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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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