of 1979. ATTEST: CHAPARRAL AVIATION, INC. By ATTEST: SMALL BUSINESS ADMINISTRATION By ATTEST: CORPUS CHRISTI BANK & TRUST COMPANY By ATTEST: CITY OF CORPUS CHRISTI By City Secretary APPROVED: , 1979: J. BRUCE AYCOCK, CITY ATTORNEY 13y Assistant City Attorney birector of Finance R. Marvin Townsend, City Manager THE STATE OF TEXAS COUNTY OF NUECES appeared CORPORATE ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of , for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1979. Notary Public in and for Nueces County, Texas My commission expires: CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS ) COUNTY OF NUECES ) BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of , for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the , 1979. day of Notary Public in and for Nueces County, Texas My commission expires: THE STATE OF TEXAS COUNTY OF NUECES appeared CORPORATE ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of , for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1979. THE STATE OF TEXAS ) COUNTY OF NUECES ) BEFORE ME, the undersigned authority, on this day personally appeared Notary Public in and for Nueces County, Texas My commission expires: CORPORATE ACKNOWLEDGMENT , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of , for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the , 1979. day of Notary Public in and for Nueces County, Texas My commission expires: .L.'":":; ..): L' 7.01.: -• t! ,' • I 1 II i: ts L z..1.:t' ' . ......") 1.4 44 r• na4rOti•al A 7,Ls t, o I- r III 'i=. . ',..:' -1?.... i Ct. %, I. 1-; • • 1 . . :: z; — "'" I- '-',: '',' .. • t '1 • i ' I. II • --"Ci. • ' 1, K•At/Ilttial dets '..... o'f. .i J...--, • .„ . . ., 1 !.1 „ • ,,..:::-...,.-..:...:::•:...,... . ,-, •-,-?,!--- -1-v, 1.1 ',.:‘•.`, I:I 211.:: .0 •• \.,.. /"k,\. ..:/.,.....:,..: .t.'..:....)1.•,,;'...:::. ' '„: l' pi 1-..:!' --,, .:x \.;, -.• .. . .,.<.:•,...,,,, . :,--....7--.-,:li.::.•.,=. ,...• f - .,- , 5',.. .• - ,‘,,,,,- . ...I .kt, -,..:•'::. :. 'ef,,, ''', //(.' \..... ''' ,,! , • • '': • 7',1 \ A \ ..., ( .'', 7.:—..—.•••••—•'... t.:. 7i il 1 —• •\ .• ,,,,,:..e• 71 Pr ' '1 ' ' .:1 /A.% t : 1 • • '''.• : 1 ' .... ,,..11......4L1 . ...• , .• I. ' \I '''''.. , i.".: . • .'.i ';' ' 1 L' ‘: t--;;;;;., I;i ...t.• L: ,..., • *. • • , { That the foregoing ordinance was read second reading on this the 3 day following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance was read third reading on this the « day following vote: for t of. Ofir/t time and passed to its 197f , by the for the second time and passed to its of OJ, , 19 -19 , by the Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the forego4ng ordinance was read for on this the 5( day of a , Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the day ATTEST: 4t'f ec </<W24--e APPROVED: g,,( DAY OF :WI , 19`11 : J. BRUCE AYCOCK, CITY ATTORNEY By414.. cb Assistant City Attorney the third time and passed finally 19 --(Q , by the following vote: of (�u 41a0 MA , 19 -14c . THE TY OF CORPUS CHRISTI, TEXAS 15041 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, !ss: -County_ of Nueces. Before me, the undersigned, a Notary Public, the -lay, personally came ~ 7 Elmer Rodela who being first duly sworn. accordingto' law, 'rew, sys that he is the Accounting Clerk of the Corpus Christi Caller and The-Gnruus C' *isti Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the p.biication of PUBLIC NOTICE Notice is hereby given that the City Council of the City of Corpus..... . Corpus Christi Caller -Times of which the annexed is a true copy, was published in on the.1§tilday of July 18 79 and,once each Mill rral�c� : consecutive 1 Times. Elmer Rodela g 22,40 Accounting Clerk Subscribed and sworn to before me this 20.th..__.day of.._July 19 70 cr T Notary Public, Nucces County, Texas Lois Winn PUBLIC NOTICE~i� Notice is tgreby given that' City Council of the City of CorpUfChriit has, odthe llth daY of July, 1979 approved on second reading, previously ap- proved on first reading on the 3rd day of July, 1979, an ordi- nance authorizing the City Man- ager to execute a modification of lease agreement with Corpus Christi Bank and Trust Com- pany, trustee, the Small Bust -I ness Administration,'and Chap- arral Aviation; Inc., covering commercial hangars and fixed base aviation lease plots at the Corpui Christi Infernatlonal Airport, modifying tha'existing assignments and lease agree mint, and providing for a nevi\ }htrly (30) year lease upon corn-, pliance with Article VIII Section 2(c) by Chaparral Aviation, Inc! The full text of this ordinance Id available to the public in the OF floe of the City Secretary. WITNESS my hand chit 1 ti day of July, 1979. -543111 G Read City Secretar' orpus Christi, Texas • 9 _„ t'` rr ,. JJ ,7 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, tss: County of Nueces. Before me, the undersigned, a.Notary Public, this day personally came Elma Rodela , who being first duly sworn, according to law, says that he is the { Accounting Clerk of the Corpus Christi Caller and The Cornus Christi Times, Rally Newspapers published at Corpus Christi, Texas, in said County and State. and that the publication of gblic Notice Notice is hereby liven that the Ciyy Council of dip :City of Corp is __ o -(which the annexed is a true copy, was published in Cornus Christi Caller -Times on the_9t1_ day of consecutive 1 July 19 79 , and -once each 3IA1>sYi"Kit — Times. $ 22. 40 Elma Rodela Accounting Clerk 79 Subscribed and sworn to before me this ll day of July 19 Lois Winn/ Notary Public, Nueces County, Texas 1 PUBLIC NOTICE Notice Is hereby given that the City Council of the City of `pus €hrigi-has,_on the 3rd day of July, 1979 approved on faetir ,1I ordinance o execute ng t dii1y Manager to execute a modification of lease? agreement wlttl Corpus Christy Bank and Trust Company, trustee,.the SI'nall_Bu lgess Ad- ministration, and Chaparral Aviation, Inc, covering corn- mercial hangars and fixed base ' ^ "- aviation lease plots at the Cor- pus Christi International Air- port, modifying the existing as- signments and lease agreement, and providing for a new thirty (30) year lease upon compliance with Article VIII, Section 1(c) by Chaparral Avia- tion, Inc. The full text of this ordinance is available to the. public In the Office of the City' Secretary. WITNESS my hand this 5th day of July, 1979. -5- Bill G. Read! CO Secretary? City of Corpus Chrlsti..Texas • rr PUBLISHER'S AFFIDAVIT STATE OF TEXAS, >ss: County of Nueces. Before me, the undersigned, a,Notary Public, this day personally came Elma Rodela , who being first duly sworn. according to law, says that he is the t Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State. and that the publication of _„g_µb1ic Notice Notice is hereby given that the. Cijry Council of thg ;City of Corp is dfwhich the annexed is a true copy, was published in • Corpus Christi ,Caller -Times on the. 9th day of July 19 79 , and -once each Xlil3Wal '131. consecutive 1 Times. $22,40 S Elma Rodela ZOZW Accounting Clerk Subscribed and sworn to before me this 11th day of July 19.....79: Lois Winn\4;4) 1 ` Notary Public, Nueces County, Texas • ' PUBLIC NOTICE Notke Is hereby given that the City Council of the City of 15610us tNla((-has,_on the 3rd day of July, 1979 approved 0n rparin099IOae Cor Ma:nce ty pager (0 execute a modification of lease , agreement with Corpus Christ) Bank and Trust Company, frustee„the SI'nalL Btj jpess Ad- ministration, and Chaparral Aviation, Inc, covering com- mercial hangars and fixed base aviation lease plots at the Cor- pus Christi International Air- port modifying the existing as- signments'and lease agreement and providing for a new thirty (30) year lease upon compliance with Article VIII, Section 2(c) by Chaparral Avia- tion, Inc The full text of this ordinance Is available to the public In the Office of the City Secretary. WITNESS my hand this 5th day of July, 1979. -5- Bill G. Rear City Secreta City of Corpus Chrlsti..Texas�_-, Council Member Best MOTION moved and Council Member Turner seconded the motion that the ordinance authorizing the City Manager to execute a modification of lease agreement with Corpus Christi Bank and Trust Company, Trustee, the Small Business Administration, and Chaparral Aviation, Inc., covering commercial hangars and fixed base aviation lease plots at the Corpus Christi International Airport, read on the first of three readings on July 3, 1979, and on the second of three readings on July 11, 1979, be and is hereby amended prior to its third reading as follows: A. Fill in the Ordinance No., 14976, in the sixth "Whereas" clause, top of page 2. B. Correct Article II, Section C, paragraph 7 as follows: 1. Change the comma to a semicolon after the words "Chaparral's discretion" in the second line. 2. Change the semicolon to a comma following the words "shops and offices" in the fourth line. 3. Delete the comma following the word "premises" in the fifth line, and add the words "and be" following the word "premises" and before the words "subject to the approval of the Airport Manager." Add a semicolon following the words "Airport Manager" and add the word "and" between "Airport Manager;" and "to place and erect signs." C. Amend paragraph 4. under Article VI, RENT, by adding the words "as to gasoline sold" between the words "except" and "to commercial airline aircraft" in the second and third lines. PASSED August 8, 1979