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HomeMy WebLinkAbout15042 ORD - 08/08/1979'rljkh:7-2-79;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE AN ASSIGNMENT OF LEASE AGREEMENT FROM CORPUS CHRISTI BANK AND TRUST COMPANY TO CHARLES N. RAYBURN, COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS SHOWN AND MORE FULLY DESCRIBED IN THE ASSIGNMENT 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 C ITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to accept and approve an assignment of lease agreement from Corpus Christi Bank and Trust Company, Trustee, to Charles N. Rayburn, covering a commercial hangar and fixed base aviation lease plot at the Corpus Christi International Airport, all as shown and more fully described in the assignment of lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "1!'. MICR 11.111 D JO 211* 15042 ASSIGNMENT OF LEASE AGREEMENT THE STATE OF TEXAS 1 COUNTY OF NUECES 1 This agreement is entered into on the day and year below stated between the Corpus Christi Bank and Trust Company, Trustee, hereinafter called Assignor, and Charles N. Rayburn of Kenedy County, Texas, hereinafter referred to as Assignee, upon these terms, performable in Nueces County, Texas. WHEREAS, the Assignor herein, the Corpus Christi Bank and Trust Company, Trustee, has, by agreement with the City of Corpus Christi, legally become the Lessee of certain lands and lease sites, certain por- tions of which are designated for commercial hangar and fixed base operations, all as shown on the Master Plan of the Corpus Christi International Airport on file in the office of the Director of Public Utilities of the City of Corpus Christi, and as located within the site of the Corpus Christi Inter- national Airport, Nueces County, Texas; and WHEREAS, the aforesaid agreement between the Corpus Christi Bank & Trust Company, Trustee, and the City of Corpus Christi, was duly and le- gally approved by the qualified voters at an election held on August 29, 1959; and WHEREAS, all previously approved assignment agreements relating to the subject demised premises have been terminated by the City of Corpus Christi by Ordinance No. 14977 , passed July 3, 1979; and WHEREAS, Assignee proposes to engage in commercial hangar and fixed base aviation operations, as hereinafter defined, at Corpus Christi International Airport; and WHEREAS, Assignor deems it advantageous to assign unto Assignee a site on the said Airport, as shown and described on Exhibit "A", which is attached hereto and made a part hereof, as more particularly described hereinafter, together with those privileges, rights, uses and interests in- cident thereto, as hereinafter set out; and. WHEREAS, Assignee has assumed a loan from the Small Business Ad- ministration in consideration of which the Assignee plans to enter into an Assignment of Lease Assignment and Agreement; and WHEREAS, Assignee desires to obtain and avail itself of said area, as hereinafter described, and of those privileges, rights, uses and interests incident thereto, as hereinafter set out: NOW, THEREFORE, in consideration of the premises and for and in consideration of the charges, fees, rentals, covenants and agreements con- tained herein, the parties hereto do hereby agree as follows: .ARTICLE I ' RIGHT TO ASSIGN The City of Corpus Christi, a municipal corporation, situated in Nueces County, Texas, hereinafter called the City, the sponsor and owner of the Corpus Christi International Airport, does by the acceptance of this assignment and agreement, agree to all of the terms and conditions set out herein and agrees that in the event of a judicial determination that this agreement was entered into contrary to law as between Assignor and Assignee or that Assignor, Corpus Christi Bank & Trust Company, did not have legal authority to enter into this assignment, then the City agrees to take whatever reasonably necessary steps may be required to provide Assignee with a good and valid assignment or lease of the space hereinafter described. It is understood by and between the parties hereto that this assignment and agreement must be accepted and approved by the City Council of the City of Corpus Christi, acting by and through its City Manager, in writing noted herein, before the City is bound by any of the terms or condi- tions set forth herein. ARTICLE II DESCRIPTION OF ASSIGNED SPACE Assignor does hereby assign unto Assignee, subject to all of the terms, conditions and covenants of this agreement, and the agreement between the City of Corpus Christi and Assignor as.hereinabove described, an area designated for commercial hangar and fixed base aviation operations located generally on the northeast side of the Terminal Building within the area and all as shown and described on the attached drawing marked Exhibit "A", which is made a part hereof for all intents and purposes as if copied verbatim herein, said area hereby leased being a tract of land extending 760 feet east and west and 200 feet north and south and com- prising 152,000 square feet. -2- ARTICLE III PRIVILEGES, RIGHTS, USES AND INTERESTS A. USE OF LEASED PREt1ISES. Assignee shall use the 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 instru- ments, 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. Assignee shall have the right to use the public areas and public airport 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 naviga- tion, and in accordance with all reasonable and applicable rules, regula- tions, ordinances and Charter of the City. -3- C. RIGHTS ENUMERATED. Assignee 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 facilities on said apron. In the event that the transient apron is operated as a separate business, then Assignee 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, aero- nautical 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 Assignee's discre- tion: and to place and erect signs and other advertising material on the ' outside of Assignee's buildings, shops and offices; provided that the size -4= 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, pro- vided 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 of any of them at any time. D. ACTIVITIES AND USES EXPRESSLY PROHIBITED. The following activities and uses are expressly excluded from this lease and Assignee is prohibited from any such use or activity except as noted: 1. Ground Transportation for hire. Assignee may provide ground transportation for its employees and aviattion customers as a service except that said service may not be offered to the general public on a commercial basis. 2. Western Union. Assignee 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 Assignee 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 Assignee'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 IV CONSTRUCTION OF HANGARS AND IMPROVEMENTS Prior to construction of any hangar or improvements on the premises, Assignee 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. -5- ARTICLE V ACCEPTANCE OF PREMISES Assignee 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 VI TERM This assignment shall be for a term of approximately eleven (11) years, commencing on the date of execution hereof and terminating on July 13, 1979, provided Assignee has not defaulted in any of the terms, conditions, and provisions hereof. ARTICLE VII RENT Assignee 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 (1) per square foot per year for the area within the 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 Assignee, except as to gasoline sold to commercial airline aircraft holding valid operating contracts on the airport. Assignee 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. Assignee will not be charged for storage tanks within premises, except ground rental,and will submit storage tank plans to the City for approval prior to installation. Fuel storage sites on property outside these premises will require a separate lease. -6- 6. At the end of each three-year period after the execution of this agreement, either City of Assignee 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 (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 1/4¢ per unit or no adjust- ment shall be made, and all adjustments shall be made to the nearest 1/4t. 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 area, two and one-half (2 1/2¢) cents per square foot per year; flowage fee, four and three-fourths (4 3/40 cents'per gallon. Ground rental 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 assignment. On the first day of the next calendar month after the rentals begin under this lease, Assignee shall prepare a report in writing on a form approved by City showing the total number of gallons -7- of gasoline fuels and/or other propellant purchased by Assignee 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. Assignee shall submit a like report and payment therefor for each succeeding month during the term of this assignment. Assignee 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 assignment and Assignee will submit said reports and payments to the Airport Manager. City may designate others as agents to inspect Assignee'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 Assignee, City shall have a lien on all property of Assignee placed on said premises for all moneys, rents, shares of gross receipts and other obligations of Assignee. 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 "H" 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 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. -8- ARTICLE VIII 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 Assignee by this assignment. B. To make water, gas and wastewater services available upon the same basis as applies to residents within the City of Corpus Christi. Assignee shall pay all charges for water, gas, wastewater, electricity and other public utilities supplied to Assignee and/or Assignee's premises during the term of this assignment as such charges become due and payable. ARTICLE IX UNDERTAKINGS OF ASSIGNEE Assignee further covenants as follows: A. At his own expense, to improve the premises by the construc- tion of hangars, offices, shops and/or other improvements, -as hereinabove mentioned, and to maintain said improvements and 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 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 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 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 nondis- criminatory basis to all users thereof, and to charge a fair, reasonable and -9- nondiscriminatory price for each unit of sale or service; provided that Assignee 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 regu- late Assignee's charges for student training, aircraft rental, aircraft storage and aircraft charter service and services specifically related to such service. ARTICLE r X GENERAL PROVISIONS A. INDEMNIFICATION. Assignee is and shall be deemed to be an independent contractor and operator responsible to all parties for its res- pective 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, Assignee 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 Assignee, Assignee's agents, servants, employees, construction contractors and invitees, and for those of its tenants and sublessees. Assignee 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. Said 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 Assignee shall be deemed sufficient if in writing and mailed, postage pre- -10- paid, addressed to Assignee at P. 0. Box 419, Kenedy, Texas 78119 C. TAXES. Assignee will pay any and all real and personal property taxes levied from time to time upon the improvement placed upon the 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 Assignee and City. E. DESTRUCTION. In the event that Assignee'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 Assignee 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 Assignee's improvements or the airport facilities reasonable and necessary for Assignee to conduct Assignee's business are partially destroyed or damaged due to acts of God or other acts outside the control of Assignee and/or City to such extent that the premises may not economically be used for the uses and purposes for which assigned, then this agreement and assignemnt 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 assignment terminated or suspended or to re- pair the airport facilities or in case of damage or destruction to Assignee's improvements, to either declare the assignment terminated, suspended or to require Assignee to repair his improvements, and fix the time within which such repairs shall be made. F. SUBORDINATION. This assignment 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 execu- tion 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 assignment out from the control of City or to substantially destroy the -11- commercial value of the premises, then City must provide adequate premises to Assignee or this agreement shall terminate. G. TERMINATION. This agreement shall terminate at the end of the term set forth in Article V hereinabove, and Assignee shall have no fur- ther right or interest in any of the premises or rights, uses or other interests contained in this agreement, and Assignee will vacate and remdve all equipment placed thereon by Assignee prior to the execution of this assignment, unless Assignee and the City renegotiate said assignment and enter into a mu- tually satisfactory assignment or lease extending, the term hereof. Assignee shall have one hundred twenty (120) days within which to remove Assignee's equipment and personal property, and in the event Assignee 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 Assignee will reimburse City for its expense. H. CANCELLATION. Default in payment of any of the rentals shall give City the right to terminate this assignment at any time after thirty (30) days notice in writing has been given to Assignee, unless within said time Assignee has fully complied with the rental provisions. Default in any of the other covenants on the part of Assignee shall likewise give City the right to terminate this assignment at any time after thirty (30) days notice in writing has been given Assignee, unless within said time Assignee has fully corrected the condition creating the default. City will specify in such default notice the provision under which City claims that Assignee is in default, and the acts of omissions giving rise to the claimed default. ARTICLE XI TRANSFER OF ASSIGNMENT The written authority of the City shall be obtained by Assignee prior to any sale, reassignment, transfer or subassignment of this assignment. Should Assignee borrow money or otherwise finance the improvements to be con- structed hereunder, and should it become necessary for any lender, financing agency or guarantor to foreclose and take over this assignment because of -12- Assignee's failure to pay, said lender, financing agency or guarantor may operate the assignment subject to all of its provisions, provided all obli- gations of Assignee's are met and all payments owing be paid. ARTICLE XII AIR OPERATIONS AREA SECURITY Assignee shall provide for the security of the air operations area to prevent ground entry or movement of unauthorized persons in accor- dance with Section 9-32 of the City Code of Corpus Christi, Texas, and any regulations imposed upon City by the Federal Aviation Administration. Assignee 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 Assignee'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 premises. This covenant is in addition to 'any of the above indemnification provisions. ARTICLE XIII CIVIL RIGHTS In exercising any of his rights or privileges, Assignee 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 man- ner prohibited by Part 21 of the Reguld:ions of the Secretary of Transporta- tion,. City hereby expressly retains the right to take such action as the United States may direct to enforce this nondiscrimination covenant. ARTICLE XIV SUPERSEDES TEMPORARY ASSIGNMENT This agreement supersedes the previous temporary assignment existing between the parties, authorized by Ordinance No. 14977 passed and approved by the City Council on July 3, 1979. -13- ARTICLE XV PRIOR INTERESTS Assignee 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. Charles N. Rayburn ATTEST: SMALL BUSINESS ADMINISTRATION By ATTEST: CORPUS CHRISTI BANK & TRUST COMPANY ATTEST: By CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: , 1979: J. BRUCE AYCOCK,,CITY ATTORNEY By Assistant City Attorney birector of Finance ACKNOWLEDGMENT THE STATE OF TEXAS II COUNTY OF NUECES II BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and con- sideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1979. THE STATE OF TEXAS COUNTY OF NUECES appeared Notary Public in and for Nueces County, Texas My commission expires: 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 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 day of , 1979. Notary Public in and for Nueces County, Texas My commission expires: .AL ..) Ir . 11. 11"I:c -=___---_-___:i11I •l �,, 01 • CC1III PARK SITE `, . . \ I t•I I'• ' Lt TYrcl . i -l' t -silt+.. -7. ,p I; J • • \ h DRAIN` DITCH FUTURE PARKING AREA X I• • • 04. FUTURE . r. .1. , J DRAIN Iii�..;..rt iel .J-\ E. ♦• < o1y, — PARKING I.'I l �'v✓J%I _ t:^`•'iil ��// AREA /W -N s\ II II.� t'-1 1 f N K C UMM EIb:I AI. A1-1,6` lY • ISiVriM OHi,.• o Q. W -C--` f� R P LONG. 77° 46.120" •..:I -���\ ' • / \ < 4,• OA •\ \ ,\ UO \''• v '1 SEGMENTED CIRCLE MARKER (L \.�I 1 1 T/W-O r1 1 i 19 0 That the foregoing ordinance was read for e first time and passed to its second reading on this the 3 day of , 1999 , by the 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 G third reading on this the Rday of �1 , 19—I 1 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky read for the second time and passed to its That the foregoing ordinance was read for the third time and passed finally on this the 1 day of (}�p 19 `t CC , by the following vote: Luther Jones A_if) Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner `1"lf) LX t7 Cliff Zarsky (24_14.E.0 PASSED AND APPROVED, this the day of . , 19 —1(1 . ' J Aid? A/ / MAY0 ° HE C OF CORPUS CHRISTI, TEXAS ATTEST: APPROVED: DAY OF ekly , 1971 : J. BRUCE AYCOCK, CITY ATTORNEY 15042 PUBLISHER'S AFFIDAVIT „STATE OF TEXAS, ; tss: County of Nueces. Before me, the undersigned, a,Notary Public, this day personal] came Elma Rodela , who being first duly sworn. accorei "bo law, says that he is the Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times, 't)aily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of .Public Notice Notice is hereby given that the City Cliandil of the City of Corpus 1 — - of which the annexed is a true copy, was published in Corpus Christi Caller -Times on the. 9th._ day of July 19 79 and -once each XlieW YXa i consecutive $9th Times. ^ ' 16.80 Elma Rodela a W�u1lW v`RJIC.....-) Accounting Clerk 79 Subscribed and sworn to before me this 11 day of Ju y 19 Lois Winn Notary Pu�ueceesC unty, Texas B JC N -0.1:11.; O l E PUB�IC NOTIs.E Notice Is hereby given that. the City' Council of the City of, • Corpus Christi, has, on the Nd day of July, 1979, approved on first reading an ordinance au' thorizing the City Manager to accept and approve an assignl 'r, _ ment of lease agreements frorrt Corpus Christi Bank and Trus Company to Charles N. Ray burn, covering a cornmercia hangar and fixed base aviatioi lease plot at the Corpus Christ International Airport. The fof rrtext of this ordinance Is avail fable to the public in the Office o the City Secretary. k,4 7L WITNESS my hand this 5tI fay of July,.1979. 's A 6-8111 G. Read City Secretary City of Corpus Chr stl, Texas -11 STATE OF TEXAS, County of Nueces. Elms Rodela ae }SS: PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this cam' , who being first duly sworn. according to iew, says that he is the 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 P.uBLIC.NOTICE ..__IIot_iee.._fS hereby .given that the City of Corpus Christ, has, onthe 11th of which the annexed is a true copy, was published in Cornus Christi Caller -Times on the. 16th day of July consecutive 1 Times. 19 79 , and once each"` Subscribed and sworn to before me this Elma Rodela�4y_ Accounting Clerk 20th day of._J..u1Y 19..29 • Lois Winn Notary Public, Nueces County, Texas PUBLIC NOTICE Notke Is hereby given that Me COX Council of the City of Corpus Christi, Ms, on the 11th day of July, 1979, approved on second reading, previously ap- proved on first reading on the 3rd day of July, 1979 an ordl,, nance authorizing the City Man- ager to accept and approve an assignment of lease agreements from Corpus Chnsti Bank & Trust Company to Charles N. Rayburn, covering a com- mercial hangar and fixed base aviation lease plot at the Corpus Christi International Airport The full teXt of this ordinance is available to the public in the Of lice of the City Secretary. -s- Bill G Read,, City Secretary Corpus Christi Texas • o r..f-T7r J. MOTION Council Member Bestmoved and Council Member Turner seconded the motion that the ordinance authorizing the City Manager to accept and approve an assignment of lease agreement from Corpus Christi Bank and Trust Company to Charles N. Rayburn, covering a commercial hangar and fixed base aviation lease plot at 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., 14977, in the third "Whereas" clause. B. Add the following after the fifth "Whereas" clause on the first page of the Assignment of Lease Agreement: "WHEREAS, Assignee has assumed a loan from the Small Business Administration in consideration of which the Assignee plans to enter into an Assignment of Lease Assignment and Agreement; and". C. Correct the Article II,PRIVILEGES, RIGHTS, USES AND INTERESTS, to read "Article III", and renumber each succeeding Article designation accordingly. D. Correct Article III, Section C, paragraph 7 as follows: 1. Change the comma to a semicolon after the words "Assignee'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 second line at the top of page 5, 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". E. Amend paragraph 4. under Article VII, RENT, by adding the words "as to gasoline sold" between the words "except" and "to commercial airline aircraft" in the second and third lines. F. Amend Article X, GENERAL PROVISIONS, by changing the word "Some" to "Said" at the beginning of line 14 of Paragraph A. INDEMNIFICATION. G. Correct the spelling of "Regulations" in Article XIII, CIVIL RIGHTS, appearing in the fourth line of said Article . H. Insert the number 14977 as the Ordinance Number in Article XIV, SUPERSEDES TEMPORARY ASSIGNMENT. I. Add a new Article, XV, to the Assignment of Lease Agreement, to read as follows: "ARTICLE XV PRIOR INTERESTS "Assignee 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." PASSED August 8, 1979